Amending The Weapons of Mass Destruction Act : Daily Current Affairs

Relevance: GS-2: Parliament and State legislatures—structure, functioning, conduct of business, powers & privileges.

Relevance: GS-3: Science and Technology- developments and their applications and effects in everyday life, linkages of organized crime with terrorism.

Key Phrases: Weapons of Mass Destruction, Biological weapons, Chemical weapons, UNSCR, UN Charter, Financial Action Task Force, International Atomic Energy Agency,

Why in News?

The Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Amendment Bill, 2022 has been unanimously passed in Lok Sabha.

Background

The expression WMD entered the vocabularies of people and countries around the world in the early 2000s after the US under President George W Bush and the UK under Prime Minister Tony Blair justified the invasion of Iraq on the grounds that the government of Saddam Hussain was hiding these weapons in the country.
According to the United States Department of Homeland Security, “A weapon of mass destruction is a nuclear, radiological, chemical, biological, or other device that is intended to harm a large number of people.”

India’s 2005 WMD Act defines:

“Biological weapons” as “microbial or other biological agents, or toxins…of types and in quantities that have no justification for prophylactic, protective or other peaceful purposes; and weapons, equipment or delivery systems specially designed to use such agents or toxins for hostile purposes or in armed conflict”; and
“Chemical weapons” as “toxic chemicals and their precursors” except where used for peaceful, protective, and certain specified military and law enforcement purposes; “munitions and devices specifically designed to cause death or other harm through the toxic properties of those toxic chemicals”; and any equipment specifically designed for use in connection with the employment of these munitions and devices.

What was the purpose of the original WMD Act?

The WMD and their Delivery Systems (Prohibition of Unlawful Activities) Act came into being in July 2005.
Its primary objective was to provide an integrated and overarching legislation on prohibiting unlawful activities in relation to all three types of WMD, their delivery systems and related materials, equipment and technologies.
It instituted penalties for contravention of these provisions such as imprisonment for a term not less than five years (extendable for life) as well as fines.
The Act was passed to meet an international obligation enforced by the UN Security Council Resolution (UNSCR) 1540 of 2004.

What has the Amendment added to the existing Act?

The Amendment expands the scope to include prohibition of financing of any activity related to WMD and their delivery systems.
To prevent such financing, the Central government shall have the power to freeze, seize or attach funds, financial assets, or economic resources of suspected individuals (whether owned, held, or controlled directly or indirectly)
It also prohibits persons from making finances or related services available for other persons indulging in such activity.

What is the UNSCR 1540?

In April 2004 the UN Security Council adopted resolution 1540 to address the growing threat of non-state actors gaining access to WMD material, equipment or technology to undertake acts of terrorism.
In order to address this challenge to international peace and security, UNSCR 1540 established binding obligations on all UN member states under Chapter VII of the UN Charter.
Nations were mandated to take and enforce effective measures against proliferation of WMD, their means of delivery and related materials to non-state actors.
UNSCR 1540 enforced three primary obligations upon nation states :
1. To not provide any form of support to non-state actors seeking to acquire WMD, related materials, or their means of delivery.
2. To adopt and enforce laws criminalising the possession and acquisition of such items by non-state actors.
3. To adopt and enforce domestic controls over relevant materials, in order to prevent their proliferation.

Why was this Amendment necessary?

Rapid advancement in science
- UNSCR 1540 in one of its reviews concluded that the risk of proliferation to non-state actors is increasing due to rapid advances in science, technology, and international commerce.
- The statement of objects and reasons of the Bill presented in India echoes these developments for having made the Amendment necessary.
To Align with International Benchmark
- Financial Action Task Force have expanded the scope of targeted financial sanctions and demand tighter controls on the financing of WMD activities, India’s legislation has been harmonised to align with international benchmarks.
To tackle new threats
- With advancements in technologies, new kinds of threats have emerged that were not sufficiently catered for in the existing legislation.
- These notably include developments in the field of drones or unauthorised work in biomedical labs that could maliciously be used for terrorist activity.
- Therefore, the Amendment keeps pace with evolving threats.

What more should India do?

At the domestic level, this Amendment will have to be enforced through proper outreach measures to industry and other stakeholders to make them realise their obligations under the new provisions.
India’s outreach efforts with respect to the WMD Act have straddled both region-specific and sector-specific issues. Similar efforts will be necessary to explain the new aspects of the law.
It is also necessary that India keeps WMD security in international focus. There is no room for complacency.
India can offer help to other countries on developing national legislation, institutions and regulatory framework through the IAEA (International Atomic Energy Agency) or on bilateral basis.

Conclusion

Given the danger of WMD terrorism that India faces in view of the difficult neighbourhood that it inhabits, the country supported the Resolution and has fulfilled its requirements.
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 neighbourhood that have a history of proliferation and of supporting terrorist organisations.

Sources: The Hindu

Mains Question

Q. What do you understand by weapon of mass destruction? Why did amendment become necessary? (250 words).