International Treaties and India's Position on Arms Control (UPSC)
Arms control is about reducing the risks of war and limiting the spread of dangerous weapons. For India, this topic is always a balance between two needs: (1) national security in a tough neighbourhood, and (2) global responsibility to prevent weapons of mass destruction (WMD) from spreading.
Definition Box (Exam-Ready)
Arms Control: Agreements and measures that limit, regulate, or reduce weapons and military capabilities to lower the chance of conflict and accidental escalation.
Disarmament: Reduction or elimination of weapons (example: destroying chemical weapons stockpiles under an international treaty).
Non-Proliferation: Preventing the spread of WMD and their delivery systems to new states and non-state actors.
WMD: Nuclear, chemical, and biological weapons.
Verification: Methods used to check whether countries are following treaty rules (inspections, monitoring systems, reporting, etc.).
Export Control Regimes: Groups of countries that coordinate rules to stop sensitive technologies from helping WMD or advanced weapon programmes (example: MTCR, Wassenaar Arrangement).
Why This Topic Matters for UPSC
- GS Paper 2 (International Relations): India's stand on NPT, CTBT, TPNW, UN platforms, global norms and regimes.
- GS Paper 3 (Security + Science & Tech): WMD threats, terrorism linkages, export controls, strategic technologies, space security.
- Prelims: Treaty/regime objectives, years, headquarters, membership, and India's status (member / signatory / non-party).
- Mains: Answer writing needs a clear "India's approach" section: security concerns + non-discriminatory disarmament + responsible behaviour + export control credibility.
Arms Control: The Big Picture
1) What Arms Control Tries to Achieve
- Reduce risks of war: Especially nuclear escalation and accidental use.
- Stop spread of dangerous weapons: To new states or to terrorists.
- Increase transparency: Reporting, declarations, inspections.
- Build trust: Confidence-building measures (CBMs) like notifications and data sharing.
2) Types of Instruments
- Legally binding treaties: Countries accept legal obligations (example: Chemical Weapons Convention).
- Political commitments / codes: Non-binding, but still important (example: Hague Code of Conduct).
- Export control regimes: Voluntary coordination among suppliers to control sensitive exports (example: MTCR).
- UN Security Council obligations: Binding decisions for all UN members (example: UNSC Resolution 1540 on WMD and non-state actors).
Key Global Platforms and Institutions
- United Nations (UN): UN General Assembly First Committee (disarmament and international security) and UN Office for Disarmament Affairs (UNODA).
- Conference on Disarmament (CD), Geneva: Main multilateral negotiating forum for disarmament treaties; works by consensus, so it often gets stalled.
- IAEA (International Atomic Energy Agency): Safeguards and verification for peaceful nuclear activities.
- OPCW (Organisation for the Prohibition of Chemical Weapons): Implements the Chemical Weapons Convention; inspections and verification.
- CTBTO (Comprehensive Nuclear-Test-Ban Treaty Organization): Supports verification system for CTBT, mainly through global monitoring.
Nuclear Treaties and India's Position
A) NPT (Treaty on the Non-Proliferation of Nuclear Weapons)
What it does: The NPT aims to prevent spread of nuclear weapons, promote peaceful use of nuclear energy, and move toward disarmament. It recognises only five Nuclear Weapon States (those that tested before 1 January 1967).
India's position: India is not a party. India has consistently argued that the NPT is discriminatory because it creates "nuclear haves" and "nuclear have-nots" without a credible and time-bound disarmament path.
B) CTBT (Comprehensive Nuclear-Test-Ban Treaty, 1996)
What it does: CTBT bans all nuclear explosions (for military or peaceful purposes). It has a verification system, but the treaty has not entered into force because specific states must ratify it.
India's position: India has not signed CTBT. India maintains a unilateral and voluntary moratorium on nuclear explosive testing after the 1998 tests.
C) FMCT (Fissile Material Cut-off Treaty) – Proposed
What it tries to do: FMCT is a proposed treaty to stop further production of fissile material (highly enriched uranium and plutonium) for nuclear weapons.
Status: Discussions are mainly in the Conference on Disarmament and have been stalled for years.
India's position: India supports the immediate commencement of negotiations in the CD on a non-discriminatory and verifiable FMCT.
