Friday, September 23 2005 17:38 Hrs (IST) - World Time -

Too much of hype is created around the Indo-US nuclear deal. But for the common man the issue is still not very clear. The set of questions and answers will provide an insight in to the matter.

What is the NPT?

The Nuclear Non-proliferation Treaty (NPT) is an international arrangement to control the spread of nuclear weapons and associated technology. It was opened for signature in 1970 and over 180 countries have signed and ratified it. Under the treaty, only countries that tested nuclear weapons prior to Jan 1, 1967 are allowed to keep them. Five countries - United States (US), Russia, France, United Kingdom (UK) and China meet this criterion. By signing the treaty, all the remaining countries agree to never develop nuclear weapons and in return get guaranteed supply of civilian nuclear technology. This is called the 'grand bargain.' The International Atomic Energy Agency (IAEA) is charged with monitoring and implementing the NPT.

What is India's position regarding the NPT?

From the beginning, India has said that the NPT is a discriminatory treaty because it uses an arbitrary cut-off date (1967) to decide who should and who should not be 'allowed' to develop nuclear weapons. India has always argued for a true disarmament treaty that treats all countries equally. India has therefore refused to sign the NPT.

Does the NPT disallow civilian nuclear commerce with India?

This is a common myth. The NPT by itself guarantees civilian nuclear technology to its signed parties, but it does not say anything about countries that have not signed the treaty, except that the exported material/technology should remain under safeguards.

So why is India currently not allowed to buy civilian reactors or Uranium if the NPT does not prohibit it from doing so?

In 1974, India tested a nuclear weapon. Alarmed by this, some countries agreed to form an informal cartel of suppliers of nuclear material and technology called the Nuclear Suppliers Group (NSG). This group is not a treaty but a voluntary political arrangement based on consensus. Currently [since 1992] the NSG has an agreed understanding that none of its members will sell nuclear items to countries that have not signed the NPT. Since almost every major nuclear supplier nation is currently a member of the NSG, India is unable to buy nuclear material or reactors from them.

Do current US laws prohibit nuclear trade with India?

Yes. The key piece of legislation is the 1978 Nuclear Non-proliferation Act that was passed in many ways due to India's nuclear test in 1974. This law essentially states that American companies can have no civilian nuclear related deals with countries have not signed the NPT and/or open all their facilities [whether imported or indigenously developed] for IAEA inspection. Over the years, many other laws have been passed to tighten up the 1978 act.