Supreme Court wants tougher legislation to prohibit unlicensed weapons

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2 years ago

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In a suo motu case involving the proliferation of unlicensed guns [Rajendra Singh vs State of Uttar Pradesh], the Supreme Court on Thursday ordered responses from all states, union territories, and the Union Home Ministry.

According to the Supreme Court, crime involving illegal guns was most prevalent in the northern states of Uttar Pradesh, Bihar, Punjab, and others. The court made this finding after receiving information from a few states on the frequency of instances involving illegal weapons among states. On April 13, the court issued notices to all states and union territories to investigate violations involving the use of unlicensed firearms, as well as the counter-measures put in place by various administrations and police agencies. According to the bench of justices KM Joseph and BV Nagarathna, illegal arms trafficking was rampant in northern states such as Uttar Pradesh, Bihar, Punjab, and others. Tamil Nadu was the only state where there was no evidence of illegal gun use among those who replied. [1]

“This is becoming a real problem,” the bench told advocate Rajat Nair, who represented the Centre, adding, “The government has to make it a serious offence or else you will invariably see people being booked under the Arms Act.” The use of illegal or unlicensed firearms in the commission of a crime is punishable by a three-year minimum sentence and a seven-year maximum sentence under the Arms Act.

Drawing parallels with the United States, where several examples of people going on shooting sprees in malls and schools have resulted in deaths, the bench said, “Look at how the United States is suffering.” They have a fundamental right to bear arms in that country. It is not here, and we are still suffering; this is a serious matter. [2]

Nair informed the court that a legislative change may necessitate dialogue with states since law and order is a state matter. The bench wanted to know if the extent to which unlicensed guns were used in the northern states was the same in the south and northeast. Senior counsel S Nagamuthu, who is helping the court as amicus curiae, informed the court that this information could only be acquired once all states/UTs responded. [3]

While postponing the case till August 7, the bench observed, “You have to go into the socio-economic reasons why there is demand for such illegal arms.” Nagamuthu committed to undertake a thorough inquiry in this regard, with the help of attorney Anish R Shah. [4]

Written by- Himanshu Mishra, a student at St. Mother Teresa Law Degree College, Lucknow, 2^nd Semester, an intern under Legal Vidhiya.