SC notice to Centre on plea against exemption of Arms licence to Kodava, Jumma tenure holders

The Supreme Court on Tuesday sought a response from the Centre and others on a plea against a government notification allowing an exemption to Kodava community and Jumma tenure holders from obtaining a licence to carry and possess firearms as per the Arms Act.

A bench of Chief Justice N V Ramana and Justices Krishna Murari and Hima Kohli issued notice to the Union government and others on the petition against the Karnataka High Court's judgement which had dismissed a PIL by Capt Chetan Y K.

The petitioner questioned the validity of the exemption notification issued by the Ministry of Home Affairs on October 29, 2019.

The notification stated, "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".

The petitioner contended the notification created discrimination based on caste and race and ancestral land tenure. It is also violative of Article 14, 15 and 21 of the Constitution.

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 people who lived in the same area, having the same culture, however, have not been granted any exemption as they neither belonged to the Coorg community nor did they possess now defunct Jumma tenure holding of land, the plea contended.

The High Court had upheld the constitutional validity of the notification.

It had noted, "The Kodava community which is a martiall community is enjoying the benefit of exemption since pre-independence and Jumma tenure holders are enjoying the exemption since pre-independence period. They have rightly been granted exemption for a period of ten years, it is not the case they have been granted exemption indefinitely. Exemption granted is subject to certain terms and conditions."

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