The Supreme Court of India recently asked the state governments and union territories to file their responses in the suo motu case it had filed to curb the high number of possession and use of unlicensed guns in the country.
A Bench of Justices KM Joseph and BV Nagarathna was informed that the states of Manipur and Nagaland were yet to be served in the matter. Given this, it asked the Supreme Court Registry take the required steps and directed the matter to be heard next on 7 August, 2023.
The Union Government’s counsel informed the Bench right away that it would require some time to file its response.
Justice Joseph asked the Counsel what steps the Union Government plans to take to reduce the use of illegal firearms.
The Counsel informed the Judge that directions had been requested in this regard. He said that Parliament had already passed legislation in this area. However, he highlighted that because it is a state subject, state governments must ensure that the legislation is followed.
Given the extensive usage of illegal firearms, Justice Joseph suggested that some legislative changes may be required. “It’s becoming a real problem,” he remarked.
The Union Government’s counsel argued that in order to make legislative changes, a bigger consultation would be required.
Justice Joseph proposed that the possession and use of unlicensed firearms be made a more serious offence, or that another policy be created to avoid such an occurrence.
Amicus Curiae Senior Advocate S. Nagamuthu submitted, “The Arms Act has almost become redundant. Some act must be introduced.”
“What is it that you will suggest?” Justice Joseph inquired.
The Amicus replied that he would wait for responses from the state governments and union territories.
The State of Goa’s counsel requested more time to file its affidavit.
“Do you have this phenomenon in Goa?” Justice Joseph inquired.
“It would be difficult for me to say that there are no unlicensed arms,” the Counsel responded.
“But not on the scale that you have in North India…Uttar Pradesh, Bihar, and Punjab,” the Judge reckoned.
A Counsel informed the Court that illegal firearms are manufactured and transported throughout the country. He submitted, “It is not manufactured in a single location. Andhra Pradesh, Tamil Nadu, or Bihar are all possibilities. It is smuggled throughout the country. It is not limited to Bihar and Uttar Pradesh. We have an issue with illicit firearms all around the country.”
According to Justice Nagarathna, in order to reduce the usage of unlicensed firearms, the socioeconomic reasons behind the demand for illicit arms in each state must be investigated.
“You’ll have to look into the socioeconomic reasons why such illegal arms are in demand in each state,” the bench stated.
“For the next generation, you should not have this (possession and use of illegal firearms),” Justice Joseph reasoned.
“Look at the United States. How they are suffering because it is their basic right. We don’t have it, but we’re still suffering…Illegal weapons are often used. Anyone can be shot dead,” he added.
