Related Rule
India
Practice Relating to Rule 73. Biological Weapons
India’s Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act (2005) states:
“biological weapons” are –
(i) microbial or other biological agents, or toxins whatever their origin or method of production, of types and in quantities that have no justification for prophylactic, protective or other peaceful purposes; and
(ii) weapons, equipment or delivery systems specially designed to use such agents or toxins for hostile purposes or in armed conflict. 
India, Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005, Section 4(a).
In the preliminary stages of the First Review Conference of States Parties to the Biological Weapons Convention in 1980, India stated: “As a party to the Biological Weapons Convention, India continues to comply with all the obligations under the Convention.” 
India, Response to the request by the Preparatory Committee for the First Review Conference of States Parties to the Biological Weapons Convention, Geneva, 3–21 March 1980, excerpted in UN Doc. BWC/CONF.I/4, 20 February 1980, § 41.
At the Fourth Review Conference of States Parties to the Biological Weapons Convention in 1996, India stated: “It has been our consistent belief that the only certain defence against the inhumane weapons is their destruction and total elimination.” 
India, Statement of 26 November 1996 at the Fourth Review Conference of States Parties to the Biological Weapons Convention, Geneva, 25 November–6 December 1996.
At the Fifth Review Conference of States Parties to the Biological Weapons Convention in 2001, India expressed its feeling that “the comprehensive legal norm against biological weapons, embodied by the Biological and Toxins Convention, needs to be strengthened”. 
India, Statement of 20 November 2001 at the Fifth Review Conference of States Parties to the Biological Weapons Convention, Geneva, 19 November–7 December 2001.
In 2004, in a statement to the Conference on Disarmament at the Meeting of States Parties to the Biological Weapons Convention, the permanent representative of India stated:
India believes that norms against biological weapons enshrined in the [1972] Biological and Toxin Weapons Convention [BTWC] must be upheld, particularly at a time of heightened threat of biological weapons proliferation and bio-terrorism. Meaningful multilateral efforts should be pursued to strengthen these norms, since biological weapons could well become the weapon of choice for the terrorists due to ever increasing access to requisite technologies, materials and equipment. We have to guard against the increased risk, in this context, of hostile use of advances in biotechnology and the constant need to prevent misuse of biological agents.
The BTWC is the first disarmament instrument that bans the development, production, stockpiling and use of an entire class of weapons. India fully supports initiatives to strengthen the Convention, ensure its full implementation by all States Party and make it universal. 
India, Statement by the permanent representative of India to the Conference on Disarmament at the Meeting of States Parties to the Biological Weapons Convention, 6 December 2004.
In 2008, in a statement at the Meeting of Experts on the Biological Weapons Convention, the permanent representative of India stated:
India attaches the highest priority towards the further strengthening of the [1972] Biological Weapons Convention and its full implementation. Along with the CWC [1993 Chemical Weapons Convention], the Biological Weapons Convention eliminated an entire category of weapons of mass destruction. …
Recent advances in biotechnology, genetic engineering and life sciencese, and their dual use nature pose particular dangers of proliferatrion and the hostile use of biological agents. The possibility that non-state actors, including terrorists[,] could acquire and resort to the use of biological warfare agents and toxins has added a new dimension to this danger. India, therefore, supports international cooperation efforts to address these challenges. We have undertaken initiatives at the United Nations General Assembly, including sponsoring a resolution on “Measures to prevent terrorists from Acquiring Weapons of Mass Destruction[”].
In May 2005, India adopted a legislation called the “Weapons of Mass Destruction and their [D]elivery Systems Act” which builds upon existing regulatory framework relating to prohibiting unlawful WMD [weapons of mass destruction] activities and strengthen national export controls. This Act covers all the prohibitions that are required under the Biological Weapons Convention. 
India, Statement by the permanent representative of India at the Meeting of Experts of the Biological Weapons Convention, 18 August 2008.
In 2008, in a statement at the Meeting of States Parties to the Biological Weapons Convention, the permanent representative of India stated:
The [1972] Biological Weapons Convention [BWC] was the first disarmament treaty that eliminated an entire category of weapons of mass destruction. India attaches the highest priority towards the further strengthening of the BWC …
Recent advances in biotechnology, genetic engineering and life sciences and their dual use nature pose particular danger of proliferation and the hostile use of biological weapons. The possibility of non-state actors, including terrorists acquiring such toxins or agents have added a new dimension to this danger. We believe that international cooperative efforts are an important component in addressing these challenges. India’s resolution at the UN General Assembly “Measures to prevent terrorists from acquiring weapons of mass destruction” has been adopted by consensus reflecting the common concern and determination of the international community on this issue.
India has put together a broad-based legislative framework to prevent the misuse of macro-organisms and to regulate biomedical research. The Weapons of Mass Destruction and the Delivery System Act of 2005, defines biological weapons in the same manner as in the Biological Weapons Convention. This Act prohibits unlawful acquisition, possession, storage, handling, development or transport of biological weapons or its means of delivery. 
India, Statement by the permanent representative of India at the Meeting of States Parties to the Biological Weapons Convention, 1 December 2008.
In 2010, in a statement at the Meeting of Experts on the Biological Weapons Convention, the permanent representative of India stated:
India attaches the highest importance to the full implementation of all provisions of the BWC [1972 Biological Weapons Convention]. The topic of this year’s meetings, i.e. assistance and coordination in case of alleged use of biological weapons is especially relevant. We note that Articles VI and VII of the BWC provide the mechanism for investigation into alleged use of biological and toxin weapons and to provide assistance in such cases.