D) TPNW (Treaty on the Prohibition of Nuclear Weapons) – 2017 (Entered into force in 2021)
What it does: It is a nuclear weapons ban treaty. It prohibits development, testing, possession, use, and threat of use of nuclear weapons for its parties.
India's position: India did not participate in the negotiations and is not a party. India has stated that it remains committed to universal, non-discriminatory and verifiable nuclear disarmament, but it does not see the TPNW as creating a practical pathway that includes all relevant states.
E) India's Nuclear Doctrine and "Responsible Nuclear Behaviour"
- Credible Minimum Deterrence: India maintains only the level of nuclear capability that it considers sufficient for deterrence.
- No First Use (NFU): India's official doctrine includes NFU and retaliation in response to a nuclear attack; the 2003 official statement also links nuclear retaliation to major attacks by chemical/biological weapons.
- Civilian political control: Nuclear retaliation is authorised by the civilian political leadership through the Nuclear Command Authority (as per doctrine-related statements).
India and the Global Nuclear Order: NSG Waiver and Membership Debate
A) NSG (Nuclear Suppliers Group) – Export Control Regime (Not a Treaty)
What it does: NSG coordinates export controls to prevent nuclear trade from contributing to nuclear weapons programmes.
2008 Waiver: NSG granted India a waiver on 6 September 2008, enabling India to engage in global civilian nuclear commerce despite being outside the NPT framework.
Membership status: India is not a member; India's application remains under consideration, and the Government continues engagement with NSG members.
Chemical and Biological Weapons Treaties: India's Strong Compliance Track
A) BWC (Biological and Toxin Weapons Convention, 1972; in force 1975)
What it does: It bans development, production, stockpiling, acquisition, retention, transfer, and use of biological and toxin weapons.
India's status: India signed and ratified BWC in 1974.
Important limitation (exam point): BWC has no permanent verification organisation like OPCW. This is why implementation and compliance remain difficult globally.
B) CWC (Chemical Weapons Convention, opened 1993; in force 1997)
What it does: It bans chemical weapons and mandates their destruction under international verification.
Implementation body: OPCW.
India's status: India signed on 14 January 1993 and ratified on 3 September 1996; CWC entered into force for India on 29 April 1997.
Missile and Dual-Use Controls: Export Control Regimes Where India Joined After 2016
A) MTCR (Missile Technology Control Regime)
Focus: Limits proliferation of missiles and unmanned delivery systems capable of delivering WMD.
India's status: India joined MTCR on 27 June 2016.
B) HCoC (Hague Code of Conduct against Ballistic Missile Proliferation)
Nature: Voluntary, legally non-binding code aimed at transparency and confidence-building to reduce ballistic missile proliferation risks.
India's status: India joined/subscribed on 2 June 2016.
C) Wassenaar Arrangement
Focus: Export controls for conventional arms and dual-use goods and technologies.
India's status: India joined on 8 December 2017.
D) Australia Group (AG)
Focus: Controls exports that could contribute to chemical and biological weapons programmes.
India's status: India joined on 19 January 2018.
Conventional Arms and Humanitarian Disarmament: India's Cautious Approach
A) Arms Trade Treaty (ATT)
What it does: ATT regulates international trade in conventional weapons to reduce illicit trade and human suffering.
India's position: India abstained in the UNGA vote when the treaty was adopted in 2013 and is not a signatory. India has raised concerns that such treaties can be unfair if they mainly burden importers while exporters retain dominance.
B) CCW (Convention on Certain Conventional Weapons) and Protocols
What it does: CCW restricts or prohibits weapons that cause excessive injury or have indiscriminate effects (through its protocols).
India's position: India is party to CCW and is linked with Protocol V on explosive remnants of war (ERW).
C) Mine Ban Treaty (Ottawa Treaty) and Cluster Munitions Convention
- Mine Ban Treaty: India is not a party.
- Convention on Cluster Munitions: India is not a party.
Typical reasoning (mains-ready): India highlights security challenges, long land borders, and defence preparedness, while also supporting humanitarian concerns through restraint and engagement in relevant forums.
