Filing a public grievance against MHA order

[spin_drift]

Hi Guys,
I was going through the website of Ministry of Law and Justice and saw this (http://lawmin.nic.in/more.htm):

The drafting of Bills, including the business of the Draftsmen in Select Committees, drafting and promulgation of Ordinances and Regulations; enactment of State Acts as President's Acts whenever required; scrutiny of Statutory Rules and Orders (except notifications under clause (a) of section 3, section 3A and section 3D, of the National Highways Act, 1956 (48 of 1956).

Hence, I am considering filing grievances (http://pgportal.gov.in/Grievance.aspx) with the Legislative Department of the Ministry of Law and Justice against the MHA order pertaining to grant of arms license as a lot members have pointed out that this order is illegal and unconstitutional.

I just wanted your opinion on that and if you think that this step would be prudent or not.

[goodboy_mentor]

I think there is no harm in filing the grievance. In any case you do not stand to loose anything. Write the grievance in a logical and convincing manner that no policy/order can be issued to undermine the fundamental rights/human rights of citizens and/or an Act of Parliament. Make it clear that this policy/order:

1) Is unconstitutional because RKBA is not a question of "threat" or "no threat" as this policy/order is trying to make out, rather RKBA is a Fundamental Right and Human Right under Articles 19 and 21. If this fundamental right is subverted various other fundamental rights also get affected. (you can find the points at http://indiansforguns.com/viewtopic.php ... 15#p117785)

2) Is illegal because it undermines the original objectives of Arms Act 1959 as well as Section 13 of Arms Act 1959 which clearly mandates to the licensing authority to issue a license for smooth bore gun if the applicant is not disqualified under Section 14.

3) Courts have already held that it is citizen's right to obtain an arms license and should not be rejected unless applicant is disqualified as per Section 14 of Arms Act 1959 like involved in heinous crimes etc.(you can refer the following High Court judgments http://indiansforguns.com/viewtopic.php ... 15#p103621 and http://indiansforguns.com/viewtopic.php?f=4&t=13504)

4) This policy/order is closely linked to the proposed amendment to Arms Act 1959. As per answer given by Home Ministry to Starred question no. 227 in Lok Sabha answered on 10.08.2010, Minister of State in the Ministry of Home Affairs has acknowledged that Government has made no assessment, conducted no study regarding the linkages between easy availability of legal/illegal weapons and rise in crime in the country. Therefore it is clear that the proposed amendments to Arms Act 1959 and this related policy/order are merely based on personal conjectures and opinions.

[hornet]

is another harrassment in line?