Purpose of Section 42 in Arms Act 1959?
Querist :
Anonymous
(Querist) 14 February 2011
This query is : Open
Dear Experts please give your opinion as to what is the intention of Parliament behind this Section for conducting census of firearms?
Arms Act 1959, Section 42. Power of take census of firearms
(1) The Central Government may, by notification in the Official Gazette, direct a census to be taken of all firearms in any area and empower any officer of Government to take such census.
(2) On the issue of any such notification all persons having in their possession any firearm in that area shall furnish to the officer concerned such information as he may require in relation thereto and shall produce before him such firearms if he so requires.
I have tried to think and find logical/reasonable reasons for the "need" for census of firearms, in my opinion there seem to be either of the two reasons, otherwise there does not seem to be any logical/reasonable reason for this section:
1) Parliament did not want the Licensing Authorities to maintain records of number of licenses issued for security of license holders. For example: In event of War if enemy forces enter the Indian territory, they will not be able to get to know details from records seized from the office of Licensing Authority about arms license holders in an area. In World War 2 it was a common practice for invading armies in Europe to first get hold of arms licensing registers, thereby getting name, address etc. of license holders and disarm them quickly.
2)Since the Right to Keep and Bear Arms is a fundamental right under Articles 19 and 21, Parliament expected that citizens in exercise of their Fundamental Rights, might be keeping firearms without licenses. Hence the "need" for census of firearms.
Otherwise if all the citizens are expected to keep "licensed" firearms only or if records of arms licenses issued are to be maintained by licensing authorities, the question for census of firearms does not arise.
