Hon.
Chairman Sir, this Bill concerns the security of
this country. This Amendment Bill has been passed in the Lok Sabha in
April. The Bill moved by the Minister of External Affairs amends the Weapons
of Mass Destruction and their Delivery Systems Act 2005. The Act of 2005
prohibits manufacturing, transport or transfer related to weapons of mass
destruction, and their means of delivery. Weapons of mass destruction include biological
weapons, chemical weapons, and nuclear weapons. This amendment is to prevent
persons or groups from financing such activities. The Central Government may
freeze, seize or attach100 their funds, financial assets or economic
resources whether owned, held or controlled directly or indirectly.
I would like to elaborate120 on the key features of the Amendment
Bill. The Weapons of Mass Destruction and their Delivery Systems (Amendment)
Bill,140
2022 seeks to ban funding of weapons of mass destruction and also empowers the
Centre to freeze160 and seize or attach financial assets and
economic resources of the people engaged in such activities. Then, the Bill
inserts a new provision stating that no person shall finance any activity which
is prohibited under this Act, or under the200 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. The240 punitive measures which have
been given in this Bill aim to give the Government powers to
freeze, seize or attach funds or other financial assets or economic
resources owned or controlled, directly or indirectly, by such person or
derived or280
generated from the funds or other assets owned or controlled, directly or
indirectly, by such person. The financial sanction which300
has been mentioned in this Bill empowers the Government to prohibit
making available funds, financial assets or economic resources for320
any prohibited activity in relation to weapons of mass destruction and their
delivery systems. Sir, the passing of this Bill will strengthen our
country's position, and specific changes in the earlier law were necessary so
that the security of the360 country can be ensured. Upgrading
a law, which was 17 years old, was necessary and thus it has come to this
House for consideration and passing. Many other countries in the world
have such legislations. The current requirement needs specific400
law and statutory ways to deal with the issue of national security.
Therefore, I think that this amendment is420 absolutely necessary.
Mr.
Vice Chairman, Sir, I thank you for giving me the opportunity to
share a few of my thoughts on the proposed amendments to the Weapons of Mass Destruction
and their Delivery Systems Act, 2005. There have not been any amendments
to the Act in the last 16 years of its inception and I appreciate
the480
introduction of such an important piece of legislation in the
Parliament. Sir, I would like to share a few of500 my observations
regarding the measures taken by the Centre in this regard. The first
point is that India has remained on the forefront in matters of disarmament
and reiterated the belief that nuclear weapons should be abolished in a step-by-step
process, which is echoed in the Bill. Having committed to the policy of 'No
First Use' since the year560 2003, we have repeatedly stated that the
usage of nuclear weapons would be of punitive retaliation, in case of an
attack. This Bill also promotes our global efforts towards disarmament and
strengthening the non-proliferation order, like supporting the600
conference of disarmament, negotiations on an international convention
prohibiting the use or threat of use of nuclear weapons and steps to reduce
the risks associated. The second point is that the United Nations Security
Council Resolution 1540 prevents640 individuals and organisations,
including terrorist groups from acquiring and spreading nuclear,
chemical and biological weapons and their means of delivery, while imposing
obligations on all States regardless of their participation in existing
treaties. India has fought a battle against terrorism for many decades.
Thus, I wish to draw the attention to the dangers of proliferation of
weapons of mass700 destruction as reiterated by our
representatives at United Nations Security Council and request the
international community to prevent possession and720 use of weapons of
mass destruction by terrorist groups as per the recommendations of the United
Nations Security Council.
The
next point is about biological weapons. We have repeatedly emphasized on following
the Biological and Toxic Weapons Convention and pitched for strict compliance
on banning production of the entire range of biological weapons of mass
destruction. In the recent past, we have seen the widespread effects of
COVID-19 pandemic with reports indicating that Coronavirus was manufactured in China
as800
a biological weapon to mobilize biological warfare, posing it to be as dangerous
as its nuclear and chemical counterparts. Such looming threats are a real
threat, and though our Armed Forces are trained to prepare for chemical,
biological, radiological and840 nuclear attacks, more efforts ought
to be considered. An apex centre for chemical, biological, radiological
and nuclear emergencies needs to be established on a priority
basis. In addition to this, training exercises for our forces by institutions
engaged in this field could be beneficial. Our enhanced
international cooperation in science and technology needs to be discussed
here. There is a900 need for international cooperation now
more than ever to deal with the matters relating to the weapons of mass
destruction, especially, in times of fast developing technology. Efforts for
promotion of peaceful uses of science and technology through technology
transfer, sharing of information and exchange of equipment are being encouraged
by India as indicated in the United Nations General Assembly960
resolution on role of science and technology in the context of
international security and disarmament. These efforts could be augmented980
by facilitation of multilateral dialogues on current developments
in science and technology and their potential impact on international security
and1000
disarmament efforts. The next point is about increasing criminal liability.
In the Act of 2005, for aiding non-state actors and for violation of other
provisions of the Act, there is no mention of an amount which would
be liable as a fine. Unauthorized exports of weapons of mass destruction are
punishable with fines ranging from Rs. 3 lakh to Rs. 20 lakh and only a repeat
offence results in imprisonment for a six-month period, extendable
up to five years.1080 Offenders convicted under the
Act often have strong financial backing and such an amount is miniscule
in comparison. Therefore, I urge the Centre to levy more severe fines on the
convicted offenders. I commend the efforts made by the1120 Centre to contribute
to elimination of weapons of mass destruction and implementing crucial steps
to ensure their effective control. This Bill is a step forward to
counter the threat posed by these weapons.
Hon.
Vice-Chairman Sir, I am very thankful to you for giving me this opportunity to
participate in the discussion on an important piece of legislation for
the welfare of the human kind. The Bill is intended to insert certain
provisions to the principal Act to prohibit financing1200 of any activity in
relation to weapons of mass destruction and their delivery systems. The
principal Act covers unlawful activities relating to biological, chemical and
nuclear weapons and their delivery systems and provides for integrated legal
measures to exercise controls over the export of materials, equipment and technologies
in relation to weapons of mass destruction and their delivery systems and1260
for prevention of their transfers to non-State actors or terrorists. The
biological, chemical and nuclear weapons are severe threat to1280
the human kind. In this perspective, a question assumes significance.
Are we prepared for a full-fledged biological, chemical and nuclear
warfare? I wish to know from the hon. Minister about the mechanism that
has been put in place to face such a warfare. I urge upon the Government to
constitute a Group of Ministers comprising the Ministers of Health
and Family Welfare, Defence, Chemicals and Fertilizers and External
Affairs to draw and implement a national level plan to confront and counter
any possible biological, chemical and nuclear warfare. Sir, this House is aware
that when there was the first phase of COVID-19 pandemic across the world,
everybody felt and believed that it was a biological warfare and that
the1400
COVID-19 virus was released from a lab of a country. Though the possibilities of
such things could not be avoided, we must be very careful and
cautious in facing such things. Here I would like to know whether the
provisions1440
of the original Act were not sufficient to deal with this subject also.
Section 15 of the original Act makes a mention about the punishment for aiding
non-State actor or terrorist. The existing provision in the original Act itself
is very clear, but I can understand that there is no provision to
seize the property. But at the same time, the punishment and other
measures are already taken care of. Finally, I am fully with the hon.
Minister and the Government in ruthlessly crushing the financing
of any activity which is trying to help in producing weapons of mass
destruction. I just wish to seek one clarification. The hon. Minister should
clarify what the Government has done to ensure that critical research on
such technologies is not impeded due to this legislation.1572
