The deal will not be governed by the bilateral 123 Agreement because it is anchored in U.S. domestic laws, including the Hyde Act, which contains several stipulations “extraneous to the issue of bilateral nuclear cooperation, including foreign policy behaviour which India needs to adhere to if the deal is to be kept alive.” “India-specific?” The deal could also have other serious repercussions, including a potential weakening of India’s nuclear deterrent and an inability to protect & promote indigenous R&D efforts in nuclear technology. They expressed doubts about the safeguards agreement being India-specific. For, it was “distinctly” clear from the Hyde Act and the 123 Agreement that no uninterrupted fuel supplies were guaranteed. “The government had assured that this defect will be corrected in the safeguards agreement but since the IAEA was all along known to be no fuel-supply guarantor, it is not surprising that Indian negotiators have failed to obtain any assurance in this regard.” “The corrective measures mentioned in the preamble to the safeguards agreement have nothing that anchors them to any section in the operative part of the agreement.” “The nation would like to know clearly what these corrective measures are, before plunging headlong into this deal. India being merely allowed to withdraw the Indian-built civilian [pressurised heavy water reactors] PHWRs from safeguards, and that too after stripping them of all spent & fresh fuel and components of foreign
