Public Petition To Supreme Court - Suggestions

[Sourojit]

I believe you will all agree that Arms Laws in our country are too strict.
To make it right I feel,we must keep on filing public petitions till they do it.
What I suggest is we prepare the petition,if there are any lawyers here then they can help with legal terms,and collect signatures from people agreeing to the cause and post scanned copies of them on a IFG Facebook page.Then a committe can gather all those documents and compile them into one solid thing.

A time period of 2months may be set for collecting the signatures,and then the main document needs to be prepared.
I have written 10 points that I feel need to be changed.You may add others if you feel they are appropriate.

What do you think of the idea?

[nagarifle]

waste of time, going to the court, they do not make the law but impose it so to speak, it is the MP in the government who make the law. check out the gun owners of India website.
http://www.gunowners.in/

[nbk3y7k]

Dear Surojit,

Some of the points mentioned by you are quite relevant. I am myself a Arms License holder with 3 weapons endorsed in my license. Please count me in for any such campaign you drive.

[xl_target]

As Naga mentioned, the Supreme Court cannot make law.
The don't teach Civics in schools any more?

[akhilesh171]

As Naga mentioned, the Supreme Court cannot make law.
The don't teach Civics in schools any more?

Actually, the courts can change laws if they infringe fundamental rights.

[nagarifle]

As Naga mentioned, the Supreme Court cannot make law.
The don't teach Civics in schools any more?

Actually, the courts can change laws if they infringe fundamental rights.

what fundamental right would that be?

[Armed Defence]

The Indian penal code gives every citizen the right of private defence agianst a number of crimes. We have this same penal code here in pakistan. Nowadays, when these crimes are mostly committed with firearms, how is a citizen supposed to exercise private defence without having firearms. The current gun laws rob the people of this right of private defence given by the law. Read the relevant sections of Indian penal code, 97 and onwards, here http://www.advocatekhoj.com/library/bar ... de,%201860

Section 97 of the Indian penal code is here

Indian Penal Code, 1860

97. Right of private defense of the body and of property

Every person has a right, subject to the restrictions contained in section 99, to defend-

First- His own body, and the body of any other person, against any offence affecting the human body;

Secondly- The property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass.

[nagarifle]

where does it say right to carry arms, show it in black and white please and in layman's lingo. like every citizen has the right to carry and own arms. or that it is their constitutional rights. in black and white please, without room for ambiguity

[Armed Defence]

@Nagarifle, There is nothing like which you are asking for

[dr.jayakumar]

The court will never stand for gun rights and they have a shady way of avoiding such confrontation from public.
regards
dr.jk

[nagarifle]

rest my case

[akhilesh171]

http://indiankanoon.org/doc/1434833/

It was interpreted by the courts that article 21 implies the right to bear arms. However, the Indian Arms act supercedes article 21 of the constition and therefore it does not matter. As already said in this thread before. The courts can't do much as they are appointed by politicians mainly and the parliament can just pass a retrospective law which makes the courts decision null anyway. Especially since the courts have allowed fundamental rights to be removed.

Though, there is still not harm in filing PIL's. It is still a very important task.

[goodboy_mentor]

Arms Act or any law by Parliament for that matter cannot supersede the Constitution. Besides Article 21, arms are also part of Article 19. Explained this in the post opened by the following link http://indiansforguns.com/viewtopic.php ... 67#p220067

Yes it is another matter that Indian courts have failed to recognize this truth. And justice is nothing but truth in action.

[crashandrise]

Any updates? And, is anyone from IFG lobbying for the cause?

[nagarifle]

no one will back a lost cause, its lost even before it is started. if one wants to lobby try the local MPs [maybe with a mp5 in hand]