In this unofficial season of shockers, its hardly been a month and half after Hathras tragedy and another misadventure has fallen in ours bags and caught social media’s attention owing to a viral video of two boys in a failed attempt to kidnap a college going girl and then shootingher point blank in the broad daylight.We all came across this news [Ballabhgarh Nikita Tomar murder case] through one media platform or other, but again, the question is what have we done in addition to calling out in social media for a day or two. Apparently, the answer is quite similar as always, “nothing useful enough”. Some people are labelling it a “love-jihad” issue, while some are referring it as a “law and order” issue. Well, whatever the rub is, if we look closer , it certainly isn’t the only problem with the case. The problem is two-folded and beyond doubt it is a major angle in the case but portrays only one side of the coin and there is another hidden problem which isn’t getting enough attention and addressing that is requisite. The second side of the coin, which is the illegal possession of a dangerous arm weapon. Whenever a gun shooting related crime is committed , the main focus automatically diverts to the fact that one person tries to kill or injure another person and the fact that how come was he able to get hold of the gun to commit such crime in the first place is always side-lined , hence the second side of the coin. Does an ordinary citizen is allowed to posses such weapon according to Indian laws? Are such weapons available in India at anyone’s beck and call? Can anyone nimbly roam around armed, threatening people in our country?
Let us understand the Indian laws related to carrying armed weapons [Gun Laws] : India is the 120th most armed country in the world and already had some of the strictest gun laws in the world. Indian law allows citizens to own and carry guns, but it is not a right enshrined in the constitution. Getting a license for gun is a uphill struggle in India and can Photo reference : 1. shutterstock.com 2. knowyourmeme.com
even take years. An ordinary citizen cannot simply go to any shop and purchase a gun. The stern laws have made it a tough grind for a person to own a gun. Now, in the most ambitious restructuring of arms rules in more than five decades, the government has made the laws even tougher. Prospective gun owners will have to show they have been trained, and they must carry their firearms only in holders and secure them in a “knocked down” condition in gun lockers at home 2. Historical Backdrop: Prior to the Indian First War Of Independence in 1857, there were few gun control laws in India. The Indian Arms Act, 1878 was an act regulating the manufacture, sale, possession, and carry of firearms. In a 1918 recruitment leaflet for World War I, Gandhi voiced disapproval of the act: “Among the many misdeeds of the British rule in India, history will look upon the Act depriving a whole nation of arms as the blackest. If we want the Arms Act to be repealed, if we want to learn the use of arms, here is a golden opportunity. If the middle classes render voluntary help to Government in the hour of its trial, distrustwill disappear, and the ban on possessing arms will be withdrawn.” 3 And in 1959 Arms Act waspassed with new strict rules.Since this it has been amended many times, most recently in 2016 making law even more strict. Current law: The Arms Act, 1959 is an Act of the Parliament of India to consolidate and amend the law relating to arms and ammunition in order to curb illegal weapons and violence stemming from them. The act is divided into 6 chapters. v Chapter I deals with definitions under which: Ø Section 2(c) defines ,“arms” means articles of any description designed or adapted as weapons for offences, or defence, and includes firearms,sharp-edged and other deadly weapons, and parts of, and machinery for manufacturing arms, but does not include articles designed solely for domestic or agricultural uses such as a lathi or an ordinary 2 www.washingtonpost.com/India-had-the-one-of-the-strictest-gun-laws-in-the-world-it-just-got-tighter 3 www.wikipedia.org/Arms_Act_1959
walking stick and weapons incapable of being used otherwise than as toys or of being converted into serviceable weapons; v Chapter II deals with the Acquisition, Possession, Manufacture, Sale, Import, Export, and Transport of Arms and Ammunition. Ø Prohibition of acquisition or possession, or of manufacture or sale, of prohibited arms or ammunition is provided under Section 7 of the act according to which, no person shall acquire, have in his possession ,carry, use, manufacture, sell, transfer, convert, repair, test ,offer for sale or transfer any prohibited arms or ammunition unless he has been specially authorised by the Central Government in thisbehalf. Ø According to Section 9 , acquisition or possession by, or of sale or transfer to young persons and certain other persons of firearms is prohibited. It statesthat, no person,who has not completed the age of 21 years isprohibited from acquiringguns. Different age- limits may be prescribed in relation to different types of firearms. v Chapter III deals with the provisions relating to licenses and how to procure license, rules around grant,refusal, fees for license. No ordinaryIndian citizen can acquire a gun without obtaining a license from the competent licensing authority. · Indian law divides firearm licenses into 2 types: Þ Prohibited Bore (PB) includes fully automatic, semi-automatic firearms and some