Issue 48 Vol II, September 30, 2007

L A W  &  J U S T I C E

Effect of Hyde Act on India’s Foreign Policy
Joginder Singh Toor

India once leader of the non alignment movement led by Jawahar Lal Nehru Prime Minister of India, Chou En Lai of China, Col Naseer of Egypt, Sukarno of Indonesia and Nakruma from Ghana, leading more than 75 countries of the world used to be first - in reaction and comments on any international issue. Non alignment, not neutrality, became a symbol of independent foreign policy and the followers there of became the third world, to be reckoned with.

The erosion caused by the American influence on political and economic affairs, in effectively checked by the then Social-Union lead to a position where one after the other country became an American Satelite. Is India an exception and has India been playing the leadership role in world affairs remained a hunch for many a peoples in the world. It is now removed by the provisions of the Hyde Act, 2006 which renders India virtually allied, an appendage not a Satelite of the U.S. camp. Let us see how?

“Henry J. Hyde United States –India Peaceful Atomic Energy Act of 2006” commonly known as The Hyde Act, described in the beginning why U.S. is entering into this India Specific, South Asia general agreement, in consonance with the provisions laid down under the Act. Section 102(5) of the Hyde Says “It is in the interest of the United States, to the fullest extent possible to ensure that those countries that are not States Party to the NPT (Non Proliferation Treaty) are responsible in the disposition of any nuclear technology they develop”.

What is “Disposition” is not defined. It is not “Disposing off”. As per Websters Encyclopedia Dictionary. It is ‘arrangement’ or ‘placing’ like troops, or final settlement of a matter. How the technology that India has developed like use of fast breeder reactors to reprocess spent fuel any number of times will be suspect to “disposition”.

Clasuse 102(6) goes further. “The Country” (India) has demonstrated responsible behaviour with respect to non proliferation of technology related to nuclear weapons and the means to deliver them (missiles etc.)

Still further it says “has a foreign policy that is congruent to that of the United States” in key foreign policy initiates related to non proliferation. Where remains non-alignment. Having a foreign policy “congruent” a geometrical terms, (having all sides, corners or angles equal) does India lead to.

The Hyde Act renders India a party imposition of sanctions on third world countries wanting to acquire nuclear capacity clause 102(6)(D) makes it clear.

“Such co-operation will induce the country (India) to give greater political aid material support to the achievement of United States global and regional non proliferation objectives, specially with respect to dissuading, isolating, and if necessary sanctioning and containing states that sponsor terrorism and terrorist groups that are seeking to acquire nuclear weapons capability or other weapons of mass destruction capability and means to deliver such weapons”

It is clear indication to Iran and North Korea, the Act unequivocally makes it clear that “strong bilateral relations with India are in the national interest of the Unites States” See further what section 103(4) says “Secure India’s full and active participation in United States efforts to dissuade, isolate and if necessary sanctions and contain Iran for its efforts to acquire weapons of mass destruction including a nuclear weapons capability to enrich unanion or reprocess nuclear fuel etc.”

And as part of South Asia policy the Hyde Act says in 103(2) “to achieve at the earliest possible data, the conclusion and implementation of a treaty banning the production of fissile material for nuclear weapons for nuclear explosive purposes by India, Pakistan and China” and if it does not happen, India does not co-operate or behave in a responsible manner as the Americans want, Article 2(1) of the 123 assignment provides that “each party shall implement this agreement in accordance with the respective applicable treaties, national laws regulations and license requirements” national laws include the Atomic Energy Act 1954, Non Proliferation Treaty Act and The Hyde Act 2006. The Hyde Act provides that India will adhere (not only America) to international non proliferation regimes including NSG (Nuclear Supply Group of 45 Countries) US can revoke arrangements and stop supplies as it has done in Tarapur plant of which supplies were unilaterally terminated after India made nuclear explosion in 1974 and in the event such exports are terminated by the United States shall not seek to facilitate or encourage the nuclear exports to India by any other party i.e. NSG.

The agreement under S.123 is to last far 40 years and far all the next 40 years India has to behave, co-operate, act and facilitate American foreign policy failing which not only the supplies would be suspended but U.S. will have the right to take back the materials, the products there of , even the technology and equipment including the spent fuel. The agreement binds not the present govt. but eight future prime ministers and their govts.

These are some of the questions, besides many others, the Indians are to ponder over.

jogindersingh_toor@yahoo.com

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