INTRODUCTION
Among various threats to mankind, one such vital and vicious weapon to destroy humans is a biological weapon. The use of biological weapons had not been a recent practice. For years together, since time immemorial, poisonous plants and algae, bacteria, and viruses have been used to kill humans. More than artillery and modern warfare equipment, these poisonous plants and biological agents may have a large impact on human beings. Poisonous elements of the plants, viruses, and bacteria shall also be used to spread deadly diseases to the alien countries. Such instances have also been witnessed in our timeline. The effects of biological weapons may pass on to generations and weaken mankind as a whole. There are also branches of biological weapons based on deadliness, the spread of diseases and the easy availability of poisonous plants. Botanical weapons being one of the branches of biological weapons shall be used by any person with easy access to poisonous plants. From rural areas to science labs, these poisonous plants have been tested and used. To curb the unethical use of these poisonous plants and bioterroristic agents, various International Commitments have been executed. In addition to this, various laws have also been enacted by countries across the globe. A better understanding of the above enacted legislative measures and the impact of this Biological Weapon would enable us to brace ourselves towards the future of Biowarfare.
BIOLOGICAL WEAPON
In short, a Biological Weapon is understood as an agent that brings a new disease to mankind. Such diseases are made to affect humans, at times their effect extends to plants and animals also. Bacteria, viruses, rickettsia, fungi and other toxins are the most predominant Biological Weapon agents. [1]The direct use of these agents leads to mass destruction as they are more infectious and poisonous. Biological Weapons concentrate on infrastructural destruction. Rather it is only the human beings, animals and plants that are affected by this biological weapon. It has been always witnessed that biological weapons result in a higher number of deaths in comparison to warfare arms. The Centre for Disease Control and Prevention Board of the United States has found that viral hemorrhagic Fevers such as smallpox, anthrax, plague, botulism and tularemia are the most dangerous lethal biological weapons, causing high death rates.[2]
TYPES OF BOTANICAL WEAPONS AND THEIR IMPACT
Numerous organisms and toxins are forming various types of biological agents based on their genesis. The Centre for Disease Control and Prevention (CDC) of the US Government has classified bioterrorism agents into three categories based on their impact on living beings. Based on the findings of the CDC, it was given that :
- Category A: Bioterrorism agents in Category A are those that are easily transmitted from one person to another. They are contagious. It has a high potential to cause death. It causes public fear and also requires specific actions to be taken regarding An awareness program and medical attention are crucial. Some of the examples of Category A agents are Variola vera, Bacillus anthracis, Yersinia pestis, Francisella tularensis, Marburg virus, Ebola, Lassa and Junin Virus.
- Category B: Bioterrorism agents in Category B are those that tend to spread easily and moderately. The death rates caused by these agents would be low. Its impact extends to moderate illness. Effective medical diagnostic equipment must be employed. Coxiella burnertti, Brucella, Burkholderia mallet, Alphavirus, Ricin, Clostridium perfringens and Stophylococcus aureus.
- Category C: Bioterrorism agents in Category C are those with less impact and are easily curable. Nipahvirus, Hantavirus, Arboviridae, Flavivirus and Mycobacterium tuberculosis are a few such agents in this category.[3]
INSTANCES OF USING BIOLOGICAL WEAPONS AND THEIR EFFECTS
Though the usage of biological weapons had been in the past even before the traces of historical events, few significant points in time witnessed the cruel outbreak of biological weapons. The 12th to 18th centuries witnessed the misuse of toxins using poisoning water wells by Emperor Barbarossa, the mixing of leprosy blood in wine by Spanish to French, the hurling of plague victims bodies by Tartar forces, the distributing smallpox patients’ bedsheets to naive Americans by British, and many other events.[4]
During World War 1, the grounds for biological weapons took strong hold. Germany, being aggrieved by the Allied Armies, passed glander disease to infect the cattle and horses owned by the Allied Armies. Japan was also one such country involved in active testing of Biological Weapons. It was found that more than 3000 humans were killed by their experiments and attacks using biological warfare agents. Bubonic plague, anthrax, typhus, yellow fever. Smallpox, tularemia, Hepatitis, and cholera were a few infectious agents employed by Japanese biologists, mainly headed by the Father of Japanese Biological Weapons, Shiro Ishii. Even during World War II Biological Weapons produced by Japan’s Unit 731 were used to forcefully infect war prisoners and other civilians. Even during the Cold War, the Soviet Union and the United States were in full research spheres towards the development of biological warfare weapons. However, the conventions and treaties signed by world nations led the Cold War to cease.[5]
INTERNATIONAL CONVENTIONS
One of the very first understandings between the countries regarding the non-usage of biological weapons was between Germany and France to not use poisonous bullets in war. In the later part of history, biological weapons were used as a tool for mass destruction to weaken enemy countries. Destruction is not the only solution to showcasing one’s strength. In pursuit of realizing this, the International Organization of the United Nations urged the need for a convention to enforce peace.
