Orlando and India: Examining the guns law of India

On 12 June 2016, a gruesome act of terror took place in a nightclub in Orlando. Omar Mateen went on a killing rampage by taking fifty lives and leaving dozens injured, using a ‘licensed’ assault rifle. The shooting would be, by far, the deadliest in the past 34 years..Expectedly, the horrific incident has brought back gun laws into the spotlight; one of the longest running (and polarising) debates in the United States. In this background, it may be time to take a look at India’s own gun control legislation..But first, a bit about America..The United States, hosting less than 5% of the world’s population, has approximately 35-50 % of the world’s civilian-owned guns with 88.8 firearms per 100 people (2007 figures). India, on the other hand, has just 4.2 guns per 100 people..In the US, the right to bear arms is enshrined in the country’s Constitution. The federal law i.e. The Gun Control Act 0f 1968 sets the minimum standards for firearm regulation, but individual states are free to have their own laws, some with stricter requirements and others which are relatively lenient..India, on the other hand, has much stricter gun laws and gun ownership is comparatively rare. As discussed in greater detail below, the country’s gun legislation lays down specific guidelines on gun ownership, registration and licensing authorities. The larger question though, is whether there is a direct correlation between “leniency” in gun laws and the number of gun-related crimes..For example, while India may boast of strict gun laws, these laws have never limited the availability of guns to the those inclined to use them. The reasons for this are many, and include porous borders which allow smuggling of arms..The gun laws of India.In India, all matters pertaining to arms and ammunition are governed by the Arms Act, 1959 (Act) and the Arms Rules, 1962 (Rules)..Under Section 3 of the Act, it is compulsory to obtain a license for acquisition and possession of fire arms and ammunition. Section 9 further deals with persons who are prohibited from owning any firearms. Section 13, inter alia, lays down the procedure for grant of such licenses which requires the licensing authority to call for the report of the officer-in-charge of the nearest police station on the application for grant of such license..There are primarily two types of weapons recognised under the Arms and Ammunition Policy for Individuals:.Prohibited Bore: Application for license for these may be made, to the Central Government, by citizens of India facing grave and imminent threat to their lives.Non-Prohibited Bore: Application for license for these may be made to the District Magistrate/State Governments. Some State Governments follow a rather liberal criteria for grant of license..Furthermore, the Act specifies that licenses can only be used within a particular geographical region. The licenses are valid for a period of 3 years, after which a renewal application is to be made..Last year, the Government came out with the ‘Draft Arm Rules, 2015‘ which seek to simplify the licensing procedure, and also open up arms and ammunition manufacture to private players..As per the draft, the number of documents required to be submitted for applying for a license will be reduced from nearly dozen at present to less than a dozen and time period within which police verification is to be conducted will also be defined. Further, it is proposed to raise the license duration to five years from the existing three years..When it comes to the interpretation of these laws, courts in India have taken varying stances. In the case of State of Madhya Pradesh vs. Ayub Khan, the Supreme Court held that that anyone in possession of unlicensed weapons must be sentenced to the minimum punishment as provided for under Section 25 of the Act i.e. 3 years. Way back in 1965, the Punjab & Haryana High Court in the case of CR Thakar Dass v Election Tribunal ruled that sometimes people “resort to keeping fire-arms without license when they feel that their statues in society is not such as would enable them to get a license from the authorities.” It would appear that the Arms Act has remained removed from intense judicial scrutiny..So far..So does India need stricter laws? .The debate on liberalisation of gun laws is a tricky one, with equally valid arguments on either side. In this story written in 2011, Richard Florida examines a number of social, economical and legal factors connected with gun-related deaths. The findings make for some interesting reading. Although Florida says that “tighter gun laws” does affect gun-related deaths, it is not the only factor to keep in mind..This is particularly relevant for a country like India, where most violent crimes involving firearms are committed using illegal guns. .Illegally procured arms is a serious issue; of the 17,488 gun murders that occurred in India from 2010 to 2014, 89% were committed with unlicensed guns, according to the National Crime Records Bureau..Another oft-cited argument in the gun debate is the right to self defence, one that is explicitly mentioned in the Indian Penal Code (S.96).The Supreme Court has too recognised this right on several occasions. In the case of Darshan Singh vs. State of Punjab & Another , the Apex Court noted:.“When there is real apprehension that the aggressor might cause death or grievous hurt, in that event the right of private defence of the defender could even extend to causing of death.……..The basic principle underlying the doctrine of the right of private defence is that when an individual or his property is faced with a danger and immediate aid from the State machinery is not readily available, that individual is entitled to protect himself and his property.”.In fact, the Standing Committee’s Report on the Arms Amendment Bill makes reference to this very fact. The Report notes the submission of one member who says that,.“Law abiding citizens are woefully at the mercy of the inadequate, ill armed and sometimes unhelpful law enforcing agencies.”.The Home Ministry, as can be seen from the report, clearly thought otherwise..“The people of India are empowered to elect their leaders and do not require guns to get their grievances redressed. Therefore, in principle, there is no need for a law abiding citizen to arm himself as police and para-military forces are available to address any security concern.”.It appears that the Standing Committee’s Report eventually did not pick up too much steam and died a quiet death. But with the recent release of the Draft Arm Rules, and incidents such as Orlando, it is time we re-examined the country’s gun laws.. (Image: Source)