Bill on WMDs introduced in Lok Sabha

It will provide a legislative basis to prevent proliferation of WMDs.

An over-arching legislation to prohibit unlawful activities in relation to weapons of mass destruction, their means of delivery and related dual-use materials, equipment and technologies was introduced in Lok Sabha on Tuesday by Defence Minister Pranab Mukherjee.

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It said India remains committed to prevent non-state actors and terrorists from acquiring WMDs and their means of delivery.

The weapons of mass destruction and their delivery systems (prohibition of unlawful activities) Bill, 2005, piloted by Mukherjee on behalf of External Affairs Minister K Natwar Singh, said it would provide an integrated legislative basis to India's commitment to prevent proliferation of WMDs.

In addition, the envisaged control over the export of WMD-usable materials, equipment and technologies would also fulfil India's mandatory obligations under UN Security Council resolution adopted in April last year.

"In view of India's status as a Nuclear Weapon State and its international commitments," it was felt necessary to introduce this legislation, the statement of objects and reasons of the bill said.

Observing that India remained committed to safeguard its national security as a nuclear weapon state, it said at the same time, the country's policy had always been not to assist, encourage or induce any other country to manufacture WMDs including nuclear weapons or other nuclear explosive devices.

The bill noted that India continued to fulfil its international commitments under the Chemical Weapons Convention and the Biological and Toxin Weapons Convention, to which it was a state party.

It said over the years, the country has enacted necessary legislations dealing with and having relevance to WMDs, their means of delivery and related dual use materials, equipment and technologies.

New Delhi has also put in place administrative mechanisms to prevent any unlawful access to WMDs and their means of delivery.

The Bill said being conscious of its responsibilities, India has been exercising control over the export of WMD-usable materials, equipment and technologies.

The provisions of the act apply to export, transfer, re-transfer, transit and transhipment of material, equipment or technology relating to WMDs or their means of delivery.

Biological weapons have been defined as microbial or other biological agents, or toxins that have no justification for prophylactic, protective or other peaceful purposes.

Chemical weapons meant toxic chemicals and their precursors except where intended for industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes.

The bill stipulates that no person shall transfer, acquire, possess or transport fissile or radioactive material, which was intended to be used to cause or threat to cause death or serious injury or damage to property.

It prohibits export of any material, equipment or technology, which was intended to be used in the design or manufacture of a biological, chemical or nuclear weapons or other nuclear explosive devices, or in their missile delivery systems.

Any person who contravenes the act can be punished with imprisonment for a term not less than five years but which may be extended to life imprisonment along with fine.

No court shall take cognisance of any offence under this act without the previous sanction of the central government or any officer authorised by the Centre.