Outer Space Treaties and Arms Control: India's Stand
A) Outer Space Treaty (1967)
Core idea: Outer space is for peaceful purposes and cannot be claimed by sovereignty. The treaty prohibits placing weapons of mass destruction in orbit or on celestial bodies.
India's status: India is a signatory and ratified the treaty in 1982.
Exam point: Outer Space Treaty mainly prohibits WMD in outer space; it does not ban all conventional weapons in outer space.
B) Rescue Agreement and Liability Convention
- Rescue Agreement (Astronauts): India acceded on 9 July 1979.
- Liability Convention (Damage by Space Objects): India acceded on 9 July 1979.
C) Registration Convention
Purpose: Requires registration of space objects and sharing information with the UN.
India's status: UNOOSA records India as having acceded (noted as 1982 in its registry-related information).
D) PAROS (Prevention of an Arms Race in Outer Space)
India supports substantive consideration of PAROS in the Conference on Disarmament.
India's Domestic Legal Framework for Arms Control and Non-Proliferation
A) WMD Act, 2005
The Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 provides legal controls and penalties to prevent unlawful activities linked to WMD and their delivery systems, including controls on materials, equipment and technologies.
B) WMD Amendment, 2022 (Financing Focus)
The 2022 amendment strengthened the law by adding provisions to prohibit financing of prohibited WMD-related activities and allowing freezing/seizure/attachment of funds and financial assets in such cases.
C) SCOMET List (India's Export Control List)
SCOMET stands for Special Chemicals, Organisms, Materials, Equipment and Technologies. Exports of listed items are regulated through authorisations under India's strategic trade control system.
India's Core Principles on Arms Control (Mains-Ready)
- Universal and non-discriminatory disarmament: India supports disarmament that applies equally to all states and is verifiable.
- Security-first realism: India does not join treaties that it feels weaken its minimum credible deterrence or create unequal obligations.
- Responsible behaviour: India highlights export control compliance, legal frameworks, and global cooperation against WMD terrorism.
- Support for multilateral negotiations: India backs negotiations like FMCT in the CD when framed as non-discriminatory and verifiable.
- Strategic autonomy: India prefers decision-making freedom while still engaging in global norms and regimes.
Prelims-Focused Master Tables
Table 1: Major Arms Control Treaties/Regimes and India's Status
| Instrument | Type | Main Focus | Verification/Body | India's Status | High-Yield Exam Point |
|---|---|---|---|---|---|
| NPT | Treaty | Nuclear non-proliferation + peaceful use + disarmament pillar | IAEA safeguards (for NNWS) | Not a party | India calls it discriminatory; wants universal, time-bound disarmament |
| CTBT (1996) | Treaty (not in force) | Bans nuclear explosions | CTBTO monitoring system | Not signed; voluntary test moratorium since 1998 | Entry into force depends on key states' ratification |
| FMCT (proposed) | Negotiation agenda | Stop future fissile material production for weapons | To be negotiated | Supports CD negotiations | CD consensus rule stalls progress |
| TPNW (2017/2021) | Treaty | Nuclear weapons ban for parties | IAEA/other arrangements for verification | Not a party | India did not participate; prefers universal, verifiable disarmament |
| BWC (1972) | Treaty | Bans biological weapons | No permanent verification body | Party (ratified 1974) | Big weakness: verification gap |
| CWC (1993/1997) | Treaty | Bans chemical weapons; destruction | OPCW | Party (ratified 1996) | OPCW conducts inspections; strong verification model |
| NSG | Export control regime | Controls nuclear trade | Guidelines + national laws | Not a member; has 2008 waiver | 2008 waiver enabled civil nuclear commerce |
| MTCR | Export control regime | Missile delivery systems for WMD | Guidelines + national laws | Member since 27 June 2016 | Boosts India's export control credibility |
| Wassenaar Arrangement | Export control regime | Conventional arms + dual-use goods | Information exchange + control lists | Member since 8 Dec 2017 | Dual-use technology focus is a common Prelims trap |
| Australia Group | Export control regime | Chemical and biological weapons-related exports | Control lists + coordination | Member since 19 Jan 2018 | Often asked with Wassenaar in PYQs |
| HCoC | Political code (non-binding) | Ballistic missile non-proliferation transparency | CBMs + notifications | Subscribed June 2016 | Legally non-binding but important CBM |
UPSC Previous Year Questions (PYQ Boxes)
UPSC Prelims PYQ (2011) – Export Control Regimes
Question: Recently the USA decided to support India's membership in multi-lateral export control regimes called the "Australia Group" and the "Wassenaar Arrangements". What is the difference between them?
