Shootout of a singer: Call for ban on guns by media
Posted: Sun Jun 12, 2022 11:24 pm
In the wake of the recent shootout of a Punjabi singer by miscreants, there have been a lot of articles in various media- newspaper, TV debates, social media et al seeking to curtail gun rights and enforce stricter gun laws in India. Herewith my contradictory views on the same-
1. For those who seek stricter licencing, fewer licences and tougher gun laws are unaware of the ground reality in India. Indian gun laws are draconian and a remnant of the colonial past where the colonial rulers wanted to disarm the nation against any possible armed rebellions. Despite there being grounds to apply for an Arms Licence in India- such as Self Protection, Crop Protection and Sports, licences are mostly rejected on a plethora of absurd grounds that the bureaucracy comes up with from time-to-time through distorted interpretation of the Arms Act and Rules.
2. Fewer Licenced Guns are used in gun related crimes in India. That's absolutely right!
Those intending to commit a crime using a gun are not going through the tedious process of getting a licence and also the high probability of conviction using a Fire arm licenced in their name.
3. Guns crimes are predominantly from unlicensed and illegal fire arms that are either smuggled in from porous borders or manufactured illegally.
4. Stopping civilians from owning guns will not stop gun crimes. In fact, it makes it impossible for a law abiding citizen to defend himself in the face of threats, extortion and the like in the absence of a licensed fire arm.
5. The Objects and reasons of the Arms Act, 1959 while trying to regulate gun ownership also recognises the importance of Civilian Marksmen in times of man-animal conflict, external threats to the country and such like.
6. Guns do not kill people, people kill people. Most anti-gun activists forget to factor in the aspect of criminal intent or mens rea as used in the Indian jurisprudence. To blame guns for crimes committed by people is akin to blaming motor vehicles for causing accidents.
What India needs is a more transparent Arms Licencing mechanism for law abiding citizens, better Safety training among Gun owners, proper guidelines to the bureaucracy in dealing with Arms Licence applications and finally higher conviction rate in offenses involving unlicensed/illegal firearms.
Regards,
Praveen S Reddy
Advocate
1. For those who seek stricter licencing, fewer licences and tougher gun laws are unaware of the ground reality in India. Indian gun laws are draconian and a remnant of the colonial past where the colonial rulers wanted to disarm the nation against any possible armed rebellions. Despite there being grounds to apply for an Arms Licence in India- such as Self Protection, Crop Protection and Sports, licences are mostly rejected on a plethora of absurd grounds that the bureaucracy comes up with from time-to-time through distorted interpretation of the Arms Act and Rules.
2. Fewer Licenced Guns are used in gun related crimes in India. That's absolutely right!
Those intending to commit a crime using a gun are not going through the tedious process of getting a licence and also the high probability of conviction using a Fire arm licenced in their name.
3. Guns crimes are predominantly from unlicensed and illegal fire arms that are either smuggled in from porous borders or manufactured illegally.
4. Stopping civilians from owning guns will not stop gun crimes. In fact, it makes it impossible for a law abiding citizen to defend himself in the face of threats, extortion and the like in the absence of a licensed fire arm.
5. The Objects and reasons of the Arms Act, 1959 while trying to regulate gun ownership also recognises the importance of Civilian Marksmen in times of man-animal conflict, external threats to the country and such like.
6. Guns do not kill people, people kill people. Most anti-gun activists forget to factor in the aspect of criminal intent or mens rea as used in the Indian jurisprudence. To blame guns for crimes committed by people is akin to blaming motor vehicles for causing accidents.
What India needs is a more transparent Arms Licencing mechanism for law abiding citizens, better Safety training among Gun owners, proper guidelines to the bureaucracy in dealing with Arms Licence applications and finally higher conviction rate in offenses involving unlicensed/illegal firearms.
Regards,
Praveen S Reddy
Advocate