The Indian government’s stance on the forthcoming Arms Trade Treaty leaves us somewhat uncertain. The first discordant note from India had come in 2006 when it abstained from voting on this resolution 61/89 along with a motley group of 24 nations when 153 nations had voted for the resolution.

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Its antipathy towards the treaty processes was clearly manifested subsequently. In February 2012, the Indian delegate reminded the chairman of the Preparatory Committee  that as stated in resolution 61/89, the treaty document should be progressed in an open and transparent manner and on the basis of consensus. This has been seen as declining confidence in the proceedings.

Mind you, many Indian misgivings are in sync with the country’s security woes in which illicit transfer of weapons remains the focal syndrome. What continues to disturb the Indian establishment is not recognising the non-state actor as the likely recipient of illicit arms. In the Indian experience, this is crucial to its interests; and also a valid global anxiety worth fighting for. Similarly, including technology transfer and manufacture under licence in the document would have no meaningful objective as they do not impinge in the basic theme.

On the other hand, the Indian position on sticking to the antiquated UN Conventional Arms register yardsticks evades reality. This does not consider new weapon systems developed since then and consequently there are some glaring omissions which need to seriously looked at by the Indian foreign office.

Military unmanned aerial vehicles (MUAVs) are one such genre of weapons which  have taken application of military power to a different level. There is a burgeoning arms market and arms manufacturers from China (PRC) are feverishly pedaling mass-produced products to the under-developed countries to whom western products would be difficult to procure. There is rapid advancement in this technology and we are coming to a pass that a micro air vehicle may be produced for as less as a few thousand dollars and weigh less than one pound. The fear is that non-state actors would engage manufacturers though an illicit market. We must, therefore, bring these into the ambit of the ATT.

The omission of anti personnel mines from the list is alarming. The belief that these may be contained in some other generic grouping is misplaced. The current description of  small arms and light weapons (SALW), seen separately or in any form, does not include  them. And worse, even in the most vague definition of SALW given by the UN, mines do not feature. Therefore, there is a potent case for specially mentioning mines as a grouping. States should have no objection at all because the premise of the ATT is to merely identify and bring all weapons in its ambit and with only an intent to list them.  The Indian position on this score is positive with the successful Indian endeavour of using only detectable devices and of its principled stand of refraining from the use of anti personnel mines.

Lastly, leaving Improvised Explosive Devices (IEDs) to conjecture is dangerous. They need to be clearly spelt out. The issue is that IEDs, specially triggered by a distant source as against the ones which explode on contact, have never been included in any global protocol. India’s own experiences at home are extremely material in this realm and a way needs to be found for their inclusion.

Similarly, the prospects of space vehicles being equipped with derivatives of current conventional weapon systems must be noted because the “Outer Space Treaty of 1967”  does not prohibit space-faring nations from placing conventional weapons in the orbit.  

In the conclusion, to disregard a treaty process because it refrains from certain elements of our policy formulation would be escapist. What needs to be recalled is that ‘all so called control measures’ in the past despite being half way, had undoubtedly succeeded in regulating the proliferation of weapon systems. India, therefore, must actively pursue the treaty process. 

The author had pioneered studies on the proliferation of SALW and their impact on societies.