Weapon of Mass Destruction Amendment Bill

 Context 

The Lok Sabha has recently passed the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Amendment Bill, 2022 which sought to prohibit the funding of Weapons of Mass Destruction (WMDs). 


Need for Amendment

  • According to the Statement of Objects and Reasons of the Bill, the need to amend the WMD Act rose because
    • In recent times, regulations relating to proliferation of weapons of mass destruction and their delivery systems by international organizations have expanded. 
    • The United Nations Security Council’s targeted financial sanctions and the recommendations of the Financial Action Task Force have mandated against the financing of the proliferation of weapons of mass destruction and their delivery systems. 
  • With advancements in technologies, new kinds of threats have emerged that were not sufficiently catered for in the existing legislation. Therefore, the Amendment keeps pace with evolving threats. 
  • The WMD Act, passed in 2005, only banned the manufacturing of weapons of mass destruction. The amendment bill is aimed at widening its ambit.

About Weapons of Mass Destruction (WMD) 

  • WMD is the term used to describe a munition that can indiscriminately kill a large number of living beings. 
  • In 1977, the United Nations affirmed the definition of WMD as 
    • Atomic explosive weapons 
    • Radioactive material weapons 
    • Lethal chemical and biological weapons
    • 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. 
    • In general, WMDs cover nuclear, biological and chemical weapons. 
  • WMD Usage: 
    • The first wide-scale use of chemical weapons began during World War I. 
    • It was also used by Germany as mustard gas at the village of Langemarck in 1915. 
    • They were also used extensively by the British and the French. 
    • In World War II, the Japanese made use of biological weapons on China. 
    • The United States used nuclear weapons when it detonated two atomic bombs over the Japanese cities of Hiroshima and Nagasaki during World War II. 
    • Chemical weapons were used extensively by Iraq against Iran in the war of the 1980s. 
  • Countries possessing WMDs: 
    • Nine countries possess nuclear weapons: the US, Russia, France, the UK, China, India, Pakistan, North Korea, and Israel. 
    • According to the Federation of American Scientists (FAS), a vast majority of nuclear warheads are held by the US and Russia with around 5500 and 6000 nuclear warheads respectively. 
    • China has 350 nuclear weapons, Pakistan’s number is 165, and India has 160.

India’s 2005 Act on WMD 

  • In 2005, India introduced the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 which prohibits the unlawful manufacture, transport, or transfer of WMD (chemical, biological and nuclear weapons) and their means of delivery. 
  • Its primary objective was to provide an integrated and overarching legislation on prohibiting unlawful activities in relation to all types of WMD, their delivery systems and related materials, equipment and technologies. 
  • The Act was passed to meet an international obligation enforced by the UN Security Council Resolution (UNSCR) 1540 of 2004. 

Amending the 2005 Act 

  • Purpose: The Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities Act) Amendment Bill sought to amend the 2005 law to include a ban on funding of weapons of mass destruction and empower the Centre to seize financial assets of people involved in such activities. 
  • Ban on Financing: The Bill provides against the financing of proliferation of weapons of mass destruction and their delivery systems so as to fulfil the international obligations. 
  • Seizing financial assets: 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. 
  • A new Section 12A: 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. 
  • 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. 
  • According to the amendments, the Centre can take action through any authority it has delegated to implement the law. 

Conclusion 

  • The amendment to the existing law passed in 2005 was necessitated by India's obligation to the UNSC, to resolve after 9/11, against the financing of the proliferation of weapons of mass destruction. 
  • It is in India’s interest to facilitate highest controls at the international level and adopt them at the domestic level. 
  • Having now updated its own legislation, India can demand the same of others, especially from those in its neighborhood that have a history of proliferation and of supporting terrorist organizations.
Q. With reference to the Weapons of Mass Destruction (WMDs) that were recently in the news, consider the following statements: 
1. The WMDs can be a nuclear, biological, or chemical weapon that is able to cause widespread devastation and loss of life. 
2. At present, approximately 90% of all nuclear warheads are owned by Russia and India. 
3. India joined the Non-Proliferation of Nuclear Weapons (NPT) in 2002. 
Which of the statements given above is/are correct? 
(a) 1 only     (b) 1 and 3 only     (c) 2 only     (d) 2 and 3 only 
Answer: (a) 

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