Exemption Granted To Kodavas & Jumma Land Holders From Obtaining Firearms Licenses Under Arms Act Constitutionally Valid: Karnataka High Court

The Karnataka High Court on Wednesday upheld the constitutional validity of the notification issued by the Union Ministry of Home Affairs granting exemption to every person of Coorg by race, and Jumma tenure landholders in Coorg (Kodagu district), from the requirement to obtain a license to carry and possess firearms. A division bench of Acting Chief Justice Satish Chandra Sharma and Justice Sachin Shankar Magadum said, "The Kodava community which is a martial community is enjoying the benefit of exemption since pre-independence and Jumma tenure holders are enjoying the exemption since pre-independence period. They have rightly been granted exemption for a period of ten years, it is not the case they have been granted exemption indefinitely. Exemption granted is subject to certain terms and conditions. Therefore, the Constitutional validity of the notification is upheld in the petition." Further, it said, "Exemption provided to the persons of Coorg race and Jumma tenure holder under section 41 of the Arms Act, satisfies the test of reasonable classification under Article 14, of the Constitution of India and the question of questioning the notification dated October 29, 2019, does not arise." The bench also noted that, "In the instant case, the documents on record reflect that Kodavas race have been considered to be a martial race from as early as 1890, and they are enjoying exemption since then." It added, "We have taken in view the statement of objects and reasons of the Arms Act, the weapons are made available to people for self-defence, unless their antecedent doesn't entitle them for keeping such weapons. Hence the question of interference does not arise." Advocate B V Viyulatha appearing for the petitioner, Capt Chethan Y K (Retd), had argued that the notification of the Central Government granting exemption lacks public interest: "Being a Coorg by race or holding jumma tenure, cannot be in the public interest for the Central government to exercise its powers and grant exemption. What prevents them (Kodavas) from obtaining a license under Sections 3 and 4 of the Arms act?" The petitioner referred to Article 14 of the Constitution of India and submitted that, "By giving such an exemption they are promoting caste and class, when there are 12 to 13 more other races, who practice the same religion and customs and they are in Coorg, but they are not granted exemptions. Even other than Coorg, the whole of India, is taking license under the Arms Act, why only this particular race is given the exemption, there is no public interest forthcoming." She added the exemption is not based on a geographical distinction, but it is by class. It was also said that Section 41 of the Act gives power to the Central government to grant exemption only if there is a public interest, that criteria is not forthcoming in the present case. A custom followed by a race or community, cannot be a basis for granting exemption, it was urged. Further, it was contended that "There is no application of mind. There is an arbitrary exercise of power by the Central Government by which it has created a class distinction among people living in Coorg and outside. There is not an iota of public interest for granting exemption on the basis of a person belonging to Coorg by race or by holding Jumma tenure land." She concluded by saying, "The petitioner does not want exemption for himself, in fact, he wants the caste system to be abolished and not promoted in this way." Additional Solicitor General M B Nargund appearing for the Union of India opposed the petition on grounds of maintainability and said, "There is no Fundamental right of the petitioner that is affected." It was added, "What can be gathered from the arguments that if you have given them an exemption (Kodavas), then why not to me." Nargund also submitted that Kodavas are a special tribe, they have got different characteristics. They don't have classes, the caste system is not available in this particular tribe. What the Kodavas worship are Cauvery Mata (River Cauvery), Arms and they do one pooja. They don't have priestly classes also among them. It was also submitted that the notification of October 29, 2019, was issued after the review of the Notification of the year 1963 as directed by the High Court. The review was done taking into consideration observations of various stakeholders, Home Department, Government of Karnataka, offices of Deputy commissioner and District Magistrate, Kodagu district and a report submitted by the local police authority and exemptions were granted. "The notification is valid for a period of ten years and issued after due deliberation and informed opinion." Referring to the notification it was contended that, "Lot of precautions are taken and safeguards are put in place in the notification as regards number of weapons to be held and its specification ...

Exemption Granted To Kodavas & Jumma Land Holders From Obtaining Firearms Licenses Under Arms Act Constitutionally Valid: Karnataka High Court

Mustafa Plumber

"In the instant case, the documents on record reflect that Kodavas have been considered to be a marshal race from as early as 1890, and they are enjoying exemption since then."

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