The Hindu : National : New law or changes likely in Atomic Act

Online edition of India's National Newspaper
Friday, Aug 24, 2007
ePaper

National

National

New law or changes likely in Atomic Act

Sandeep Dikshit

To resolve the stand-off with Left Parties on the nuclear deal

It could be India’s answer to the
Hyde Act
India attempted to get provision incorporated

NEW DELHI: The government is considering introduction of a law or making amendments to the Atomic Energy Act (AEA) 1962, to resolve the stand-off with the Left Parties on the nuclear deal with the United States, according to highly placed sources.

The new law or changes in the Act, a section of the government feels, could be India’s answer to the Hyde Act and help address the Communist Party of India (Marxist)’s demand that negotiations with the International Atomic Energy Agency be put on hold till all objections are addressed.

Passed by the U.S. Congress last December, the Hyde Act is a bone of contention between the government on one side and the Left Parties and the Bharatiya Janata Party on the other. BJP leader L.K. Advani has demanded a new law to counter the provisions of the U.S. Hyde Act.

Different agreement

It has been conveyed to the highest circles in the government that the 123 agreement differs from the one signed by China in one crucial respect.

China managed to incorporate the provision that neither side would invoke the provisions of its internal law as justification for its failure to observe the principles of a treaty.

In good faith

India too attempted to get this provision incorporated but due to the U.S. opposition, it managed to elicit the assurance (in the 123 agreement) that the deal will be implemented in good faith and in accordance with international laws.

The non-operability of domestic laws thus got left out and the current exploration of an amendment to the Act would help in framing a law to totally guard against the return of United States material and equipment in case the agreement breaks down.

This way, if the United States. says that the Hyde Act would prevail over the 123 agreement on return of material, India can claim that it cannot do so because it has a law of its own that does not permit re-export of material or equipment if it affects the functioning of the nuclear plants, the sources said.

Printer friendly page
Send this article to Friends by E-Mail

National