A quick perusal of the 123 Agreement released shows that many of India's concerns have not been fully addressed.
The Hyde Act: When the Hyde Act was passed last year, we were told that it was an internal matter that did not concern India. But now it has been formally admitted that in the negotiations, India accepted the US position that they could not go outside the framework of the Hyde Act.
Article 2.1 of the 123 Agreement makes it very clear that the Hyde Act and other US laws will prevail. What has happened to our concerns about the extraneous and prescriptive provisions of the Hyde Act?
Nuclear Apartheid: For all the spin given by the protagonists of the agreement that this would liberate India from `nuclear apartheid', Article 5.2 of the 123 Agreement rules out transfer of any sensitive nuclear technology. This will have to be amended before any such transfer can take place.
Furthermore, there is no change in the position regarding dual-use items. These remain subject to the prevailing laws, regulations etc. in USA. Where are the much-touted benefits of access to technology?
Reprocessing: Article 6 (iii) does talk of consent to reprocess. However, it kicks in only after India has set up a dedicated reprocessing facility and the two sides have agreed on arrangements and procedures.
There is silence on what would happen if the two sides do not reach agreement on these arrangements and procedures. All that is envisaged is that consultations will begin within 6 mo
