PEOPLE FOR ANIMALS Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petitioner is a charitable trust. It inter alia campaigns for the rights of the animals. By reason of this writ petition, the petitioner has prayed for issuance of an appropriate writ directing the respondents not to authorize issuance/renewal of licences under the Arms Act, 1959 in respect of guns for sport as well as for crop and cattle protection.

(2.) The contention of the petitioner in this writ petition is that although the object of the Arms Act is to preserve public security as also maintenance of public order, the basic requirements thereof have been given a go-bye by liberalizing the policy of grant of licence of arms'. Such liberalization of grant of licence in arms led to unhampered distribution, sale and possession of firearms in the country. It is not in dispute that the Central Government in exercise of its power conferred upon it under Section 41 of the Arms Act had issued a notification bearing No. G.S.R. 991 dated 13.07.1962 whereby and whereunder it had excluded arms and ammunition of the descriptions specified in column (1) of Schedule II annexed thereto from certain provisions of the Act and subject to conditions mentioned therein. Air Guns, Air Rifles and Air Pistols, which find place at serial No. 3 of the said Schedule II, have completely been exempted from the purview of the provisions of the Arms Act.

(3.) The petitioner in this writ petition has questioned the legality of the said notification. According to the petitioner, if the said notification is not set aside, the same would lead to a disastrous result inasmuch by reason thereof guns would be used for killing or maiming of animals or birds. The petitioner, however, is not against the target practice. As for using air guns for target practice, the petitioner would contend that a separate provision in relation thereto may be made, but it is difficult to comprehend as to why such category of firearms would be made freely available in the market.