Originally posted by :L. Raghunandan
Hey Theja...I think Human Right followers have assocaited human right with criminals only and no sympathy towards victims. Where are they when a victim doesn't get justice, Is it not each one duty to avoid crimes? Why they shout Human Right violation when criminal deserves capital punishment?
Absolutely correct. Let us not forget the fact that criminals do not go by what is written in the law books. They go by the oppurtunity to commit crime. Unarmed victim is a best oppurtunity for them. The Right to Keep and Bear Arms is also a human right. This is where the problem is. The improper implementation of Arms Act helps in keeping the law abiding unarmed. No matter what the law says, criminals by their very nature of business will always keep themselves armed. Victims are rarely armed to defend themselves. It is of no consolation to victims of crime whether they have been assualted by so called illegal weapons. Hence the problem or the solution is not death sentence. In order to understand in detail please read these:
A perusal of the Introduction to and the Statement of Objects and Reasons of the Act would indicate that the Indian Arms Act, 1878, which preceded the present Act, was enacted by the British with a view to disarm the entire nation. The said Act was repealed by the Arms Act, 1959. Under the repealed Act, even the swords, daggers, spears, spear-heads, bow and arrows were declared as ‘arms’. Even after independence, the law declaring the said weapons as ‘arms’ was allowed to 1) 1993 Allahabad 291. continue unaltered on the Statute Book. Post-independence, the law makers felt that the rigours of the Indian Arms Act, 1878 and the Rules made thereunder continued to make it difficult for law abiding citizens to possess firearms for selfdefence; whereas terrorists, dacoit-gangs and other anti-social or anti-national elements were using not only civilian weapons but also bombs, hand-grenades, Bren-guns, Sten-guns, 303 bore service rifles and revolvers of military type for perpetrating heinous crimes against society and the State. The Indian Arms (Amendment) Bill (No.49 of 1953) was introduced in the Lok Sabha on 27-11-1953, which was discussed in the House on 26-3-1954 and circulated for public opinion. After receiving the opinions from all the State Governments, legal luminaries, Bar Associations, Judges, Collectors, Senior Police Officers and Local Bodies of their respective States, the Bill was introduced with the following objects:-
“(a) to exclude knives, spears, bows and arrows and the like from the definition of ‘arms’.
(b) to classify firearms and other prohibited weapons so as to ensure –
(i) (i) that dangerous weapons of military patterns are not available to civilians, particularly anti-social elements;
(ii) (ii) that weapons for self-defence are available for all citizens under license unless their antecedents or propensities do not entitle them for the privilege; and
(iii)(iii) that firearms required for training purposes and ordinary civilian use are made more easily available on permits;
(c) to co-ordinate the rights of the citizen with the necessity of maintaining law and order and avoiding fifth-column activities in the country;
(d) to recognize the right of the State to requisition the services of every citizen in national emergencies. The licensees and permit holders for firearms, shikaris, target shooters and rifle-men in general (in appropriate age groups) will be of great service to the country in emergencies,
The problem is that we have lost sight of the fact RKBA is a natural, human and fundamental right guaranteed by our Constitution, also we have lost sight of the objectives and reasons of Arms Act 1959. Arms Act 1959 was passed NOT to curb or restrict gun ownership from citizens but to co-ordinate their rights. It can be ascertained from the objective (c) highlighted in yellow above. These rights being co-ordinated by Arms Act 1959 are nothing but the rights of fundamental rights of Self Defense and RKBA.