Twenty-eight-year-old rapper Sidhu Moosewala was shot dead on May 29 evening at Jahawarke village in Mansa district of Punjab in an inter-gang dispute, a day after the Punjab government withdrew his security cover along with that of many others.
Moosewala and two others were driving in his vehicle when two vehicles blocked him from the front and the back and he was fired upon. The singer had fired back at the assailants — allegedly belonging to the Lawerence Bishnoi gang — but sustained several injuries. He was declared brought-dead at a local hospital, according to the police.
The controversial hiphop artist’s death in a gun fight has brought focus on his songs ‘Lifestyle’ and ‘So High’ which are infamous for promoting gun culture. The singer was also recently booked along with five police personnel for target shooting at a police range and for promoting gun violence via his song ‘Sanju’ in which he likened himself to actor Sanjay Dutt — a man convicted under the Indian Arms Act.
What is the Indian Arms Act of 1959?
Following the Sepoy Mutiny of 1857, the British enforced the Arms Act of 1878 disallowing any Indian from possessing firearms unless the British were convinced of his/her loyalty to the Crown. Post-Independence, this law was scrapped and the Indian Arms Act, 1959 was passed.
Possession of arms:
Under this Act, no person can acquire, possess, or carry any firearm or ammunition unless he holds a licence issued in accordance with the Act. Moreover, no person can carry more than two firearms at a time except a dealer in firearms, or a member of a rifle association recognised by the Central government.
Later, the Centre amended the Indian Arms Act 1959 to allow sportspersons (international medalists/renowned shooters) to carry upto to a total of twelve firearms for shooting practice. Any junior target shooter/ aspiring shooter can possess two weapons. Apart from these exemptions, these shooters are also allowed to carry upto two firearms – as allowed for all citizens carrying a licence.
Any licence granted will be valid for five years from the date on which it is granted. The applicant can seek renewal of such a licence for the same duration .
Prohibitions:
Sale/possession of firearms is prohibited for –
1. Anyone below the age of 21
2. Anyone sentenced and convicted of crimes involving violence or moral depravity, who has not completed five years after the end of their sentence.
3. Anyone ordered to be on good behavior while out on bond
4. Anyone who is of unsound mind during the sale
Any reason for the refusal to grant a licence has to be mentioned in writing by the authority. The Centre may prohibit the possession or carrying of arms in specified disturbed areas.
Individuals are not allowed to alter, remove or forge names, numbers or other identification marks on firearms.
Offences:
According to the Act, individuals who use, sell, transfer, convert, repair, test, or expose firearms or ammunition or those who forge firearms or transport them in violation of the Act can face at least seven years of imprisonment which may be extended to life and may also have to shell out a fine.
Similarly, possession, sale or transportation of a prohibited firearm is punishable with imprisonment for at least seven years, which may even extend to life imprisonment in some cases and a fine.
Any attempt to conceal arms while a vessel /premises is being searched may attract imprisonment upto ten years and a fine. Persons belonging to an organised crime syndicate carrying, manufacturing or trading firearms in violation of the Act may face imprisonment of atleast ten years which may extend to life and a fine.
Arms which are part of the ordinary equipment of any sea-faring vessel or aircraft are exempted under the Act. Persons who are under orders of the Central government, public servants or members of the National Cadet Corps are also exempt from the provisions of this Act.
Gun ‘hubs’ in India
Munger, located 210 km south-east of Patna, has been famous for gun production since the British Raj. After Independence, 37 companies in Munger were given licences to manufacture guns.
As of 2016, India had 97 gun-manufacturing units spread over Bihar, Uttar Pradesh, Madhya Pradesh, Jammu and Kashmir, Assam, Karnataka and Himachal Pradesh.
There have also been reports of several illegal gun factories that have sprung up in villages near Munger, such as Bardah, Baisar, Daulatpur, and Bara-Maksaspur. These hubs produce country-made pistols, revolvers, guns, rifles, even carbines and American and Italian guns such as Smith & Wesson or Beretta at cheap prices – employing thousands of people.
Bihar police records show that from 2001 to June 2017, 41,333 illegal, country-made weapons and 599 illegal gun factories were unearthed in the State and 2,29,647 cartridges were seized.
