Current Affairs 2022: Weapons of Mass Destruction and Delivery Systems Amendment Bill

The FATF has recommended that countries should implement targeted financial actions to comply with the Security Council resolutions.

Weapons Of Mass Destruction Amendment Bill 2022

External Affairs Minister, S. Jayshankar introduced the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Amendment Bill in the lower house on April 5, 2022. The Lok Sabha passed the bill the next day on April 6, 2022 unanimously by a voice vote. The bill envisages prohibiting the financing of any unlawful activity related to WMD (Weapons of Mass Destruction) and empowering the authorities to act against financers of such activities. The union cabinet minister, in the proceedings of the lower house, conveyed that they are upgrading a 17-year-old law and amending the shortcoming of the last act.

Background of the Bill

Weapons of Mass Destruction are not a new subject of discussion. It is a matter of concern since the time of independence. The bill relates to the legislation passed in 1947 by the Lok Sabha itself- ‘The United Nations Security Council Act’. The act obligates that the “Central Government will apply any measures, not involving the use of armed forces which will give effect to any decision of the Security Council”. India is a compliant member of the UN since the very beginning of its independence and hence is committed to any UN Security Council resolution. 

In the 1970s, WMD became a global concern. A series of four coordinated suicide attacks against the United States on September 11, 2001, commonly known as the 9/11 attack, sparked intense discussion. In response to growing concerns about terrorists getting hold of weapons of mass destruction, the Security Council passed resolution 1540 (2004). The key provisions of this resolution state that all states must take hold and enforce effective measures to establish controls to prevent the proliferation of nuclear, chemical and biological weapons and their means of delivery. The appropriate controls will include their storage, manufacture, acquisition, possession, storage, transfer, transportation, etc. The only thing overlooked was the specific reference to finance. 

When India moved forward with this legislation in 2005, it took the provisions from the Security Council Legislation. According to the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) act, 2005, “No person shall unlawfully manufacture, acquire, possess, develop or transfer” weapons of mass destruction. The act conveys India’s commitment to the objectives of the Global Nuclear Disagreement.   

FATF Recommendations

The Intergovernmental organisation FATF (Financial Action Task Force) which evaluates the financial policies of the countries in combating money laundering and terrorism funding has opined on this matter. The FATF has had recommendation no. 7 which states that countries should implement targeted financial actions to comply with the Security Council resolutions and ensure no funds and assets are made available (directly or indirectly) to any person or entity dealing with it. 

Provisions of the Bill

The initial obligation to the Security Council, the 1540 resolution, the 2005 act and our international obligations are all considered in the FATF deliberations for lending importance to financial matters, which leads to this new amendment. The WMD Amendment Bill 2022 is an extension of the previous act with the same name. The Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Amendment Bill, 2022 provides against the financing of proliferation of weapons of mass destruction and their delivery systems. The bill also envisages a new section 12, delineating the non-engagement of any person relating to financing any activity, which is prohibited under this act. Shifting India’s position of issuing notifications under the 1947 Act to regularising it by RBI and other concerning bodies, the amendments under this bill are of great importance for national security reasons. 

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I am Tanieya,  a juggler of words and works. I am a graduate in ELL from St. Xavier's College, Ranchi, and currently training as a teacher. Along with being a student, intern and freelance writer, I have discovered my interest in writing poetry as well.

 

 

 

 

 

 

 

 

 

 

Note: The views expressed in this article are solely the author’s own and do not reflect/represent those of Shiksha.