The Hindu : National : Weapons of Mass Destruction Bill

Online edition of India's National Newspaper
Wednesday, May 11, 2005

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National

Weapons of Mass Destruction Bill

Special Correspondent

To further nuclear ties with Russia. The Bill seeks to prohibit individuals from dealing with WMDs in any form, including manufacturing, transporting, possessing, exporting and brokering

Minimum five years' jail term for manufacturing WMDs
Huge fine for making, using false documents

Advisory panels to be formed

NEW DELHI: A Bill aimed at tightening the laws relating to illicit trafficking of nuclear, chemical and biological weapons-related material and technology was introduced in the Lok Sabha on Tuesday.

Defence Minister Pranab Mukherjee introduced the Weapons of Mass Destruction and Their Delivery Systems (Prohibition of Unlawful Activities) Bill, 2005 amid protests from the Communist Party of India (Marxist).

Speaker refuses plea

Speaker Somnath Chatterjee declined to accept the notices of the CPI(M) members opposing the introduction of the Bill on the premise that they had submitted them late. He also refused to entertain the CPI(M) member, Basudeb Acharia's plea that an exception be made.

According to the Government, the envisaged control over export of weapons of mass destruction (WMD) materials, equipment and technologies will fulfil India's mandatory obligations under the United Nations Security Council resolution number 1540. Pakistan had passed a similar law last year.

Officials expect the passage of the legislation to operationalise the Next Phase in Strategic Partnership (NSSP) with the U.S. They also hope that the law would further nuclear technology related partnership with Russia.

The statement of objects and reasons for introducing the Bill notes that though India is a nuclear weapon state in order to safeguard its national security, its policy has been not to assist or induce any other country or non-state actors to manufacture or trade in WMDs. Therefore, it feels the need to introduce an overarching legislation to prohibit unlawful activities in relation to WMDs, their means of delivery and related dual use materials, equipment and technologies. India has no law of this kind at present but it fulfils its international commitments under international treaties on chemical, biological and toxic weapons. It is also committed to preventing non-state actors and terrorists from acquiring WMDs and their means of delivery.

Prescribed punishments

The Bill seeks to prohibit individuals from dealing with WMDs in any form, including manufacturing, transporting, possessing, exporting and brokering. The punishment for manufacturing WMDs or abetting terrorists is a minimum jail term of five years, which may extend to life imprisonment besides being liable to fine. The first conviction for unauthorised export of WMDs is a fine of Rs. 3 lakhs to Rs. 20 lakhs and the second sentence will attract imprisonment for six months to five years, besides fine.

Subsequent offences will lead to jail term of one to seven years.

The fine for using or making false documents is Rs. 5 lakhs or five times the cost of the material or service whichever is more. Any individual contravening a provision for which no specific punishment has been specified shall be punishable for a maximum of one year in prison or fine or both. In case of an offence committed by a company, persons involved in the offence will be prosecuted.

The Bill also provides for appointment of advisory committees and an appellate authority.

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