Please suggest a remedy for this?
Querist :
Anonymous
(Querist) 13 December 2010
This query is : Resolved
Just like the details of criminals are published so that entire world knows them, government wants entire world to know your details if you have legal firearms! As per government these details are not at all sensitive and the legal firearm owners have no Right to Privacy. Please visit http://sikar.nic.in/ and click on the hyper link that says "THANAWISE ARMS DETAILS" you will get the license application number, license holder name, his father's name, address, type of firearm, quantity of firearms, firearm number, licensing authority, area validity, date of issue/date of expiry of licenses of all legal arms holders in the area of every police station in district!
This information will be advantageous to the bad guys both ways.
Scenario 1 is where the bad guys know who the license holders are and what weapons they have. So they will avoid these people and target the softer targets whose name does not feature in the licensed arms database available online. (They know for sure who is armed and who is not armed)
Scenario 2 is where the bad guys will again know who the arms holders are and what weapons they possess. So they will arm themselves much better and plan their attack better if they are going after the person with a licensed weapon if the loot is substantial.
Please suggest a remedy for this? Which Rights and laws are getting violated by this?
Raj Kumar Makkad
(Expert) 13 December 2010
I think, you have ended the discussion by calling those policy makers as 'idiots'. Who knows who is really idiot if we make comment without going through the aim and object of the policy under discussion.
bad guys need no information of arms. If they find any soft target, they execute their plan. Firearms are no guarantee of safety and security. Had it been then why Indira Gandhi would have been assassinated? No policy for the record/safety and security can be framed keeping in view the 'role' of the 'bad guys' rather general public has got right to know who possesses such firearms and further that those are not misused by its license-holder or that who is authorized to keep those weapons and within which area so that 'bad guys' may not misuse those licensed firearms for their own use.
Querist :
Anonymous
(Querist) 13 December 2010
Sir I am sorry if you felt offended. I did not mean to say what you understood, I have mentioned "It looks like" i.e. it seemed to my perceptions at the time of writing. I have now removed that sentence in interest of this discussion the moment I became aware of its potential to cause misunderstanding. Anyways I appreciate your comment "Who knows who is really idiot..............................."
I would like to disagree with your opinion that bad guys do not need any information of arms. Many criminals indeed do well plan by doing profit/loss analysis and gather information about various aspects of the potential targets in advance. Now these are the things antisocial elements can do and at the price of 1 hour internet:
1) SEE if the target(for tonight)is armed or not!
2) ARM himself for tomorrows attack by breaking into the house, of nearest guy in this list tonight. Please note this kind of list is getting available not only to local gangs but also to gangs operating at national and international level. Even countries spy on other countries to know about the arms possessed by their opponents. State should think about having a website similar to this, for people who BREAK the law by scams, frauds and crimes by thana, taluka wise!!! NOT license holders who FOLLOW the law.
As far your assertion that "Firearms are no guarantee of safety and security." Even knowing this VIPs keep themselves ever surrounded by well armed guards. You are correct only to an extent but lack of firearms is even bigger sure shot for lack of safety. Or are you contending that entire armed security machinery of state and of citizens is useless and both should be disarmed since as per you "Firearms are no guarantee of safety and security."?
As far your Indira Gandhi's example it is out of context since it had more to do with political reasons behind it than the presence or the lack of firearms. Similarly was the case of Rajiv Gandhi's assassination. It would be more appropriate to cite the example of Parliament attack by terrorists in 2001 where they were neutralized by security guards armed with firearms in a matter of minutes before they could do any harm to our Hon'ble MPs. And exactly the opposite to this happened during 26/11 when non of the victims(our "ordinary" citizens) was armed to defend themselves. Probably they also believed in your philosophy "Firearms are no guarantee of safety and security." that left hundreds dead and injured and, the dance of death continued for around 3 days.
I also find that you have said "public has got right to know who possesses such firearms" Are you contending that citizens who are following the due process of law to posses firearms are to be equated with criminals? It is an affront to law abiding citizens because by keeping legal firearms they have already made the state aware that they are law abiding citizens. Otherwise there is no reasonable reason for the public to "know" who has followed the due process of law for possessing legal firearms.
About the question of possible misuse, arms licenses are issued after police inquiry following the due process of law. One naxalite leader was quoted as saying more than 90% of firearms are looted, stolen, pilfered from police. Since police is the biggest source of firearms, are you suggesting to put all details of firearms held by each and every policeman be put on a public website? Most importantly the misuse of anything can be done by anybody with a criminal intent. Even cooking gas cylinders were reported in media, to have been used by terrorist organizations in Middle East to cause massive explosions. Sharing of confidential and sensitive information is not going to change the criminal intent.
But anyways, let us not drift to mere arguments, I would like to keep discussion to points of law. The rights of citizens and the state are equal before our Constitution. Is the state putting all the details of its quantity, type, place of storage of arms etc. publicly on a website for the entire world to read? No. Then why violate the same rights of law abiding citizens which flow from same part of the Constitution? As a legal person, which rights of licensed arms holders and laws do think have been violated? If I am a licensed firearm holder, I would consider this information being shared publicly by state as my private and sensitive information in interest of my security, just like the state considers its similar information private and sensitive in interest of security of the state.
One of the objectives of Arms Act says:
"(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;"
Which "rights of the citizen" the above objective is talking about? Also by sharing of this information naxalites, anti national elements, all manner of criminal elements etc. have come to know the details which they should not NEVER be knowing about the law abiding citizens.
Also another objective of Arms Act says:
"(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, if the Government can properly mobilize and utilize them".
Which "right of the State" the above objective is talking about? Also by sharing of this information, elements across the border are able to know the quantity and other details of armed citizenry(which they should NEVER know) that can be used for additional defense of nation in advance. Also when your opponents know your strengths (arms and ammo kept in your house) they will prepare much better and will surely defeat you. The Art of War stresses upon the element of surprise. "In any battle the element of surprise can provide an overwhelming advantage. Even when face to face with an enemy, surprise can still be employed by attacking where he least expects it. To do this you must create an expectation in the enemy's mind through the use of a feint."
