Practice Relating to Rule 74. Chemical Weapons
India’s Arms Act (1959) states:
2. Definition and interpretation.
(1) In this Act, unless the context otherwise requires,
(h) “prohibited ammunition” means any ammunition containing or designed or adapted to contain, any noxious liquid, gas or other such thing, and includes rockets, bombs, grenades, shells, missiles, articles designed for torpedo service and submarine mining and such other articles as the Central Government may, by notification in the Official Gazette, specify to be prohibited ammunition;
(i) “prohibited arms” means
(ii) weapons of any description designed or adapted for the discharge of any noxious liquid, gas or other such thing.
7. Prohibition of acquisition or possession, or of manufacture or sale, of prohibited arms or prohibited ammunition.
No person shall
(a) acquire, have in his possession or carry; or
(b) use, manufacture, sell, transfer, convert, repair, test or prove; or
(c) expose or offer for sale or transfer or have in his possession for sale, transfer, conversion, repair, test or proof;
any prohibited arms or prohibited ammunition unless he has been specially authorised by the Central Government in this behalf.
27. Punishment for using arms, etc.
(2) Whoever uses any prohibited arms or prohibited ammunition in contravention of section 7 shall be punishable with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life and shall also be liable to fine.
(3) Whoever uses any prohibited arms or prohibited ammunition or does any act in contravention of section 7 and such use or act results in the death of any other person, shall be punishable with death.
45. Nothing in this Act shall apply to
Nothing in this Act shall apply to
(a) arms or ammunition on board any sea-going vessel or any aircraft and forming part of the ordinary armament or equipment of such vessel or aircraft;
(b) the acquisition, possession or carrying, the manufacture, repair, conversion, test or proof, the sale or transfer or the import, export or transport of arms or ammunition
(i) by or under orders of the Central Government, or
(ii) by a public servant in the course of his duty as such public servant, or
(iii) by a member of the National Cadet Corps raised and maintained under the National Cadet Corps Act, 1948 (31 of 1948), or by any officer or enrolled person of the Territorial Army Act, 1948 (56 of 1948), or by any member of any other forces raised and maintained or that may hereafter be raised and maintained under any Central Act, or by any member of such other forces as the Central Government may, by notification in the Official Gazette, specify, in the course of his duty as such member, officer or enrolled person.
India’s Chemical Weapons Act (2000) provides:
(1) No person shall
(a) develop, produce, otherwise acquire, stockpile, retain or use Chemical Weapons, or transfer, directly or indirectly, any Chemical Weapons to any person;
(c) engage in any military preparations to use Chemical Weapons;
(d) assist, encourage or induce, in any manner, any person to engage in
(i) the use of any riot control agent as a method of warfare
(ii) any other activity prohibited to a State Party under the Convention.
It also prohibits the production, acquisition, retaining or use of toxic chemicals or precursors listed in Schedule 1 of the Annex on Chemicals to the Convention.
India’s Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act (2005) states:
4. Definitions. – In this Act, unless the context otherwise requires, –
(c) “chemical weapons” means, –
(i) the toxic chemicals and their precursors, except where intended for –
(a) industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes;
(b) protective purposes, namely those purposes directly related to protection against toxic chemicals and to protection against chemical weapons;
(c) military purposes not connected with the use of chemical weapons and not dependent on the use of the toxic properties of chemicals as a method of warfare; or
(d) law enforcement including domestic riot control purposes;
as long as the types and quantities are consistent with such purposes;
(ii) the munitions and devices, specifically designed to cause death or other harm through the toxic properties of those toxic chemicals specified in sub-clause (i), which would be released as a result of the employment of such munitions and devices; and
(iii) any equipment specifically designed for use directly in connection with the employment of munitions and devices specified in sub-clause (ii).
8. Prohibition relating to weapons of mass destruction
(3) No person shall unlawfully manufacture, acquire, possess, develop or transport a biological or chemical weapon or their means of delivery.
(4) No person shall unlawfully transfer, directly or indirectly, to any one biological or chemical weapons.
11. Prohibition on export. – No person shall export any material, equipment or technology knowing that such material, equipment or technology is intended to be used in the design or manufacture of a biological weapon, chemical weapon, nuclear weapon or other nuclear explosive device, or in their missile delivery systems.
