Supreme Court of India Takes Firm Stand on Unlicensed Firearms, Seeks Solutions to Address Widespread Issue

On Tuesday, the Supreme Court of India heard the suo motu case registered by it to curb the large number of possession and use of unlicensed firearms in the country. 

A Bench comprising Justice KM Joseph and Justice BV Nagarathna was informed that States of Manipur and Nagaland are yet to be served in the matter. The Court directed the Supreme Court Registry to take necessary steps, and asked the matter to be next listed on 7th August 2023.

The Counsel appearing for the Union Government apprised the Bench that it would need some time to file its response. 

Justice Joseph asked what the Union Government intends to do in order to curb the use of illegal firearms. The Counsel told the Judge that instructions have been sought in this regard, and that Parliament had already passed a law in this regard. However, he added that since it is a State subject, the State Governments are to ensure that the law is complied with.

Justice Joseph indicated that some legislative change might be required considering the widespread use of illegal firearms, saying “It is becoming a real problem.” The Counsel appearing for the Union Government submitted that in order to make legislative change, a larger consultation would be required. 

Justice Joseph suggested that the offence of possession and use of unlicensed firearms can be made a more serious offence, or some other policy can be devised in order to prevent such a phenomenon.

Senior Advocate S. Nagamuthu, Amicus Curiae, submitted “Arms Act has almost become redundant. Some act has to be brought in.” To this, Justice Joseph asked what he would suggest. The Amicus responded that he would await the response of the State Governments and the Union Territories.

The Counsel appearing for the State of Goa sought some time to file its affidavit. Justice Joseph enquired if Goa has the same phenomenon. To this, the Counsel responded that it would be difficult for him to say that there are no unlicensed arms. The Judge reckoned “But not on the scale that you have in North India…Bihar, Uttar Pradesh, Punjab.”

The Counsel apprised the Bench that the illegal firearms are manufactured and smuggled across the country. He submitted “It is not that it is manufactured in one place. It can be Andhra Pradesh, Tamil Nadu, Bihar. It is smuggled across the country. It is not that it is only in Bihar and Uttar Pradesh. We have a problem of illegal firearms throughout the country.”

Justice Nagarathna stated that in order to curb use of unlicensed firearms, socio-economic reasons for the demand of the illegal arms in each State has to be gone into. Justice Joseph reckoned “For the next generation you should not have this” (possession and use of illegal firearms). He added “Look at the US. How they are suffering because it is in their fundamental right. We don’t have it but still we are suffering…There is rampant use of illegal arms. Anyone can be shot dead.”

The Supreme Court of India has taken a strong stance on the issue of possession and use of unlicensed firearms and is committed to finding a solution to this problem. The Court has asked the State Governments and Union Territories to file their response in the Suo motu case and is considering legislative change or other policy measures to address this issue. The Court has also asked for a deeper look into the socio-economic reasons for the demand of illegal arms in each State. It is clear that the Court is determined to find a solution to this problem and will continue to take steps to ensure the safety of citizens in India.(alert-success)