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What Is The India-USA Civil Nuclear Agreement?

Answer By law4u team

The India-USA Civil Nuclear Agreement, officially known as the 123 Agreement, signed in 2008, marked a landmark in Indo-US relations. It enables civilian nuclear trade and cooperation between the two countries despite India not being a signatory to the Nuclear Non-Proliferation Treaty (NPT). The agreement opened the doors for India to access advanced nuclear technology and fuel from the US and other Nuclear Suppliers Group (NSG) members.

Key Provisions and Objectives

Civilian Nuclear Cooperation

  • Permits the exchange of nuclear materials, equipment, and technology for peaceful purposes only.
  • India agrees to separate its civilian and military nuclear facilities.

Non-Proliferation Commitments

  • India commits to maintain the separation of its civilian nuclear facilities under IAEA safeguards.
  • India agrees to work towards strengthening global non-proliferation norms despite not signing the NPT.

Strategic Partnership

  • The agreement enhanced strategic ties and trust between India and the USA.
  • It laid the foundation for broader cooperation in energy, defense, and technology.

Legal Framework

  • The agreement was structured under Section 123 of the US Atomic Energy Act, hence the name 123 Agreement.
  • India had to amend its domestic laws, notably the Atomic Energy Act of 1962, to comply with the deal.

NSG Waiver

Following the agreement, the NSG granted India a waiver, allowing it to engage in nuclear trade globally despite not being an NPT member.

Significance

  • Energy Security: Diversified India’s energy sources, supporting nuclear power expansion.
  • International Recognition: Marked acceptance of India as a responsible nuclear state.
  • Diplomatic Milestone: Transformed Indo-US relations from cautious engagement to a strategic partnership.
  • Technology Access: Enabled India to acquire advanced reactors, fuel, and safety technology.

Consumer Safety Tips (for Public Awareness)

  • Understand the difference between civilian and military nuclear use under the agreement.
  • Keep track of India’s ongoing nuclear projects fueled by international cooperation.
  • Be aware that the agreement does not alter India’s sovereign right to maintain a nuclear deterrent.
  • Follow updates on nuclear safety and environmental concerns related to nuclear energy projects.

Example

India plans to build a new nuclear power plant using US technology under the Civil Nuclear Agreement.

Steps taken:

  • India signs a contract with a US company for reactor technology.
  • The civilian nature of the project ensures IAEA safeguards apply.
  • Fuel supply is guaranteed through international channels under the agreement.

This project helps India meet its growing electricity demand while reducing fossil fuel dependence.

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