In 1987, during a debate in the First Committee of the UN General Assembly, India stated that its efforts to ban chemical weapons predated the birth of the UN.
In 1989, in reply to a note verbale of the UN Secretary-General on the subject of chemical weapons, India declared that it did not possess chemical weapons.
At the First Conference of States Parties to the Chemical Weapons Convention in 1997, India welcomed the entry into force of the 1993 Chemical Weapons Convention and offered its wholehearted cooperation. It stated that it hoped that the entry into force of the Chemical Weapons Convention would lead to the total elimination of chemical weapons.
In 2013, a position paper submitted by the Islamic Republic of Iran to the Third Special Session of the Conference of States Parties to Review the Operation of the Chemical Weapons Convention (Third Review Conference) on behalf of the Member States of the Non-Aligned Movement (NAM) that are States Parties to the 1993 Chemical Weapons Convention (CWC), including India, and China noted:
2. Preamble and international security
2.2 The NAM CWC States Parties and China reiterate their long-standing principled position for the achievement of general and complete disarmament, under strict and effective international control, including the prohibition of all weapons of mass destruction.
3. Destruction of chemical weapons and destruction or conversion of chemical weapons production facilities
3.1 The NAM CWC States Parties and China call for the destruction of all categories of chemical weapons by the possessor States Parties and reiterate the importance of the total elimination of all types of weapons of mass destruction, in line with the first preambular paragraph of the Convention.
3.5 The NAM CWC States Parties and China reiterate that the obligation and responsibility regarding the destruction of chemical weapons lie solely with the possessor States Parties, and that fulfilment of this obligation is essential to the achievement of the object and purpose of the Convention.
In 2013, in a statement at the Third Special Session of the Conference of States Parties to Review the Operation of the Chemical Weapons Convention (Third Review Conference) on behalf of the Member States of the Non-Aligned Movement (NAM) that are States Parties to the 1993 Chemical Weapons Convention (CWC), including India, and China, the representative of the Islamic Republic of Iran stated:
The existence of weapons of mass destruction continues to pose a threat to international peace and security. The NAM CWC States Parties and China therefore call for the general and complete disarmament under strict and effective verification regime, including the prohibition and elimination of all weapons of mass destruction in line with the first preambular paragraph of the Convention.
The NAM CWC States Parties and China call for the total destruction of all categories of chemical weapons by the possessor States Parties …
It is important that the Third Review Conference call upon the major possessor States to take every necessary measure to ensure the completion of destruction of their chemical weapons stockpiles in the shortest time possible.
We further call upon all the other States Parties that possess old chemical weapons to also complete their destruction of these chemical weapons in the shortest time possible.
… [T]he NAM CWC States Parties and China are fully committed to their obligations under the Convention. We look forward to the elimination of an entire category of weapons of mass destruction in the shortest time possible.
The representative of the Islamic Republic of Iran further stated:
The NAM CWC States Parties and China express their deep concern that chemical weapons may have been used in the Syrian Arab Republic. We underline that the use of chemical weapons by anyone under any circumstances would be reprehensible and completely contrary to the legal norms and standards of the international community.
In 2013, in a statement at the 24th Session of the UN Human Rights Council, the representative of India stated: “India has consistently supported the complete destruction and elimination of chemical weapons worldwide.”
In 2013, in a statement before the First Committee of the UN General Assembly, the permanent representative of India stated:
India attaches high importance to the  Chemical Weapons Convention [CWC] and the Biological Weapons Convention. These two treaties are examples of non-discriminatory treaties in the field of disarmament which could effectively lead to a total elimination of specific type[s] of weapons of mass destruction. India completed the destruction of its chemical weapons stockpiles in 2009 as per its obligations and within the stipulated time frame under the CWC. The recent events in Syria show the importance of the complete destruction and elimination of all chemical weapons stockpiles in the world as soon as possible and that terrorists and non[-]state actors must be prevented from gaining access to these weapons. The use of chemical weapons anywhere and by anyone must be condemned and the international norm against the use of chemical weapons must not be breached. India supports the ongoing efforts of the OPCW [Organisation for the Prohibition of Chemical Weapons] for the expedited destruction and elimination of chemical weapon stockpiles in Syria.