'No Fundamental Right To Bear Arms In India' : Supreme Court Takes Suo Motu Case On Unlicensed Firearms

Terming the trend as "disturbing", a Bench of Justices KM Joseph and BV Nagarathna registered the case while hearing the bail application of a murder accused.

"According to prosecution, an unlicensed firearm was used and offences under Sec 302 along with 307 of the Indian Penal Code was registered. We have come across several cases where this phenomenon of unlicensed arms and this trend is very disturbing".

The Bench also noted that unlike in the United States, no one permitted in India to carry firearms unless authorised.

"Unlike the US constitution where the right to bear arms is a fundamental right, under the wisdom of our founding fathers, no such right has been conferred on anybody under the Constitution....It is the greatest significance to preserve life of all that resort must be made to stop unlicensed fire arms in particular".

If this issue is left freely, then it would be a huge blow to the rule of law, the Bench observed.

The Bench then asked the State of Uttar Pradesh to place an affidavit on record regarding the number of cases registered on the use and possession of unlicensed firearms. And, to list the steps to put an end to this trend.

"We deem it appropriate to ascertain and do whatever may be necessary so that problem of unlicensed arms is firmly dealt with by the authorities. The Respondent state to place an affidavit as to the number of cases registered under Arms Act or any other law enabling it ...on use and possession or any other aspect related to unlicensed firearms. Affidavit shall be placed on record within four weeks by the DGP of Respondent State. Affidavit shall also indicate steps taken by Respondent State to rooting out this evil of unlicensed arms".

During the hearing, Justice KM Joseph remarked

"I am from Kerala. This is unheard of there. There are very few cases are there…Unlicensed arms, we are taking suo motu case. Whatever may happen in this case (bail matter), we are taking it up".

After dictating the order, Justice Joseph said that every other case was related to unlicensed firearms.

Justice BV Nagarathna said, "It's the feudal mindset...using knives and guns".

Click Here To Read/Download Order