It needs to be understood that self defense and right to keep and bear arms are basic human rights. Arms have been acknowledged as fundamental right under Articles 19 and 21 of the Constitution of India. Since rights and duties are two sides of the same coin, there is fundamental duty on part of citizens to be armed and well trained so that they can come to defend themselves and their nation as per Article 51A(d). Article 51A(d) which is other side of Articles 19 and 21 is based on the same doctrine of citizen's militia in the 2nd Amendment in the US Constitution's Bill of Rights.
Also since self defense is a fundamental right under Article 21, Sections 96 to 106 IPC flow from Article 21. Whenever citizen acts as per Sections 96 to 106 IPC and enforces these sections of law, he is acting as a law enforcement machinery in individual capacity. He is doing a great social work by enforcing the law of self defense. Supreme court judgment in this matter Darshan Singh vs State Of Punjab can be read at https://indiankanoon.org/doc/1748156/
Arms Act 1959 is just a regulatory law to regulate the fundamental right to keep and bear arms. Arms Act 1959 is flowing from Articles 19, 21 and 51A(d). It can be ascertained by reading the Objects and Reasons and provisions of Arms Act 1959. I have tried to explain this matter in this thread https://www.lawyersclubindia.com/forum/RKBA-guaranteed-under-Articles-19-and-21-of-Constitution-36011.asp and also will be adding more points to it. Also there have been many favorable High Court judgments in this mater. They can be read here:
1) https://www.lawyersclubindia.com/forum/Allahabad-high-court-says-rkba-part-of-article-21-44153.asp
2) https://www.lawyersclubindia.com/forum/Allahabad-high-court-again-stands-for-rkba--55499.asp
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Originally posted by :arnab banerjee |
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it is the duty of the state to provide weapon to its citizen.
what do you think? |
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I disagree that it is duty of the State to provide arms. On the contrary arms are citizen's fundamental right under Article 19 and 21 and fundamental duty under Article 51A(d) of the Constitution.
In this matter the criminal is the State that is disarming the citizens by artificially inflating the prices of legal firearms so that legal firearms go beyond the means. It is compelling citizens to aquire illegal firearms to defend themselves.
For example the only legal pistol and rifle manufacturer in the country of 1.2 billion people is Indian Ordnance Factory. Thus because of artificially created demand supply gap price of legal pistols and rifles is around one lakh. It is beyond the means of average citizen. Similar firearms of better quality are available in the international arms market at fraction of the cost. Citizens cannot import them because imports have been restricted for almost past 30 years. The import restriction itself is illegal and unconstitutional. On the other hand illegal firearms are available at the fraction of the cost, compelling law abiding citizens to buy illegal arms for their self defense.
NAGRI has done video in this matter and also had made representation to Parliamentary Standing Committee on Home Affairs. The video can be seen here https://www.youtube.com/watch?v=h5B56tmPm3g It may be noted that Parliamentary Standing Committee on Home Affairs made a scathing report against Chidambram and his Ministry of Home Affairs attempting to screw up the Arms Act 1959 further by making more unconstitutional and illegal amendments to it. The observations, conclusions and recommendations of the Parliamentary Standing Committee on Home Affairs report can be read at https://www.lawyersclubindia.com/forum/Report-of-Standing-Committee-of-Parliament-on-Arms-Act-1959-38590.asp The entire report is also available on internet.
