Indian Kanoon - Search engine for Indian Law

            Then came the Nuclear Non-Proliferation Treaty in 1967 and, as everybody knows, the Nuclear Non-Proliferation Treaty created a regime of nuclear apartheid. You have the 5 nuclear States and the rest of the world as non-nuclear States. The 5 nuclear States perpetuated their nuclear power and I dare say that after 1967 till 1995, 35,000 nuclear tests were conducted by various nuclear powers. That is the extent to which the nuclear powers were, in fact, amassing nuclear weapons.

            In the context of what had happened in 1964 and 1962, we realised that we were at the receiving end of the nuclear apartheid regime and we could not expose our security to a neighbour with nuclear weapons. Therefore, we decided to move forward not to become a nuclear weapon State, but to have the capacity to produce nuclear weapons. I am giving this background because that is the background in which we must understand the 1974 tests.

We demonstrated to the world that we were not going nuclear because they were referred to as ‘nuclear tests for peaceful purposes.’ If you remember, those were the very significant words used by Mrs. Indira Gandhi. She said: “These are nuclear tests for peaceful purposes.” Therefore, we wanted to tell the world that we have the capacity, but we did not want to become a nuclear weapon State because we were firmly committed to a weapons-free world, we were firmly committed to a non-nuclear world regime. That happened in 1974 and the only consequence of that was that after the 1969 Tarapur Agreement with the United States and Canada, we did not get any fuel supply till the Agreement ended in 1993[k22] .

MR. SPEAKER: How long would you take?

… (Interruptions)

SHRI KAPIL SIBAL: Sir, I will conclude within ten minutes. 

MR. SPEAKER: There are another five speakers from your party.

… (Interruptions)

SHRI KAPIL SIBAL: I will conclude within ten minutes.

MR. SPEAKER: So, you can continue.

SHRI KAPIL SIBAL: Sir, I will conclude soon. So, we will have continuous supply of energy.  What is it on the military side? What is that we have done on the military side?   That is very important and I think we must explain that. On the military side, it is our prerogative not to include certain facilities in the civil-nuclear energy programme.   So, we can continue our research and development in the manner that we want.  We can continue without capping. We are not testing any more, but we can continue to use the nuclear fuels that we have for our weapons programme without carrying on any nuclear tests.   The United States does not carry on nuclear tests, but they are carrying on with their weapons’ programme.  For any future facilities it is our decision whether we want to put them under the civil-nuclear energy regime or under the military programme. That is our choice.  So, the future is protected. 

            I just want to take this House to the background of the nuclear policy. On 1st July, 1968, the five Permanent Members of the United Nations Security Council formalised a system of nuclear apartheid by opening for signature the   * Not Recorded.

Nuclear Non-Proliferation Treaty (NPT), restricted possession of nuclear weapons to the Permanent Five Members.

It gave signatories the rights of the peaceful use of nuclear technology.  The Treaty recognised the P-5, the Permanent Five, as permanent nuclear weapons States and did not provide adequate security guarantees to other countries.  That is the reason, India did not signed this NPT.  This is the background why we have not signed the NPT because there was no security for other countries, those who were not capable of nuclear power or nuclear weapons. Of course, it has brought many difficulties to the nation. Since 4 decades, no Indian Government has deviated from that line and maintained distance from NPT.  In 1974, India conducted first nuclear test with peaceful nuclear explosion.  It took India another 24 years to try and force another entry.  This time it was more bold and persistent with serial nuclear tests in 1998 when Shri Atal Bihari Vajpayeeji was the Prime Minister.  We had witnessed the outrage of the US and other countries. Even then US had been compelled to accept us as a nuclear power.  It had recognised India’s indigenous nuclear capability.  But in India, the nuclear market was not opened up.  So, this is the hidden agenda to open up the Indian nuclear market.  Everything was opened up in this country except the Defence and nuclear market. This is the hidden agenda to open the nuclear market and now the US, France and other countries are sure to rush. Now, we have the greatest market of the world for the nuclear materials.  Hence, this is definitely a big deal for the interested parties. Now, India would open up 14 of its 24 nuclear reactors to IAEA safeguards.  The Nuclear Supplier Group (NSG) will now deal with India.  NSG comprising of 45 nuclear supplier States including US have an agreement to coordinate its export control governing transfer of civil and nuclear materials and nuclear related equipments and technology to non-Nuclear Weapon States.  So, when in 1998 the world has accepted us as a nuclear power, with this agreement we have converted ourselves to a non-Nuclear Weapon State. Otherwise, there will be no agreement. These 45 countries, NSG and US, will not supply any material to us.  We have no hope but take dreams to be secured in energy though we will not get supplies.  We shall have to convert ourselves to a non-Nuclear Weapon State.  Hence, India will now convert to a position of a non-Nuclear Weapon country and we shall have to accept this position.  What have we achieved during the past years, will go away due to lack of foresight of this UPA Government.  The key objectives of this agreement, stated in the statement of the hon. Prime Minister, are to separate India’s military and civilian nuclear installations so that it would be opened for international inspections.  But, this separation is difficult for India.  Other Members have already stated that the same reactors produce electricity as well as fissile material for the weapon’s programme. So, now from where will we get money for this separation of civilian and military installations and are our scientists equipped with all these things?  Now, the Prime Minister stated that it will be effected after 10 years. In 2014, it will come into effect[a40] .