Supreme Court To Examine Validity Of Exemption Granted To Kodavas & Jumma Land Holders From Obtaining Licenses Under Arms Act To Carry Firearms

The Supreme Court on Tuesday issued notice in a plea against Karnataka High Court's dismissal of a PIL filed challenging validity of Government notification granting an exemption to Kodava community and Jumma tenure holders from requirement of obtaining a license to carry and possess firearms as required under Arms Act.

A Bench comprising Chief Justice of India NV Ramana, Justice Krishna Murari and Justice Hima Kohli issued notice in a special leave petition filed by an ex- Army officer.

The petitioner was represented through Advocate Jayant Mehta, Advocate Anupam Sinha, Advocate Avinash Sharma and Advocate Apoorv Jha.

The exemption referred to has been granted is to "Every of Coorg race (Kodava community)and every Jumma tenure-holder in Coorg".

"The arms or ammunition carried or possessed by any person being Coorg by race and every Jumma tenure holder in Coorg and herein exempted whilst residing or travelling outside the district of Coorg shall not exceed one rifle with 100 rounds of ammunition for the same and one smooth bore breech or muzzle loading gun with 500 cartridges or the equivalent in leaden shot and gunpowder", said the exemption notification issued by the Ministry of Home Affairs on October 29, 2019.

The petition has stated that the class identified as, "Every person of Coorg race" refers to persons belonging to the Kodaga/Kodava caste, which is one of the castes native to Coorg. The class identified as, "every Jumma tenure holder in Coorg' includes persons belonging to various landed agriculturist castes, whose ancestors were ryots possessing a land tenure called ' Jumma'.

According to the petitioner, the said notification creates discrimination based on caste/race and ancestral land tenure, which is violative of Article 14, 15 and 21 of the Constitution of India

The petitioner has argued that the said notification has been issued under Section 41 of the Arms Act, 1959, and any exemption under the said Act can only be granted in public interest. However, no reasoning whatsoever has been mentioned and the notification is also violative of Section 41 of the Arms Act 1959.

The petitioner has submitted that a perusal of the exemption which was provided under the Indian Arms Act, 1878, Schedule 1 of the Indian Arms Rules Manual 1879, Schedule 1 to the Indian Arms Rules, 1909 and Schedule 1 to the Indian Arms Rules, 1924, show that the exemption which was provided to the Jumma tenure holder in Coorg was because of the reason that these people were liable to perform military or police duty.

According to the petitioner, people who live in the same area and have the same culture however have not been granted any exemption as they neither belong to the Coorg community nor do they have now defunct Jumma tenure holding of land.

Further, it has been pointed out that discrimination is not only with respect to the people living in Coorg who have not been granted any exemption but with respect to the remaining citizens of India also.

The petitioner has pointed out that in view of the discrimination caused by the said Exemption Notification, representation was made seeking to withdraw the discriminatory exemption to the Cabinet Secretary, Government of India on June 03, 2014 and when the same was not considered, another representation was made to to the Ministry of Home Affairs, Government of India on September 27, 2014.

The petitioner has argued that the Impugned Judgement of the Karnataka High Court has incorrectly held that the exemption which was granted to the Kodavas was based on the reason that the Britishers considered the Kodavas as martial race of Coorg or because they were gallant people. The documents, however, show that the exemption was granted because of their loyalty to the Britishers

Further, according to the petitioner, the High Court has without applying the test of essential religious/cultural practices has held that possessing guns is an integral part of the cultural and religious practices of the Kodava community.

What the High Court held?

Case Title: Capt Chetan YK vs Union of India

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