In conclusion, I would like to reiterate that India attaches the highest priority to the further strengthening of the BWC, ensure its full implementation by all States Parties and to make it universal. 
India, Statement by the permanent representative of India at the Meeting of Experts of the Biological Weapons Convention, 23 August 2010.
In 2011, in a statement at the Preparatory Committee for the Seventh Review Conference of the Biological Weapons Convention, the permanent representative of India stated:
India attaches the highest importance to the BTWC [1972 Biological Weapons Convention] as the first non-discriminatory disarmament treaty banning a complete category of weapons of mass destruction. It is thus more than a non-proliferation or an arms control treaty. States Parties to the Treaty have committed not to use in any way and under any circumstances biological agents or toxins not consistent with the prophylactic, protective or other peaceful purposes. As per the Final Document of the 6th Review Conference, we have all undertaken in Article I never in any circumstances to develop, produce, stockpile or otherwise acquire or retain weapons, equipment, or means of delivery designed to use such agents or toxins for hostile purposes or in armed conflict in order to exclude completely and forever the possibility of their use.
We reiterate our commitment to the full implementation of the BTWC and its universalization. States Parties must ensure that their commitments and obligations under the Convention are fully and effectively implemented. The Seventh Review Conference will be an important opportunity to review the operation of the preamble and the provisions of the Convention. It will also give us the opportunity to discuss and agree on measures that would strengthen the Convention and ensure its full implementation. This is necessary in view of the new challenges to international peace and security emanating from proliferation trends, including the threat posed by terrorists or other non-state actors seeking access to biological agents or toxins for terrorist purposes. The Review Conference should send a clear signal of the collective determination of all States Parties to address these common challenges. 
India, Statement by the permanent representative of India at the Preparatory Committee for the Seventh Review Conference of the Biological Weapons Convention, Geneva, 13–15 April 2011.
In 2011, in a statement at the 7th Review Conference of States Parties to the Biological Weapons Convention, the permanent representative of India stated:
India attaches high importance to the BTWC [1972 Biological Weapons Convention] as the first disarmament treaty banning an entire class of weapons of mass destruction. Through this instrument, 165 States Parties to the treaty have pledged never to “develop, produce, stockpile or otherwise acquire or retain” biological weapons and have committed not to use in any way and under any circumstances biological agents or toxins not consistent with prophylactic, protective or other peaceful purposes.
India is committed to improving the effectiveness of the BTWC and strengthening its implementation. We also support efforts for its universalization. Since 1994, strengthening the Convention and its effective implementation has been the overriding imperative for states parties. …
This is an important opportunity to review the operation of the preamble and the provisions of the Convention, while providing an opportunity to agree on measures to strengthen the Convention and ensure its full implementation. This is also necessary in view of the new challenges to international peace and security emanating from proliferation trends, including the threat posed by terrorists or other non-state actors seeking access to biological agents or toxins for terrorist purposes. The Review Conference should send a clear signal of the collective determination of all States Parties to address these common challenges, especially bioterrorism.
Further, the Review Conference should underline that a central element of the operation of the Convention is compliance by all States parties with their obligations under the Convention. This is a multilateral treaty … National implementation remains the bedrock of the Convention.
In conclusion, we would like to stress our commitment to the BTWC and its full and effective implementation. 
India, Statement by the permanent representative of India at the 7th Review Conference of States Parties to the Biological Weapons Convention, Geneva, 5–22 December 2011.
In 2012, in a statement at the Meeting of Experts on the Biological Weapons Convention, the representative of India stated:
First, India attaches high priority to the further strengthening of the [1972] Biological Weapons Convention and its full implementation. This is necessary in view of the new challenges to international peace and security emanating from proliferation trends, including the threat posed by terrorists or other non-state actors seeking access to biological agents or toxins for terrorist purposes.
Fifth, India believes that national implementation is an important pillar of the Convention. We have a broad-based regulatory framework to prevent the misuse of biological science and technology. 
India, Statement by the representative of India at the Meeting of Experts of the Biological Weapons Convention, Geneva, 16–20 July 2012.
In 2012, in a statement at the Annual Meeting of States Parties to the Biological Weapons Convention, the Joint Secretary of the Disarmament and Security Affairs Division of India’s Ministry of External Affairs stated:
India attaches high importance to the BWC [1972 Biological Weapons Convention] as the first non-discriminatory disarmament treaty which eliminated an entire class of weapons of mass destruction. At the 7th Review Conference, States Parties again reaffirmed the undertaking to never in any circumstances develop, produce, stockpile or otherwise acquire or retain biological weapons in order to exclude completely and forever the possibility of their use.
We reiterate our commitment to improving the effectiveness of the BWC and strengthening its implementation and universalization. We believe this is necessary in view of the new challenges to international peace and security emanating from proliferation trends, including the threat posed by terrorists or other non-state actors seeking access to biological agents or toxins for terrorist purposes. States Parties must ensure that their commitments and obligations under the Convention are fully and effectively implemented.
India has always emphasized the responsibility of State Parties to fully implement their obligations under the Convention and adopt requisite national measures to this end. India has a broad-based regulatory framework to prevent the misuse of biological sciences and technology. 
India, Statement by the Joint Secretary of the Disarmament and Security Affairs Division of the Ministry of External Affairs at the Annual Meeting of States Parties to the Biological Weapons Convention, 10 December 2012.