New Delhi, Aug. 30: Revisions in India’s Atomic Energy Act may be in the pipeline, but amendments to insulate India from the Hyde Act — the US legislation that enabled the 123 Agreement — are neither necessary nor possible, experts said.

In preparation for growth in the nuclear energy sector, the government is examining proposals to amend the atomic act to enable private investment in nuclear energy.

It is also planning to align the act with the international Convention on Physical Protection of Nuclear Materials of 1980, which India ratified in 2002, and the Weapons of Mass Destruction Act, which India passed in 2005.

There have been suggestions that India introduce amendments to insulate itself from the effects of any impact that might follow concerns in the US that the implementation of the 123 Agreement is not consistent with the Hyde Act.

“If the Hyde Act is viewed as a problem, our legislation is not a solution,” said M.K. Bhadrakumar, a former Indian ambassador to Turkey and Uzbekistan. “The US will be guided by its own legislation, not ours.”

In theory, India could introduce specific amendments to prevent the return of imported nuclear fuel or to exercise absolute control over imported spent fuel, according to the experts.

But introducing any such legislation at this stage would be seen as reneging on the 123 Agreement that has already been frozen, they said. “Such moves will only make it harder for it (the 123 Agreement) to be passed by the US Congress,” one analyst said.

The Hyde Act allows the US to pull out under certain circumstances. “We can’t bind the US to our legislation,” Bhadrakumar said. Since the text of 123 is already been finalised, any such amendments may be interpreted as unilateral attempt by India to renege on its commitment (under the 123 Agreement), Bhadrakumar said.

An atomic energy expert said the existing Atomic Energy Act provides “enough protection” to India. “There is no need to change the act. We’re not circumscribed by the Hyde Act — we’ve only negotiated a bilateral agreement,” the expert said.

Some experts said concerns over the impact of the Hyde Act are “hypothetical” and unlikely to materialise in the real world. “This (deal) is the start of a relationship,” said Bangalore-based strategic affairs expert Arvind Kumar.

“The bilateral agreement has been cleverly drafted,” Kumar said. “Both countries have tried to maximise the benefit and minimise the risk, and both countries need each other in the current international environment.”

He said clauses in Article 14 of the 123 Agreement appear to have been drafted in a manner so as to ensure that India’s interests are not hurt. “This has been done in an implicit manner, not explicitly.”