SUMMARY OF WHAT THE HOME MINISTRY SEEKS TO DOSUMMARY OF WHAT THE HOME MINISTRY SEEKS TO DO THROUGH THE PROPOSED AMENDMENTS TO THE ARMS ACT
1. Negating the constitutional right of every citizen to protect his/ her life and property by denying them the tools to do so
2. Glossing over & trying to divert attention from the ineptitude of the State in combating lawlessness by targeting law abiding citizens who are Arms License Holders/ License Seekers by equating them with common criminals and anti-national elements, in spite of the fact that the statistics published Home Ministry prove that an insignificant number of crimes are committed by Arms License Holders. Overwhelming majority of crime committed using other arms or illegal arms – as criminals & anti-national elements DO NOT bother to apply for Arms Licenses
3. Creating a class of haves & have nots by providing exemptions for VIPs & VVIPs, in effect recognising and institutionalising a class system under the law, which is supposed to apply to all persons equally without fear or favour
4. The Right to Keep & Bear Arms promised to all Indians as a Fundamental Right as per the (All Party) Nehru Report of 1928, as well as by the 1931 Karachi resolution adopted by the Congress. Finally enshrined as a Legal Right as per the Arms Act 1959, which can be ascertained by the objectives of the Act. Proposed amendments seek to completely undermine this right, in effect leaving common citizens at the mercy of all manner of criminals & anti-national elements
5. Hon'able courts have recognised this as a right, by equating the right to keep & bear arms to Article 21 of the Indian Constitution
6. All India Arms License Endorsement to be made almost impossible for the average citizen, in effect curtailing a citizens Fundamental Right to protect life, liberty & property AS WELL as Fundamental Right to freedom of movement
7. Multiple proposals within the proposed amendments will lead to increased harassment of honest law abiding citizens and eventually promote corruption
8. Proposed centralised database of all Arms License holders, nothing but a cleverly veiled attempt at undermining individual State's authority by encroaching on the state subject of Law & Order, AS WELL as treating all Arms Licensees as potential criminals and terrorists, effectively crushing their personal privacy and opening them up to constant harassment & needless government surveillance
9. Completely ignores demands by the public to make arms licensing easier, as considering the current security environment in the country, anyone anywhere can become the victim of random acts of violence or terror. Did the victims of 26/11 in Mumbai have any premonition of what was going to happen? Did they not have a right to be arms and prepared? Could they not have better defended themselves, instead of waiting for security forces that took hours to arrive?
10. Strict licensing for semi-auto rifles & shotguns is a backward looking policy, considering that criminals & anti-national forces have easy & cheap access to fully automatic firearms in the black market and they are NOT lining up to get licenses for the same
11. Arms Licensing process should be made free & fair based on transparent objective criteria and not made stricter, as citizens today face more threats than they did 50 years ago
12. Indians found it easier to procure Arms Licenses as slaves under the British Empire than they do today, it is a national shame that our democratically elected government of the people, by the people and for the people DOES NOT TRUST THE PEOPLE!
I agree with every point that was listed in the post.
1. I disagree that bearing arms is a right. It is fundamental in being free and thus, not a right. Rights should truly negate/curtail freedom. I disagree that a right can be positive because it means that a right is enlarging freedom. There is no enlargement of freedom. Either you have freedom or some or all parts of that freedom are curtailed.
2.Most of the points in the post convey just one thing. Why should the government even license? By licensing one is giving the government the freedom to control the freedom to bear arms. That doesn’t sound right. Then it is no freedom but a privilege to bear arms. The laws should focus on the crime and not control since most of the crimes are done by criminals and anti-national elements. By licensing we are assuming that a critical task is being achieved. But I still don’t know what that critical task is.
Hushang Irani () - 01/13/2010 23:07:00
1.Amendments made to Arms and Ammo Policy recently have nothing new and promising to the law abiding citizens of India. I agree the citations made from your kind self are clearly indicating the Government’s nature of bending the Rules & Laws, where they can be unfeasible to common citizens.
2.Yes!Right to Keep & Bear Arms for citizens has been enshrined. Reforms should be made in Arms Act. Question arises “ARE YOU SAFE?” because no one is safe 21st century.
3.Awareness regarding the Arms and how to use arms in times of terror attacks or the privilege to protect himself(the citizen), should be provide by the government.
4.Government should make take steps to train citizens how to neutralize anti-elements of the state at the time of crisis instead of telling citizens wait for Police or NSG to come.
5.I disagree with above 2nd comment made by Mr.Hushang Irani. Here Licensing Authority is harassing the citizens for getting the Arms License. Restricting citizens from the very fundamental Right to freedom Article 21 in constitution of India “Protection of life and personal liberty.—No person shall be deprived of his life or personal liberty except according to procedure established by law”. Licensing Authority is restricting this Right only to make it available for VIP & VVIPS only .I hope this the answer for your query “Critical Task”.
Kiran Babu () (URL) - 01/21/2010 16:03:00
All the comments made by me in my previous comment are trying to define right. What I was trying to convey is that the constitution and laws of India are flawed. The reason being that a right cannot be a right if government can control the right. If government controls rights then it truly a privelege. Driving on the roads owned by the government is a privilege not a right. Nobody has a right to drive a car on the roads owned by the government. In the same way, nobody has a right to set up his own domicile in the mayor’s house in Bombay or in your house/apartment. That is a right which restricts anothers freedom.
Article 21 in constitution of India as pointed by you “Protection of life and personal liberty.—No person shall be deprived of his life or personal liberty except according to procedure established by law” is thus flawed. Few other questions that arise from this article is one, is article 21 defining a fundamental right? two, what is the definition of deprived these are very vague. Of course, all constitutions are vague. There is no constitution in this world that is not vague (the extent my differ).
Hushang Irani - 01/21/2010 21:51:00
Amazing effort and kudos to Abhijeet for taking the initiative and raising concerns for law abiding citizens who want to have guns for their protection.In 1984 when riots broke out and fundamentalists led by unscrouplous elements were butchering sikhs in and around Delhi,there is a story of a Sikh gentelmen who along with his daughter fought off a crowd of over 200 people who tried to invade his house and kill them.They survived because they had guns unlike the other 5,000 helpless sikhs who could not defend themselves.
param singh () - 06/07/2010 23:31:00
i want gun licence
Arunkumar j s - 07/22/2010 09:41:00
Govt must issue gun license to all passport holders without any further investigations.
Police Officer - 07/22/2010 12:14:00
I suggest NAGRI to first create awareness of itself,by advertising in the national and local news papers not every gunowner knows about it andmany do not have computers so as to reach its website .NAGRI should read from bad experiences of corruption and willful misinterpretation of arms laws that many gun license applicants have undergone and bring about areal transparent ,foolproof NEW gun law
veeveeaar () - 11/07/2010 20:05:00
Govt must free gun import for individuals having valid gun licence. A hand gun worth 30 thousand sell at 10 lacs in open Market in india. It’s rubbish to buy a 500 Gram ofb make gun for one lacs. Even imported guns are available in backward countries. Why we indian only rely on desi guns or buy guns costing more then gold prices. When govt. Talks for international standards why the don’t care to immediate need of all Indians who wish buy a hand gun for self security. Are we Indians are spared to die…...........
Pankaj Verma () - 02/05/2011 23:16:00
I am want arms license from hanumangarh rajasthan can i will achieve it
Desraj kaswan () - 03/20/2012 17:12:00