The Geneva Protocol of 1925 serves as one of the important steps taken towards the complete curbing of biological weapons. Through this convention, suggestions such as the prevention of poisonous gases in warfare and the spread of bacteriological diseases were submitted.[6] Despite their existence, countries were also involved in the development of biological warfare weapons. As a result of continuous demand for disarmament, the Nuclear Non-Proliferation Treaty was signed in 1968. The Biological and Toxin Weapons Convention of the year 1975 set stringent rules for the production and development of such infectious, fatal weapons.[7] With these conventions in action, there are also laws enacted by countries by their legislature to prevent the unethical use of biological agents and toxic plants.
LAWS IN INDIA
India has always been an active advocate of disarmament. India has also signed the Biological Weapons Convention of 1975 and, in later times, ratified the same. Apart from that, India has also enacted legislation to control biological weapons in India. The Unlawful Activities Prevention Act 1962 provided that any such act involving radioactive substances and nuclear devices against the state shall be deemed unlawful activity amounting to punishment.[8] The Prevention of Terrorism Act 2002, provides that using lethal weapons, poisonous or noxious gases, or any other biological chemical substance that is hazardous, causing loss of life and destruction amounts to a punishable offence.[9] The Weapons of Mass Destruction and Their Delivery Systems Act 2005, provides that no such biological warfare weapons should be manufactured, acquired, developed or transmitted. Any such act would lead heinous offence against the state.[10] Section 19 of the Act provides punishment for offences concerning which no provision has been made. Accordingly, such offences under Section 19 would attract a punishment of imprisonment that extends up to a year, a fine, or both. The ceiling of punishment in Section 19 might probably be misused when undefined grievous offences come under its purview. In such cases, a provision with increased punishment and left to the discretion of the judge is needed.[11] However, Section 20 of the Act dealing with offences by companies lacks a stipulation of a minimum or maximum of years of imprisonment.[12]
CONCLUSION
With the above findings, we could conclude that biological weapons have been always a part of human history. Even before the expansive use of firearms, the use of toxic plants has always played a role. Instances from the Monarchy rule of the 12th century to the Industrial Revolution in the 18th century show the deep-rooted use of biological agents as weapons. More than infrastructural loss caused by the firing of artillery, the loss of life caused by these biological weapons tends to sow the seed of vengeance. In turn, countries used their research and development in the area of biological warfare to equip themselves and also render a catastrophic attack. Time elapsed, and the need for humans to settle with peace demanded the world’s nations drop their biological weapons production. Conventions have helped the world to be a better place to live than in the past. Countries like India enforced new laws to strengthen their non-compilation with biological weapon development. But the near future may show an elevating streak of biological warfare weapons. Thus, it is high time for us to enact much more special laws and build a better world.
Author(s) Name: Gopika PR (The Central Law College, Salem)
References-
[1] Balram Rathish, Roshini Pillay, Arun Wilson, Vijay Vasudev Pillay, ‘Comprehensive Review of Bioterrorism’ (Stear Pearls, 27 March 2023) <https://www.ncbi.nlm.nih.gov/books/NBK570614/ > accessed on 02 July 2024
[2] Barry R. Schneider, ‘Biological Weapon’(Britannica, 17 May 2024) <https://www.britannica.com/technology/biological-weapon>accessed on 2 July 2024
[3] S.J.S Flora, ‘Biological Warfare Agents : History and Modern-day Relevance’ (2020) 01 ScienceDirect 4,6
<https://www.sciencedirect.com/science/article/abs/pii/B9780128120262000013?via%3Dihub> accessed on 03 July 2024
[4] Stefan Riedel, ‘Biological Warfare and Bioterrorism : a Historical Review’ (2004) 17 National Library for Medicine US Government 400-406 <https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1200679/> accessed on 04 July 2024
[5] W. Seth Carus, ‘A Short History of Biological Warfare : From Pre-History to the 21st Century’ (2017) 12 NDU Press 12-27 <https://ndupress.ndu.edu/Portals/68/Documents/occasional/cswmd/CSWMD_OccasionalPaper-12.pdf> accessed on 5 July 2024
[6] Geneva Protocol 1925
[7] Jenni Rissanen, ‘The Biological Weapons Convention’ (NTI, 28 Feb 2003)
<https://www.nti.org/analysis/articles/biological-weapons-convention/> accessed on 8 July 2024
[8] The Unlawful Activities Prevention Act 1962, s 16
[9] Prevention of Terrorism Act 2003, s 3
[10] The Weapons of Mass Destruction and their Delivery Systems Act 2005, s 8
[11] The Weapons of Mass Destruction and their Delivery Systems Act 2005, s 19
[12] He Weapons of Mass Destruction and their Delivery Systems Act 2005, s 20
