As far as we know, the Hyde Act cannot be by- passed by any foregn agreement. The violation of the Hyde Act will make the entire contract void as far as the US is concerned. It seems that as far as the US-India deal is concerned, the entire Hyde Act must be in the contract in a wordily different form without the name of Hyde Act appearing in it. The Indian side is carrying an impression that it does not apply to the deal. This is clever verbiage and hair splitting by our US counterparts. A second question is in case of violation; who is to determine and what would be the penalty. The US has ensured that violation of the deal would be on India's part with the US designated agencies playing the part of policemen the punishment for any violation being suspension of supplies of fissile materials by NSG completely to the detriment of India. A classic case of "Heads I win- Tails you lose" with" there is no alternative" (TINA) position for the US
