Indo-US Nuclear Agreement: Looking
Through the Prism of Human Rights
Dr. Uday Shankar
Assistant Professor
Indian Institute of Technology Kharagpur
uday@rgsoipl.iitkgp.ernet.in
• Subash Chandra Bose said : “He did not
know a single instance where a country
won freedom without some help from
outside”
• On the similar line : “there is hardly a country
which has achieved global eminence without
outside help.”
Right to Sustainable Energy
• As a matter of human rights, the creation and provision
of an adequate standard of living is fundamental.
• Energy is a fundamental component of meeting present
and future economic needs, both because it is a very
significant economic sector, and also because virtually
all economic activity is dependent on the availability of
energy, in one form or another.
• There is no way to create an adequate standard of living
for human beings, including food, water, sanitation,
clothing, house, health care, education, transportation,
and cultural activities, without adequate and inexpensive
sources of energy.
• Economic development is not possible without an energy
strategy which Millennium Development Goals missed it.
• Right to sustainable energy falls in the category of socioeconomic rights which is also known as ‘positive rights’.
• Positive rights refers to what government must do for
you in contradistinction with what government cannot do
to you in case of civil and political rights.
Contd.
• Government is under an obligation to tap available
resources/create new technologies in order to implement
human rights.
• In realization of positive rights, there is a human rights
imperatives to deploy resources toward meeting basic
needs and requiring developed nations to deploy more
resourced towards developing nations.
• Human rights document convey a vision of positive
rights, economic development, and natural resources,
which accept the legitimacy of human beings altering
natural environment by creating cities, farms and
industries.
• The natural world and natural resources are seen as
belonging to the various ‘peoples’ of the world, who have
a right to employ those resources in order to meet
subsistence needs, including adequate standard of living
and the continuous improvement of living conditions.
• In the human rights vision, human beings are free to
develop the earth and the earth’s resources for common
good humanity, even though it involves alteration of
natural environment.
• The right to sustainable energy arguably deserves to be
recognized as a fundamental human right
Contd.
• The United Nations Development Group (UNDG)
Resolution adopted in 2003, said that
‘ International policies and treaties on nuclear
technologies need to take cognizance of the human
rights principles of universality and inalienability;
indivisibility; interdependence and inter-relatedness; nondiscrimination and equality; participation and inclusion;
accountability and the rule of law.’
• A case for a right to a particular energy source such as
nuclear energy remains ambiguous
About the Deal
• 123 Agreement – Section 123 Agreement of US Atomic
Energy Act – the Agreement has been executed in
accordance with this section.
• Trade of $150 Billion will be brought.
• Increase in nuclear power output from 3,000 MW to
60,000 MW in next three decades.
• Currently, nuclear energy adds to 3% of total energy
generation.
• Increase in energy output will lower down the
infrastructure costs.
• Energy deficit threatens to slow down economic growth
of the country.
• Energy requirement is over five to seven times to
maintain more than 8% GDP in next two decades.
• Alternative to this nuclear energy – to continue with
thermal energy which causes massive pollution or import
oil and gas which will make heavy dent on finance.
• After this agreement, India can produce 40,000 MW
within a decade.
• Other benefits– More investments – particularly required in
infrastructure sector
– High quality technology in the area of biotech,
infotech, nanotech, agrotech
– Higher trade
Nuclear Energy
• Nuclear energy does not produce Co2 and other
pollutants into atmosphere which causes global warming
• Nuclear energy, arguably, more economical than fossil
fuels
• Restraining access to an abundant source of energy
from persons from the developing world would be
ethically challenging
• Use of Nuclear energy may displace use of fossil fuel
consumption which may be beneficial to the
environment