Minister of External Affairs S. Jaishankar introduced the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Amendment Bill in the Lok Sabha.

It seeks to ban funding of weapons of mass destruction and also empower the Centre to freeze, seize or attach financial assets and economic resources of people engaged in such activities.

What is the need for this Bill?

• The Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, passed in 2005, only banned manufacture of weapons of mass destruction.

• In recent times, regulations relating to proliferation of weapons of mass destruction and their delivery systems by international organisations have expanded.

• The United Nations Security Council’s targeted financial sanctions and the recommendations of the Financial Action Task Force have mandated against financing of proliferation of weapons of mass destruction and their delivery systems.

• There is a need to amend the said Act to provide against the financing of proliferation of weapons of mass destruction and their delivery systems so as to fulfil international obligations.

• The Bill seeks to insert a new Section 12A in the existing law which states that “no person shall finance any activity which is prohibited under this Act, or under the United Nations (Security Council) Act, 1947 or any other relevant Act for the time being in force, or by an order issued under any such Act, in relation to weapons of mass destruction and their delivery systems”.

• It gives the government the powers to “freeze, seize or attach funds or other financial assets or economic resources owned or controlled, wholly or jointly, directly or indirectly, by such person; or held by or on behalf of, or at the direction of, such person; or derived or generated from the funds or other assets owned or controlled, directly or indirectly, by such person”.

• The amendment further proposes to “prohibit any person from making funds, financial assets or economic resources or related services available for the benefit of persons related to any activity which is prohibited under this Act”.

Weapons of Mass Destruction

A weapon of mass destruction is a nuclear, radiological, chemical, biological, or other device that is intended to harm a large number of people. 

In 1977, the UN General Assembly, through its resolution affirmed the definition of Weapons of Mass Destruction as “atomic explosive weapons, radioactive material weapons, lethal chemical and biological weapons, and any weapons developed in the future which might have characteristics comparable in destructive effect to those of the atomic bomb or other weapons mentioned above”.

WMDs constitute a class of weaponry with the potential to:

• Produce in a single moment an enormous destructive effect capable to kill millions of civilians, jeopardize the natural environment, and fundamentally alter the lives of future generations through their catastrophic effects.

• Cause death or serious injury of people through toxic or poisonous chemicals.

• Disseminate disease-causing organisms or toxins to harm or kill humans, animals or plants.

• Deliver nuclear explosive devices, chemical, biological or toxin agents to use them for hostile purposes or in armed conflict.

Treaties related to WMDs

A number of multilateral treaties exist to outlaw several classes of WMDs. Some of them are:

The Biological Weapons Convention (BWC): It is formally known as “the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction”. It effectively prohibits the development, production, acquisition, transfer, stockpiling and use of biological and toxin weapons. It was the first multilateral disarmament treaty banning an entire category of weapons of mass destruction (WMD). It was negotiated by the Conference of the Committee on Disarmament in Geneva, Switzerland. It opened for signature on April 10, 1972 and entered into force on March 26, 1975. The BWC supplements the 1925 Geneva Protocol, which had prohibited only the use of biological weapons.

The Chemical Weapons Convention (CWC): It is formally known as “Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction”. The CWC was adopted by the Conference on Disarmament in Geneva on September 3, 1992. The CWC allows for the stringent verification of compliance by State Parties. The CWC opened for signature in Paris on January 13, 1993 and entered into force on April 29, 1997. 

Treaty on the Non-Proliferation of Nuclear Weapons (NPT): It is a landmark international treaty whose objective is to prevent the spread of nuclear weapons and weapons technology, to promote cooperation in the peaceful uses of nuclear energy and to further the goal of achieving nuclear disarmament and general and complete disarmament. The Treaty represents the only binding commitment in a multilateral treaty to the goal of disarmament by the nuclear-weapon States. Opened for signature in 1968, the Treaty entered into force in 1970. On May 11, 1995, the Treaty was extended indefinitely. A total of 191 States have joined the Treaty, including the five nuclear-weapon States. The Treaty is regarded as the cornerstone of the global nuclear non-proliferation regime and an essential foundation for the pursuit of nuclear disarmament.

The Treaty on the Prohibition of Nuclear Weapons (TPNW): It includes a comprehensive set of prohibitions on participating in any nuclear weapon activities. These include undertakings not to develop, test, produce, acquire, possess, stockpile, use or threaten to use nuclear weapons. The Treaty also prohibits the deployment of nuclear weapons on national territory and the provision of assistance to any State in the conduct of prohibited activities. It was adopted by the United Nations on July 7, 2017, and opened for signature by the Secretary-General of the United Nations on September 20, 2017. Following the deposit with the Secretary-General of the 50th instrument of ratification or accession of the Treaty on  October 24, 2020, it entered into force on January 22, 2021. India and other nuclear-armed nations had not participated in the negotiations.

Manorama Yearbook app is now available on Google Play Store and iOS App Store