The Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005
Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005
📜 Background and Purpose
The Act was enacted by the Indian Parliament in 2005.
Its purpose is to prevent and punish unlawful activities related to Weapons of Mass Destruction (WMD) and their delivery systems.
It aligns India’s domestic law with its international obligations under treaties like the UN Security Council Resolutions and Non-Proliferation Treaties.
The Act aims to prohibit the development, manufacture, possession, and transfer of WMDs and their delivery systems by unauthorized persons or groups.
It also seeks to counter the threat of terrorism and proliferation of WMD technology.
🎯 Objectives
To prohibit unlawful activities related to nuclear, chemical, and biological weapons and their delivery systems.
To prevent the proliferation and smuggling of WMDs.
To enable effective investigation, prosecution, and punishment of offences related to WMDs.
To ensure India's compliance with international non-proliferation regimes.
To protect national security and public safety from threats posed by WMDs.
📝 Key Definitions
Weapons of Mass Destruction (WMD): Includes nuclear, chemical, and biological weapons, or any device intended to cause death or serious injury to large populations or cause significant property damage.
Delivery Systems: Means any means, including missiles, rockets, or aircraft, designed to deliver WMDs.
Unlawful Activities: Any act related to manufacturing, possession, transfer, or use of WMDs without lawful authority.
🏛️ Key Provisions
1. Prohibition of Unlawful Activities (Section 3)
No person shall engage in unlawful activities relating to WMDs or their delivery systems.
Activities include development, possession, acquisition, manufacture, transport, transfer, or use.
2. Penalties for Offences (Section 4)
Offences under the Act are non-bailable and cognizable.
Punishments include imprisonment for a term not less than 10 years, which may extend to life imprisonment, along with fines.
Repeat offenders or those involved in terrorist acts involving WMDs face stricter penalties.
3. Seizure and Forfeiture (Section 5)
The government has powers to seize and confiscate any WMDs, materials, or delivery systems involved in unlawful activities.
4. Investigation and Enforcement (Section 6)
Authorized agencies such as the Central Bureau of Investigation (CBI), Intelligence Agencies, and security forces are empowered to investigate offences.
Special courts may be designated for speedy trial of offences under this Act.
5. International Cooperation (Section 7)
The Act enables cooperation with foreign governments and international organizations for:
Exchange of information
Joint investigations
Extradition of offenders
Implementation of international obligations
6. Protection of Whistleblowers and Informants (Section 8)
Provides protection to persons who report or assist in investigations related to WMD-related unlawful activities.
⚖️ Relevant Case Laws
While specific landmark cases under this Act are limited due to the sensitive nature of WMDs and national security, related judicial principles have emerged from anti-terrorism and arms control cases:
1. Union of India v. Mohd. Afzal (2007)
The court emphasized the importance of stringent laws to prevent proliferation of weapons and protect national security.
Supported the constitutionality of laws targeting unlawful possession and transfer of arms and related materials.
2. State v. XYZ (Hypothetical Case)
In various cases related to arms smuggling and terrorism, courts have reinforced the non-bailable and cognizable nature of offences involving weapons and explosives.
Though not directly under this Act, such cases form the legal environment supporting strict enforcement.
🔍 Significance of the Act
Fills a critical legal gap in India’s legislative framework related to WMDs.
Supports India's international obligations under treaties like the Chemical Weapons Convention and the Nuclear Non-Proliferation Treaty.
Strengthens India’s ability to combat terrorism involving WMDs.
Empowers law enforcement agencies with robust tools for investigation and prosecution.
Acts as a deterrent against illegal trafficking and use of WMDs and delivery systems.
📌 Summary Table
| Aspect | Details |
|---|---|
| Act Name | Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 |
| Purpose | Prohibit and punish unlawful activities related to WMDs and their delivery systems |
| Types of WMDs Covered | Nuclear, Chemical, Biological weapons |
| Key Offences | Manufacture, possession, transfer, use without lawful authority |
| Penalties | Minimum 10 years imprisonment, up to life imprisonment and fines |
| Investigating Agencies | CBI, Intelligence, Security Forces |
| International Cooperation | Enabled for investigation, extradition, information exchange |
| Protection | Whistleblower protection provided |
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