Nuclear - Articles

On 13 May 2005, the Indian Parliament enacted the Weapons of Mass Destruction and their Delivery System (Prohibition of Unlawful Activities) Bill, 2005. The bill aims at providing a firm legal base to India's resolution of preventing proliferation of nuclear, chemical and biological weapons-grade material. The objective of the bill is to impose stringent export controls over unlawful trafficking of WMD-related material and technology.

The Weapons of Mass Destruction Bill is a comprehensive statutory enactment that seeks to make WMD proliferation a criminal offence. An important goal is to prevent non-state actors and terrorists from acquiring weapons-grade material and technology. The provisions of the bill seek to prevent the manufacture, export, transfer, transit and transshipment of WMD material, equipment, technology and their means of delivery. Under the new law, any attempt at manufacturing weapons-grade material and transporting nuclear technology to non-state actors or terrorists groups will invite punitive action. The penalties carry jail terms from five years to life imprisonment along with fines. Contravention of any part of the bill further provides for a jail term of one year or fine or both. Companies committing such offences are also liable for prosecution.

The preamble to the WMD Bill clearly spells out the view that India, being a responsible nuclear weapon state, considers it very important to enact this law. It enunciates India's international commitments to prevent proliferation of fissile and radioactive material and their means of delivery among non-state actors and terrorists groups. This conforms to India's policy not to  assist, encourage or induce any state to manufacture and develop nuclear and radioactive devices. The bill also reiterates India's commitment under the Chemical Weapons Convention and the Biological and Toxin Weapons Convention and thus reaffirms that the country would continue to remain an ardent advocate of disarmament and global elimination of weapons of mass destruction. Overarching legislation oriented towards preventing unlawful undertakings with regard to WMD material, equipment and technologies, therefore, emerges a crucially important symbol.

Enactment of the WMD Bill is seen as a continuation of India's goals spelt by the previous regime after the nuclear tests in May 1998. Former Prime Minister Vajpayee premised his policies on two fundamental processes after his government conducted the tests. First, to bring about political reconciliation in the global community in order to contain the negative impact of the tests. And, second, to tighten domestic legislation on the spread of nuclear materials and technology. The latter in essence is a reiteration of its commitment to fulfill its obligations given to the UN Security Council in April 2004. A similar law has been executed by Pakistan in 2004. Enunciation of the doctrine of no-first-use was a major ingredient of the process. In a similar emphasis on its stand, India has categorically stated that all nuclear weapon states must assure all the non-nuclear weapon states that they will refrain from using or threatening to use weapons of mass destruction against the latter.

The passage of the bill is very timely and appropriate. It has been introduced by the Cabinet at a time when India's nuclear posture is at a very sensitive dimension. India has to conduct its nuclear diplomacy pragmatically to convince the international community and to ensure that the rules on civilian nuclear cooperation with India remain flexible. Enacting the WMD Bill is a significant step in that direction. The Russian Prime Minister Vladimir Putin on his visit to India early this month has pledged cooperative ties with India in the field of nuclear energy. Russia has been joined by US and France in providing India civilian nuclear reactors from the international market especially when such transactions are prohibited under the rules of global nuclear commerce. India's present non-proliferation record helps it in being viewed without suspicion. This legislation should promote the Next Steps in Strategic Partnership (NSSP) with the United States and would usher in new areas of cooperation with the US in the fields of nuclear energy and power. India's goal of achieving a status as a leading nuclear energy power by the turn of the century will no longer remain a distant dream.

The WMD Bill has been enacted seven years after Pokhran II. It has been passed at a time when the Seventh NPT Review Conference is going on. Although India has not participated in the Review Conference, it has made clear that is ready to join the non-proliferation regime as a responsible nuclear power. For seven years India deliberated on sensitive WMD related issues and finally adopted a resolution that is a stepping stone towards total elimination of weapons of mass destruction and world peace. The WMD Bill is an important message to the world that India is a responsible nuclear weapon state committed to global disarmament.