The Supreme Court, concerned with the menace of unlicensed arms and ammunition, has ordered the constitution of a committee headed by the Chief Secretary in each state and Union Territory to formulate an action plan for the implementation of the Arms Act and Rules. In its Order, the Court notes that despite the existence of laws and rules, there is a proliferation of factories and workshops manufacturing unlicensed arms and ammunition and the use of such weapons to commit crimes is on the rise.
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NEW DELHI: The Supreme Court of India mandated the formation of a dedicated committee led by the Chief Secretary in each state and Union Territory. The objective is to create a robust action plan that ensures strict enforcement of the Arms Act and related Rules.
This directive from the Court emphasizes the need for immediate and comprehensive action against the widespread manufacture and usage of unlicensed arms.
Highlighting the urgency, the Supreme Court acknowledged that while legal frameworks exist,
“there is a proliferation of factories and workshops manufacturing unlicensed arms and ammunition,”
which has led to an alarming increase in crimes involving these weapons.
A bench comprising Justice B.V. Nagarathna and Justice Pankaj Mithal stated,
“Apart from local production, smuggling of arms and ammunition used for crime against society and the State is another matter of concern. We find that there is a lackadaisical approach in the implementation of the existing provisions of the Act and the Rules.”
Key Roles and Responsibilities of the Committee
The court-appointed committees will focus on creating a viable plan for the effective implementation of the Arms Act and related rules. Senior Advocate S. Nagamuthu, serving as amicus curiae, provided key insights in the matter.
The committees will be responsible for inspecting and auditing licensed and unlicensed factories involved in arms and ammunition. Their tasks will also involve collecting data on the manufacture, sale, and movement of illegal arms and ammunition while detailing the measures undertaken to curb this activity.
Moreover, the Court ordered a comprehensive study on the usage of illegal arms in crimes against society and the state, with a focus on preventive measures. The directive empowers the committees to explore any relevant aspects to address the growing issue. The action plan is expected to be submitted within ten weeks from the issuance of this order.
Structure and Purpose of the State Committees
The five-member committee, led by the Chief Secretary, includes the Home Secretary, Director General or Inspector General of Police, Law Secretary, and an expert in ballistics nominated by the Chief Secretary. These guidelines were issued while the Court was hearing a Miscellaneous Application in a Special Leave Petition (SLP).
In February 2023, during an SLP hearing for one Rajendra Singh, the Court had taken suo motu cognizance of the increasing use of unlicensed firearms, after it was revealed that an unlicensed weapon had been used in a murder.
The Court’s remarks emphasized the sanctity of life, declaring that safeguarding lives “is of the greatest significance” and that if unlicensed firearms proliferate, “this will sound the death knell of (the) rule of law.”
The Court has directed the Union Government to submit an affidavit detailing the number of cases involving unlicensed firearms and the steps taken to address this escalating issue.
Union Government and State Responses
In April 2023, the Court issued notices to the Union Government, states, and Union Territories, expressing concern that unlicensed firearms
“appear to be very common as can be seen when the Court hears through criminal cases. It has very serious consequences both in terms of the right to life as also the administration of justice.”
The Court ordered that affidavits be submitted by the Director Generals of Police, including statistics and the measures taken to counteract the proliferation of unlicensed firearms.
In response, the Union Government affirmed that the Arms Act and the Arms Rules of 2016 contain provisions to “curb illegal weapons and violence” and that these laws were “suitably amended” to enhance penalties and broaden definitions of relevant terms.
The affidavit further stated that the National Investigation Agency (NIA) is “taking active investigation and action against illegal arms,” while clarifying that law enforcement primarily falls under state jurisdiction, placing the onus of enforcement on individual states and Union Territories.
Grave Concerns Over Illegal Arms
Senior Advocate Nagamuthu, acting as amicus curiae, expressed concerns about communities plagued by an influx of illegal arms and ammunition, where residents live under perpetual fear.
“The crimes involving such arms is on the rise,”
-he noted, adding that data reveal crimes with unlicensed weapons are
“phenomenally on increase and it is slowly slipping out of control.”
It was this stark reality that drove the Court to initiate suo motu proceedings.
To provide clarity on the complex landscape of arms, Nagamuthu categorized arms and ammunition into four distinct groups:
- Licensed Arms for Civilian Use: These are regulated for purposes like self-defense under the Arms Act, Explosives Act, and Explosive Substances Act.
- Misused Licensed Arms: Licensed arms, though legal, are sometimes used in crimes, violating established regulatory laws.
- Smuggled Arms: Weapons illegally brought into India and possessed by anti-social elements or extremist groups, flouting any legal provisions.
- Unlicensed Domestic Arms: These are illegally manufactured within India without any formal approval and often held by anti-social and extremist groups, posing a significant threat.
The amicus curiae stressed the need for stricter enforcement of laws around the first two categories to prevent licensed arms from being misused in criminal activities.
However, he highlighted the third and fourth categories as the most significant threats to public safety and security, underscoring the need for their complete eradication.
Next Steps and Court’s Expectations
The Supreme Court expressed confidence that the newly formed committees would expedite their tasks and submit action plans promptly, with the matter scheduled for further hearing on January 30, 2025.
The Court’s sustained attention on this issue reinforces the seriousness with which it views the threat posed by unlicensed firearms and its commitment to preserving the rule of law and public safety.
Click Here to Read Previous Reports on Unlicensed Arms
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