New Delhi, April 27, 2005 (Agencies)

Seven years after India conducted the Shakti series of nuclear tests at Pokhran, the UPA government is bringing in a legislation that steel-clads the non-proliferation framework and imposes punishment, upto life imprisonment, on those found involved in proliferating weapons of mass destruction and missile delivery systems to terrorists, non-state players and other countries.

Authoritative sources indicated that the legislation called ‘The Weapons of Mass Destruction and Their Delivery Systems (Prevention of Unlawful Activities) Bill, 2005’ has been drafted and comments are being sought from the DRDO and other agencies to make it foolproof.

Though Parliament goes into summer recess from May 13—it was on this day in 1998 when India conducted the last two of the five detonations at Pokhran—efforts are being made to get the legislation introduced and cleared this session itself.

The legislation has acquired urgency as private players will soon come into the civilian nuclear energy sector and there’s greater emphasis on private involvement in the defence sector.

This export control legislation will also help India convince the international community that its non-proliferation record is impeccable and provide impetus to countries such as US and Russia towards sharing of nuclear technology with New Delhi.

The bill provides for cast iron commitments by India, as a nuclear weapons or other nuclear explosive devices and not to assist or encourage any other state to manufacture or acquire WMDs.

With the broader objective of global disarmament, the bill says that India is committed to prevent terrorists and non-state players from acquiring nuclear devices, chemical or biological weapons and their delivery systems.

If cleared, this legislation will be in addition to the existing non-proliferation rules already in force. This law will apply to the entire country, including its Exclusive Economic Zone which is 360 km (200 nautical miles) from the coast, and to all Indian citizens wherever they are residing.

The bill will apply to any ship, aircraft or any other medium of transport registered in India, wherever they may be. Its jurisdiction will extend to all foreign persons residing in India and persons in Indian service, within and beyond the country.

All associates, branches or subsidiaries outside India of companies registered in India will also come under its ambit.

The draft apparently states that the Act will apply to trade, transfers, re-transfers, transit and trans-shipment of materials, equipment or technology (including software) of any description as identified by the government.

The bill defines in details WMDs, biological weapons, chemical weapons, munitions and devices, radioactive material, fissile material and delivery systems and indicates that the government may set-up a regulatory authority to implement rules and regulations under this Act.

It gives full powers to the Central government and protects the law enforcers of this Act from any counter-litigation, prosecution or any other legal proceedings. The draft prohibits any person other than government to deal with WMDs, bans any transfer of nuclear technology or radioactive material to terrorists. And imposes a ban on export of materials, equipment or technology relating to manufacture of biological, chemical or nuclear weapon.

The stringent law imposes heavy penalties on violators as a deterrence. Any person found dealing with WMDs or radioactive material will be sentenced to a minimum of five years in jail to a maximum o life imprisonment.

Any person who is found with an intent to aid any terrorist or possesses a nuclear device can be punished for a minimum of five years to a maximum of life imprisonment with a hefty fine.

The proposed law also bars Indians from exhibiting, selling or supplying WMDs to any foreign national, who is a resident, operating, visiting or studying or conducing research within the territorial limits of the country including the EEZ and the airspace.

Any contravention of this rule will invite a minimum penalty of five lakh rupees. The second or every subsequent offence will be punishable with an imprisonment not less than six months but can be extended to five years.