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Open-ended Meeting of Governmental Experts

PoA Implementation Kit





Brokering Control












 
 

India
 

Name : Job Title : Director (Military Affairs)
Entity : Disarmament and International Security Affairs Division Telephone :
Address : Ministry of External Affairs, Government of India, New Delhi- 110011 Mobile : +011-23014902, 011-23018097
Email : dirmildisa@mea.gov.in, jsdisa@mea.gov.in Website :
 
   
 
2016 : English
2014 : English
2012 : English
2010 : English
2008 : English
2007 : English
2005 : English
2003 : English
 
 
2008 - 3rd BMS :
English
2006 - Prep Com for 2006 Review Conference :
English
2006 Review Conference :
English
2011 MGE :
English
2001 Conference :
2003 - 1st BMS :
English
2005 - 2nd BMS :
English
 
     
   
 
     
 
11/07/05 : Views on preventing proliferation of small arms, light weapons heard as meeting to review 2001 programme of action continues.
10/07/03 : Regional Groups, Including from Africa, explore delays in and solutions to implementing Small Arms Action Plan in Biennial Meeting of States.
13/07/05 : Views on preventing proliferation of small arms, light weapons heard as meeting to review 2001 programme of action continues.
13/01/06 : ARMS TRADE IMPACT ON DEVELOPMENT, TRANSFER CONTROLS, BROKERING ADDRESSED,AS PREPARATORY BODY DEBATES KEY ISSUES FOR SMALL ARMS REVIEW CONFERENCE.
11/01/06 : SPEAKERS CALL FOR LEGALLY BINDING INSTRUMENT ON MARKING, TRACING WEAPONS, AS PREPARATORY MEETING FOR SMALL ARMS REVIEW CONFERENCE CONTINUES.
11/01/06 : SPEAKERS CALL FOR LEGALLY BINDING INSTRUMENT ON MARKING, TRACING WEAPONS, AS PREPARATORY MEETING FOR SMALL ARMS REVIEW CONFERENCE CONTINUES.
 
 
     
   

   
 
     
 
   
   
   
   
 
 
     
 
Collection and destruction
  - In Jammu and Kashmir and the north eastern areas alone, the security forces have, since 1990, seized approximately 48,000 weapons of all types, whose markings clearly indicated that these were brought into India through illicit channels from outside the country. This continues to pose a significant challenge to the Government. In the last 3 years alone (2007-09), the number of illicit SALW seized or confiscated by security forces in Jammu and Kashmir and in the north eastern areas was approximately 4,370. (National Report, 2010) - Recovery of 5,157 arms and 341,350 ammunition, seizure of 6,801 firearms (between January and November 2004). (National Report, 2005) - The Government of India, seized of the serious problem posed by illicit SALW, had instructed all the State Government police forces to launch a special drive from April 2001 to unearth illicit and illegal SALW. The Central Government instructed the State governments to undertake another special drive to unearth illicit weapons during 2003. (National Report, 2003)
Research/Capacity building/Seminars-Workshops
  SEMINARS-WORKHOPS - A Workshop on the illicit trade in small arms was organised on April 22, 2003, to review progress, create awareness and provide further impetus to the implementation of the UN POA. (National Report, 2003)
National coordination body
  - In 2002, the Government of India set up an Inter-Ministerial Task Force comprising representatives from the Ministries of External Affairs, Defence and Home and the National Security Council Secretariat. The Task Force, which meets regularly, provides input for policy formulation, research and monitoring of national implementation of the UNPoA. (National Report, 2008)
Border controls
  - Fencing on the Line of Control along the international border in Jammu & Kashmir with ground sensors and flood lights, deployment of Security Forces along the border, etc. to check inflow of arms from across the border. (National Report, 2010)
 
 
     
   
 
     
 
Definition (including closely associated activities and extraterritoriality):
No information has been found
Optional elements for national legislation (registration, record-keeping, licensing, related legislation, jurisdiction, penalties):
No information has been found
Operational information exchange (including a) Cooperation on activities violating UNSC arms embargoes; and b) Cooperation with relevant organizations, e.g. WCO, Interpol, the UN):
No information has been found
Cooperation and measures within a regional Organization:
No information has been found
National needs (Assistance in capacity building):
No information has been found
Notes:
No information has been found
 
 
 
     
Source : National Reports on the Implementation of the PoA, 2010 and 2008
Date : 4/5/2011
National laws, regulations and administrative procedures:
Arms Act 1959
National marking practices:
All small arms produced/ manufactured in India are uniquely marked. This applies to arms that are produced for private/ personal use and those which are used by armed forces, police or para-military forces. The Arms Act (1959) provides (Section 8) that arms which do not bear specified identification marks may not be sold or transferred. Further, under Arms Act (1959), any person found in possession of a weapon without identifications marks would be presumed to have removed/ obliterated the marks unless proven otherwise.

