In relation to the Indo-US nuclear deal the two documents much in discussion arethe Hyde Act and the other is the US-India agreement on peaceful uses of nuclear energy under section 123 of the US atomic energy.
The 123 Agreement is so named because the US negotiates nuclear treaties with other countries under section 123 of the 1954 US Atomic Energy Act (USAEA). The agreement paves the way for lifting the international embargo on the export of civilian nuclear technology and fuel the US has led against India since it first exploded a nuclear device in 1974.
Ideally as per the US laws Nuclear/atomic energy co-operations could be initiated by US only with those countries which are already part of the Nuclear non-proliferation Treaty.To enable reaching such an agreement with India as India is not a part of the NPT , US Congress passed United -States India Peaceful Atomic Energy Cooperation Act., popularly knownas Hyde Act.It was passed by the US House of representatives on July 26,2006.
Probably the most controversial point of the INDO -US deal is Point 2.1 of the Indo Nuclear agreement states that "Each party shall implement this agreement this agreement in accordance with its respective applicable treaties,national laws, regulations and license requirements concerning theuse of nuclear energy for peaceful purposes." Its this statment which brings the Hyde Act into picture and this were the goverment and the communist party come head on!
Although the Indian goverment has justified the nuclear agreement with the US from the stand point of meeting India's increasing energy needs and reducing its dependence onoil and natural gas imports.But according to Indian goverment's own projections,even if it sucessful in carrying out its plans to rapidly expand India's nuclear energy capactiy with foreign assistance,nuclear energy will only supply about 5 percent of India's energy needs in 2025.Rather than India's energy needs, it is predatory geopolitical ambitionsof US imperialism and big power ambitions of the India ruling elite that are motivating the Indo-US nuclear deal.Its inevitable result would be to further geopolitically destabilize South Asia and Asia as a whole.
The deal is unclear about permanent fuel supplies, has a broad termination clause and imposes curbs on India's right to conduct nuclear tests. The key provisions of the agreement do not protect India from a tougher American law that mandates stringent penalties should India conduct another nuclear test. The Hyde Act, passed in December last year, provides thatUS President will have discretionary powers to terminate the civil nuclear cooperation if India conducts a nuclear test.The agreement that is derived from the Hyde Act also puts India in the back seat.
