Amending the Weapons of Mass Destruction Act

What were the stipulations under the earlier Act in 2005? Why did an amendment become necessary?

The story so far: On April 5, 2022, the Weapons of Mass Destruction (WMD) and their Delivery Systems (Prohibition of Unlawful Activities) Amendment Bill, 2022 was introduced in the Lok Sabha. It was passed the next day. The Bill amends the WMD 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. It is popularly referred to as the WMD Act. The recent amendment extends the scope of banned activities to include financing of already prohibited activities.

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.

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 — to not provide any form of support to non-state actors seeking to acquire WMD, related materials, or their means of delivery; to adopt and enforce laws criminalising the possession and acquisition of such items by non-state actors; to adopt and enforce domestic controls over relevant materials, in order to prevent their proliferation. It was to meet these obligations that enactment and enforcement of legislations to punish the unlawful and unauthorised manufacture, acquisition, possession, development and transport of WMD became necessary.

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.

UNSCR 1540 undergoes periodic reviews to determine the success of its implementation and to identify gaps in enforcement. In one such review undertaken in 2016, it was 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. Two specific gaps are being addressed — first, as the relevant organisations at the international level, such as the Financial Action Task Force have expanded the scope of targeted financial sanctions and demand tighter controls on the financing of WMD activities, India’s own legislation has been harmonised to align with international benchmarks.