The SALW produced by Indian ordnance factories are marked by stamping/ engraving or laser marking to indicate the type/ nomenclature of the weapon, ‘IN’ for India for country of origin, registration number, manufacturer/ factory of origin and the year of manufacture on one or more of the vital and critical components of a small arm - the body, the chamber, the cylinder, the breech block and the barrel – during the final stages of production.

Private sector manufacturers of firearms are required by law to get every firearm stamped to show: the maker’s name and registered trademark; the serial number of the weapons as entered in his register and the year of stamping; and proof-mark (Arms Rules (1959) Section 25). The parts of the weapons to be marked are also specified under these provisions. In order to implement the international instrument on marking and tracing of SALW, suitable instructions have now been given by the Government of India to the States to ensure that the country of origin ie word ‘IN’ is suitably marked on all arms manufactured by the private sector arms manufacturers.

Marking at the time of import:
If an imported firearm kept for sale by a dealer does not bear the manufacturer’s name, the concerned importer is required to engrave appropriate Identification marks (identifying the importer), as allotted by the Government under these provisions (Section 25, Arms Rules (1962).

India has decided not to import any arms which are not marked to indicate the country of manufacture. Towards this, it is proposed to introduce the following article in the Request for Proposals (RFP) which are issued for import of SALW :-

“In terms of para 8(a) of the International Instrument to enable States to identify and trace in a timely and reliable manner, illicit small arms and light weapons as adopted by the United Nations General Assembly on 8th December 2005, at the time of manufacture of each small arm or light weapon under their jurisdiction or control, the supplier shall ensure unique marking providing the name of the manufacturer, the country of manufacture and serial number or maintain any alternative unique user friendly marking with simple geometry symbols in combination with numeric and alpha numeric code, permitting ready identification by all. The manufacturers will confirm compliance with these provisions."
Marking of SALW in the possession of government armed and security forces:
Measures against the removal or alteration of markings:
Accurate and comprehensive records for all marked SALW within their territory:
All ordnance factories maintain detailed records of small arms manufactured by them along with the information on the concerned dealer/indenter to show receipts, disposal, balance of stock in hand and daily sales of arms and ammunition of different categories.

Private firms and persons authorised to manufacture firearms against license issued under the Arms Rules of 1962 are required to maintain a Gun Manufacturing Register which records information including Serial Numbers and Date, Month and Year of manufacture. They are also required to maintain a Register of Rectification in which the Serial Numbers stamped on guns which are not passed by the Proof House on first submission are to be entered with a cross reference to the Gun Manufacturing Register.

A designated Inspecting Officer inspects these registers regularly. A record of arms sold in the civilian market (non-prohibited bore) is also required to be kept by each arms dealer under Section 26 of the Arms Rules (1962) in a Sale and Transfer Register. These records are regularly checked by the concerned state/ district authorities.

License for possession of prohibited bore weapons may only be issued, under special conditions, by the Ministry of Home Affairs, Government of India, who also maintains a record of all such weapons in possession of civilian population.

Armed forces/ police and para-military forces maintain a permanent record of all weapons in their possession. Allotment of registration numbers for the armed forces/police and para-military forces is done centrally and a record is maintained of these registration numbers along with the indent. This provides for a double check on the records.
Measures taken for undertaking traces and responding to tracing requests:
Operational information exchange:
Needs and request for assistance:
Implementation challenges and opportunities:
Notes:
 
 
     
 
Bilateral
- Considering that the illicit trade in SALW is closely linked with terrorism, illicit drug trafficking, money laundering and other trans-national organised crimes, India has taken bilateral initiatives with a number of countries to put in place arrangements which would help combat the illicit trade in SALW (II.27). The agreements aim at enhancing cooperation in combating organized crime and international terrorism. They provide for exchange of documentation, information and experience on the activities of persons involved in organized crime and terrorism, including, inter-alia, illicit trade in arms, and funding of international terrorism. Most recently, India signed a MoU with Italy on Combating International Terrorism and Transnational Crime (February 2007). India has so far entered into agreement with 25 countries to set-up Joint Working Groups on combating terrorism and transnational crime. (National Report, 2008)

 
 
     
 
Regional seminars, meetings, workshops
- An officer from the Indian Army attended the ASEAN Regional Forum Workshop on SALW at Phnomh Penh, Combodia from 13-14 December 2007 and gave a presentation on stockpile security and reducing surplus small arms and light weapons including ammunition. (National Report, 2008)
Regional projects
- India and the other member states of BIMSTEC (Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation) have established a Joint Working Group to coordinate efforts in areas such as intelligence sharing and capacity building as well as to strengthen joint efforts on counter terrorism and trans-national crime. The Joint Working Group has had three meetings so far with the last meeting having been held in Nay Pyi Taw, Myanmar in January 2007. Similarly, India has a Joint Working Group arrangement with European Union. (National Report, 2008)