other specified types can only be issued by central government for some groups of people; Þ Non-Prohibited Bore (NBP) includes remaining types of firearms and may be issued by central and state governments for ordinary citizens. Ø Section13 provides for grant of licences under which an application for the grant of a licence under Chapter II shall be made to the licensing authority and shall be in such form, contain such particulars and be accompanied by such fee, if any, as may be prescribed and after required inquiry the licensing authority by order in writing either grant the licence or refuse to grant the same. Ø Section 14 deals with refusal of licences, according to which licensing authority shall refuse to grant a licencewhere such licenceis required by a person whom the licensing authority has reason to believe— Þ to be prohibited by this Act or by any other law for the time being in force from acquiring, having in his possession or carrying any arms or ammunition, or Þ to be of unsound mind, or
Þ to be for any reason unfit for a licence under this Act Þ or where the licensing authority deems it necessary for the security of the public peace or for public safety to refuse to grant such licence. Ø Section 15 deals with the duration and renewal of licence according to which a licence under section 3 shall, unless revoked earlier, continue in force for a period of 3 years from the date on which it is granted,but that such a licencemay be granted for a shorter period if the person by whom the licence is required so desires or if the licensing authority for reasons to be recorded in writing considers the same. Ø Section 16 deals with the fees for licence and that different fees, different conditions and different forms may be prescribed for different types of licences. Ø According to Section 17 the licensing authority may by order in writing suspend a licence for such period as it thinks fit or revoke a licence. v Chapter V deals with the offences and penalties and explains punishments associated with breaking rules related to this act. Ø According to Section 25, Þ whoever manufactures, sells, transfers, converts, repairs, tests etc. shall be punishable with imprisonment for a term which shall not be less than 3 years but which may extend to 7 years and shall also be liable to fine. Þ whoever acquires, has in his possession or carries 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 5 years,but which may extend to 10 years and shall also be liable to fine. Þ whoever fails to deliver-up a licence when so required by the licensing authority shall be punishable with imprisonment for a term which may extend to 6 months, or with fine of an amount which may extend to 500 rupees, or with both. Alarming statistics relating to gun violence and illegal firearms trafficking in India: Ø According to the National Crime Records Bureau, gun-related deaths increased from 3,063 to 3,655 between 2010 and 2014. But only 14% of the victims in 2014 in India were killed by licensed guns. The rest were killed by illegal weapons, largely prevalent in the hinterlands.4 4 www.washingtonpost.com/India-had-the-one-of-the-strictest-gun-laws-in-the-world-it-just-got-tighter
Ø In more than 90% of homicides committed using guns, illegal firearms are involved. India has more than 71 million firearms, the 2nd highest in the world after the US. But only about 10 million of these are licensed and registered. Which means that despite having one of the strictestgun control laws in the world, around 86% of civilian firearms in the country are illegal.5
Ø It's difficult to put a number on the unlawfully held guns, but a look at the licence status of firearm seizures made in the past gives a clear picture of how prevalent unlicensed guns are. 60% of more than 100,000 firearms seized in India between 2014 and 2015 were found to be unlicensed, with Uttar Pradesh accounting for most of it. Access to illegal guns, especially in the UP-Bihar belt, has become a real problem and this brings the hub of illegal firearms manufacturing closer to the national capital.6
Ø India’s most populous state, Uttar Pradesh (UP), reported the most (46% or 27,850) arrests in 2016, followed by Madhya Pradesh (9,269), Rajasthan (6,840), West Bengal (3,311) and Bihar (2,821). These five states accounted for 82% of all arrests in 2016.7
The Way Ahead:
After studying the statistics one thing is comprehensible that whether legal or illegal, “ the more the guns the more the violence which means the more the deaths”. Another thing which is crystal clear is the strictness of the Gun laws and that acquiring one is not at all an easy job in our country. So, the main problem lies in the illegal trafficking of firearms and easy access to the unlicensed guns. Though many different policiesand strategies have been developed and implemented, still there is a vital need of in-depth analysis and collection of accurate State- wise information relating to illegal arms trade and formulation of a specialteam or say wing to deal with such crimes and make better plans to tackle this serious problem. Also cooperation among States and Government is a vital factor and political instability also somewhere affects such trades , so that needs to be strengthened.
About Author:
Author Name: Aparajita Gupta
Bio: Aparajita Gupta is a final year scholar pursuing a B.A.LL.B degree from BACL [main branch], Nagpur.
She has a keen interest in Psychology and Criminology.
Sapiosexual, Chess Fanatic, Enthusiastic Wordsmith, Backpacker & Melomaniac.