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123 Agreement: Areas of concern

US President George Bush will be able to assure his Congress that the 123 text remains within the parameters of the Hyde Act that enables the US executive to realise the letter and spirit of the July 2005 agreement.

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C Uday Bhaskar
 
A preliminary textual analysis of the 22-page document that contains the fine-print of the finally agreed text of the 123 agreement between the USA and India, released on Friday (Aug 3), suggests that PM Dr Manmohan Singh will be able to reassure the Indian Parliament — and through that body — the people of India — that the assurances made by him in August last as regards the nuclear deal with the USA will be met.

In like fashion, US President George Bush will be able to assure his Congress that the 123 text remains within the parameters of the Hyde Act that enables the US executive to realise the letter and spirit of the July 2005 agreement.

Since this agreement was first mooted two years ago, there has been a very vigorous and informed debate in both countries about the implications of this ‘deal’? And what it will  do to the prevailing global nuclear order. For the last 33 years? Since May 1974?

India has been defying the will of the major nuclear powers and various denial regimes were imposed to punish the country. Yet India been reasonably successful in ploughing a lonely path. This ability to prevail despite the ostracism and isolation  has to a great extent been enabled by the Indian scientific/atomic constituency going back to the legendary Homi Bhabha.

Now that the US, under the commendable  and determined leadership of President George Bush has stayed the course and ensured that the 123 agreement addresses India’s valid concerns, the issue will now move to the multilateral and global arena? The IAEA and the NSG respectively.

This is where India will have to proceed with great  care. While the fine print of the 123 permits India and the US to protect, nurture and advance what each side has prioritised? It is critical for New Delhi to ensure that the current 123 agreement and the detailed technical specifications embedded in it do not become the benchmark for the other NSG members.

The principal gain for India from the July 2005 initiative is that it gradually allows the hi-tech and nuclear commerce fetters placed on India to be removed? And the 123 agreement is in many ways the key.

However as and when other NSG members do enter into commerce with India, this 123 should remain US specific for this will give Delhi greater maneuverability. And as an extension of the interaction with other players, the need to ensure that China comes into the grouping of ‘friendly’ states is also important.

The writer is a commentator on Strategic Affairs

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