Date: 26/09/2022

Relevance: GS-2: Government Policies and Interventions for Development in various sectors and Issues arising out of their Design and Implementation.

Key Phrases: United Nations Security Council, Financial Action Task Force, Nuclear Non-proliferation Treaty of 1968, Biological Weapons Convention of 1972, Chemical Weapons Convention of 1993, Weapons of Mass Destruction, Comprehensive Nuclear-Test-Ban Treaty.

Why in News?

• On 6th April 2022, the Lok Sabha passed "The Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Amendment Bill, 2022" through a voice note with the members conveying their consensus that such a modification was a pressing priority.

Key highlights of the bill:

• The Bill seeks to modify The Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005.
• The 2005 Act outlaws the transit, manufacture, and transfer of weapons and associated delivery systems.
• Mass destruction weapons include biological, chemical, and nuclear weapons. This bill expands its scope.
• It aims to handle government the powers to "freeze, confiscate, or attach monies or other financial assets or economic resources owned or controlled by such a person, entirely or jointly, directly or indirectly; held by or for such a person; or produced or created from such funds or assets.".
• 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".

What are 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.
• According to the legislation, chemical warfare involves dangerous compounds and their progenitors used in activities other than agricultural, military, or industrial.
• Biological weapons use microbial agents or poisons without protective, peaceful, or prophylactic uses.

Which nations possess weapons of mass destruction?

• Nine nations have nuclear weaponry: France, Russia, the United States of America, Pakistan, Israel, North Korea, and India. A huge portion of nukes is contained by Russia and the US.
• As per the Federation of American Scientists, Russia possesses 5,977 nuclear weapons, although this comprises about 1,500 which are put down to be dismantled and retired.
• The USA possesses 5,428 nuclear warheads, the United Kingdom has 225, France possesses 290, Pakistan has 165, India possesses 160, and China has 350 nukes.
• Israel contains 90 nukes and North Korea has 20, as reported by scientists.

International rules on Weapons of Mass Destruction:

• 1925's Geneva Protocol banned biological and chemical weapons.
• Biological Weapons Convention 1972 and Chemical Weapons Convention 1993 banned chemical and biological weapons.
• Under the Treaty on the Non-Proliferation of nuclear weapons (NPT), countries must reduce their nuclear stockpiles and theoretically eliminate them.

Indian laws on Weapons of Mass Destruction:

• India introduced the 2005 Act on Weapons to curb the unlawful acts on WMDs and their delivery systems.
• The 2005 Act states that India is devoted to the target of worldwide nuclear disarmament and is exerting control over the export of organisms, equipment, technologies, materials, and chemicals related to weapons and their methods of conveyance.
• The 2005 Act also grants an integrated legal course for the prevention of the conveyance of weapons to terrorists or non-State actors.

Why Is the bill being discussed now?

• The Amendment Bill states the rationale behind its introduction at this time under its 'Statement of Objects and Reasons'.
• It enunciates that international regulations have expanded the regulations concerning the proliferation of weapons and their delivery systems.
• In addition to this, "the United Nations Security Council's targeted financial sanctions and the recommendations of the Financial Action Task Force have mandated against the financing of proliferation of weapons of mass destruction and their delivery systems".
• Taking into consideration, thereof, "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 to fulfil our international obligations", the Bill reads.

India and the Nuclear Non- Proliferation Treaty:

• The United Nations Security Council unanimously endorsed Resolution 1887 on nuclear non-proliferation, which, among other things, called on states who were not parties to the Nuclear Non-Proliferation Treaty to become parties to it.
• However, in response to the resolution, India stated explicitly that it would not join the Treaty as a non-nuclear weapon state because nuclear weapons are a vital aspect of India's national defence.
• Only the five permanent members of the UN Security Council (the US, Russia, UK, France, and China) are recognized as nuclear weapon powers, and other countries can only join the Treaty as non-nuclear weapon states.
• India has said that it cannot accept externally mandated norms or standards on topics within the competence of its Parliament or that are inconsistent with India's constitutional provisions and procedures, or that are adverse to India's national interests or encroach on its sovereignty.

India and the Comprehensive Nuclear-Test-Ban Treaty:

• India's stance on the Comprehensive Nuclear-Test-Ban Treaty is also based on sound policy considerations.
• Indian officials have stated that the Treaty in its current discriminatory form will be unable to be signed and ratified by their country.
• India, on the other hand, has promised to maintain its voluntary and unilateral embargo on additional nuclear tests indefinitely.
• Only India has said that it feels its security will be enhanced rather than lessened in a world free of nuclear weapons, making it the only nuclear-armed state to make such a declaration.

Conclusion:

• The statute concerning Weapons of Mass Destruction needs to be amended, this is the time when advancements in technology are surging every minute.
• With the rapid increase in advancement, the concerns also increase concerning the use of weapons.
• Recent technological advances, such as drones or illegal conduct in biomedical labs, could be used for terrorist operations.
• Since global organizations like Financial Action Task Force have expanded financial sanctions, India has harmonized its legislation to meet international standards.
• The 2005 Act did not adequately address these risks. The Amendment addresses new dangers and fits current realities.

Source: Live-Law

Mains Question:

Q. What are the key provisions of the Weapons of Mass Destruction Amendment Bill, 2022? What is the international significance of the proposed legislation?