Skip to main content

A STUDY ON WEAPONS OF MASS DESTRUCTION (WMD) AND THEIR DELIVERY SYSTEMS BILL

 A STUDY ON WEAPONS OF MASS DESTRUCTION (WMD) AND

THEIR DELIVERY SYSTEMS AMENDMENT BILL, 2022


The Weapons of Mass Destruction (WMD) and their Delivery Systems (Prohibition of

Unlawful Activities) Amendment Bill, 2022, was recently introduced in the Lok Sabha by the

Indian government. The law proposes to make it illegal to finance any activity related to

weapons of mass destruction, as well as to allow authorities to take action against anyone

who finance such activities. Weapons of Mass Damage are weapons that have the capability

to inflict huge death and destruction on an indiscriminate basis, making their mere presence

in the hands of a hostile force a grave threat. Nuclear, biological, and chemical weapons,

commonly known as NBC weapons, are the most common kind of modern weapons of mass

devastation. Since at least 1937, when it was used to describe massed formations of bomber

aircraft, the term "weapons of mass destruction" has been in use.

It also aims to give the government the powers to “freeze, seize or attach funds or other

financial assets or economic resources owned or controlled, wholly or jointly, directly or

indirectly, by such person; or held by or on behalf of, or at the direction of, such person; or

derived or generated from the funds or other assets owned or controlled, directly or indirectly,

by such person.


FEATURE OF THE BILL

The bill aims to amend the 2005 Weapons of Mass Destruction and Their Delivery

Systems (Prohibition of Illegal Activities) Act. The 2005 Act was passed to make illegal

operations involving weapons of mass destruction and delivery systems illegal. This Act

prohibits the use of biological, chemical, and nuclear weapons, as well as their delivery

mechanisms, for illegal purposes. It also establishes a set of integrated legislative

measures to regulate the export of materials, equipment, and technologies related to

weapons of mass destruction and their delivery systems, as well as the transfer of such

materials, equipment, and technology to non-state actors or terrorists. The current

Weapons of Mass Destruction Act does not address the financial aspects of such delivery

systems, so additional measures are required to meet international

responsibilities.The United Nations Security Council’s targeted financial sanctions and the

recommendations of the Financial Action Task Force have mandated against financing of

proliferation of weapons of mass destruction and their delivery systems.


OBJECTIVES OF THE BILL

The Bill aims to achieve mainly three primary objectives that are as follows

1. Prohibit financing of activities linked to weapon for mass destruction .

2. Empower the Centre to freeze, seize or attach funds, financial assets or economic

resources for preventing such financing.


3. Prohibit making available funds, financial assets or economic resources for any

prohibited activity in relation to weapons of mass destruction and their delivery

systems.


INDIA AND THE INTERNATIONAL TRATIES

A variety of international treaties and accords govern the use of weapons of mass destruction

such as chemical, biological, and nuclear weapons. The Geneva Protocol, signed in 1925,

prohibited the use of chemical and biological weapons; the Biological Weapons Convention,

signed in 1972, and the Chemical Weapons Convention, signed in 1992, both established

extensive bans on biological and chemical weapons. Both the 1972 and 1992 treaties have

been signed and ratified by India. Despite the fact that numerous countries have been accused

of non-compliance, there are very few non-signatory countries to these treaties. Treaties such

as the Nuclear Non-Proliferation Treaty (NPT) and the Comprehensive Test Ban Treaty

govern the use and proliferation of nuclear weapons (CTBT).

Labels:

Comments

Post a Comment

Popular posts from this blog

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B
Post a Comment
Read more

Case Laws related to Defamation in favour of ClaimantCase Laws related to Defamation in favour of Claimant. TOLLEY Vs, J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement. Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be asked to resign from his respective club. Furthermore, there was evidence that the possible adverse effects of the caricature on the claimant’s reputation were brought to the defendants’ attention. The trial judge found that the caricature could have a defamatory meaning. The jury then found in favor of the claimant. Held The House of Lords held that in the circumstances of this case – as explained by the facts – the caricature was capable of constituting defamation. In other words, the publication could have the meaning alleged by the claimant. The Lords also ordered a new trial limited to the assessment of damages. NEWSTEAD V LANDON EXPRESS NEWSPAPER LTD, (1939) Facts: A newspaper published a defamatory article about Harold Newstead. However, another person with this name brought an action in libel. He claimed that the article had been misunderstood as leading to him. The defendant newspaper recognised that they published the article. Also, they denied that they had the intention of being defamatory of him. Consequently, the claimant argued that the newspaper was under a duty. The duty was to give a clear and complete description of the correct person. Moreover, the claimant argued that the defendants were in breach of the duty. Issues: The issue in Newstead v London Express Newspaper, was if the reasonable persons would have understood the words complained of to refer to the plaintiff. Held: The Court of Appeal stated that in accordance with the current law on libel, liability for libel does not depend on the intention of the defamer; but on the fact of the defamation. Accordingly, a reasonable man, in this case a newspaper publisher, must be aware of the possibility of individuals with the same name and must assume that the words published will be read by a reasonable man with reasonable care.

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be aske
1 comment
Read more

Rules as to delivery of goods

                             Rules as to delivery of goods Section 2(2) of Sale of Goods Act defines ‘delivery’ as a ‘voluntary transfer of possession from one person to another.’ Thus, if the transfer of goods is not voluntary and is taken by theft, by fraud, or by force, then there is no ‘delivery. Moreover, the ‘delivery’ should have the effect of putting the goods in possession of the buyer. The essence of the delivery is a voluntary transfer of possession of goods from one person to another. There is no delivery of goods where they are obtained at pistol point or theft. 1. Mode of Delivery: According to Section 33, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf. Delivery of goods may be actual, symbolic or constructive. 2. Expenses of Delivery: According to Section 36(5), unless otherwise agree
Post a Comment
Read more