Options: (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2
Answer: (d) Neither 1 nor 2
Exam takeaway: Be careful with "informal vs formal under OECD" type statements. Many such statements are designed as traps.
UPSC Prelims PYQ (2016) – OPCW
Question: With reference to 'Organization for the Prohibition of Chemical Weapons (OPCW)', consider the following statements:
1. It is an organization of the European Union in working relation with NATO and WHO.
2. It monitors the chemical industry to prevent new weapons from emerging.
3. It provides assistance and protection to States (Parties) against chemical weapons threats.
Correct Answer: 2 and 3 only
UPSC Prelims PYQ (2020) – IAEA Safeguards
Question: In India, why are some nuclear reactors kept under "IAEA safeguards" while others are not?
Options: (a) Some use uranium and others use thorium (b) Some use imported uranium and others use domestic supplies (c) Some are operated by foreign enterprises and others are operated by domestic enterprises (d) Some are State-owned and others are privately owned
Answer: (b) Some use imported uranium and others use domestic supplies
Mains Answer Writing: Simple Structure You Can Use
Intro (2–3 lines)
- Define arms control in one line.
- Link it to nuclear risks, WMD terrorism, and India's security environment.
Body (4 parts)
- Part 1: Global architecture (UN, CD, IAEA, OPCW, treaties + regimes).
- Part 2: India's participation (BWC, CWC, MTCR, WA, AG, HCoC + legal framework).
- Part 3: India's non-participation and reasons (NPT/CTBT/TPNW/ATT) with the "discriminatory + security needs" logic.
- Part 4: Way forward (strengthen verification, export controls, push universal disarmament, strengthen biosecurity, PAROS norms).
Conclusion (2–3 lines)
- India's stance is "responsible but realistic": disarmament goals + minimum deterrence + strong trade controls.
Way Forward: What India Can Push Internationally (Points for Mains)
- Strengthen verification where gaps exist: especially in biological domain where compliance is hard without strong verification.
- Revive multilateral negotiations: especially verifiable, non-discriminatory FMCT talks in CD.
- Promote responsible technology governance: export controls for dual-use tech, emerging tech, and intangible technology transfer.
- Support space sustainability and restraint: PAROS discussions and norms to reduce debris and escalation risks.
- Keep improving domestic compliance: WMD Act enforcement, SCOMET awareness among industry, and inter-agency coordination.
Prelims MCQs (With Answers)
MCQ 1
Which of the following is/are export control regimes (not treaties)?
1) MTCR 2) Wassenaar Arrangement 3) Australia Group 4) CWC
(a) 1, 2 and 3 only (b) 1 and 4 only (c) 2 and 4 only (d) 1, 2, 3 and 4
Answer: (a) 1, 2 and 3 only
MCQ 2
The implementing body of the Chemical Weapons Convention is:
(a) IAEA (b) OPCW (c) CTBTO (d) UNODA
Answer: (b) OPCW
MCQ 3
India joined the Missile Technology Control Regime (MTCR) in:
(a) 2008 (b) 2016 (c) 2017 (d) 2018
Answer: (b) 2016
MCQ 4
Which treaty has a strong verification system through declared facility inspections, and a dedicated international organisation?
(a) BWC (b) CWC (c) NPT (d) TPNW
Answer: (b) CWC
MCQ 5
The Outer Space Treaty primarily prohibits:
(a) All military activities in outer space
(b) Weapons of mass destruction in outer space/orbit and on celestial bodies
(c) Any satellite launches without UN permission
(d) Use of conventional weapons in all circumstances in outer space
Answer: (b)
References for Further Self-Study (Optional)
- MEA press releases on India joining MTCR, Wassenaar Arrangement, Australia Group, and HCoC.
- OPCW country page for India (CWC signature/ratification details).
- ICRC treaty database for India's BWC status.
- PIB release (January 2003) on India's nuclear doctrine elements.
- PRS summary on WMD (Amendment) Bill, 2022.