Karnataka High Court upholds exemption given to Kodavas from arms licence

Bengaluru: The Karnataka High Court on Wednesday upheld the constitutional validity of the notification issued by the Union Ministry of Home Affairs, granting exemption to every person by race and Jamma tenure landholders in Kodagu district from the requirement to obtain a licence to carry and possess firearms.

Delivering the judgement, a division bench of Acting Chief Justice Satish Chandra Sharma and Justice Sachin Shankar Magadum, said that, "The Kodavas who are a martial community and Jamma tenure holders have been enjoying the benefit of exemption since pre-independence period. They have rightly been granted exemption for a period of 10 ten years. It is not the case where they have been granted exemption indefinitely. Exemption granted is subject to certain terms and conditions. Therefore, the Constitutional validity of the notification is upheld. The exemption provided to the persons of Kodagu race and Jamma tenure holder, under section 41 of the Arms Act, satisfies the test of reasonable classification under Article 14, of the Constitution of India and the question of questioning the notification, dated October 29, 2019, does not arise."

The bench also noted that, "In the instant case, the documents on record reflect that Kodavas have been considered a martialracefrom as early as 1890, and they are enjoying exemption since then."

It added, "We have taken the view that the statement of objects and reasons of the Arms Act, the weapons are made available to people for self-defence, unless their antecedent doesn't entitle them for keeping such weapons. Hence the question of interference does not arise."

The exemption was questioned by Capt Y K Chethan (Retd) through a PIL. He argued that the notification of the Central government granting exemption lacks public interest. "Being a Kodagu by race or holding Jamma tenure, cannot be in the public interest for the Central government to exercise its powers and grant exemption. What prevents them (Kodavas) from obtaining a license under Sections 3 and 4 of the Arms act?"

Additional Solicitor General M B Nargund appearing for the Union of India opposed the petition on grounds of maintainability and said, that Kodavas are a special tribe, they have got different characteristics. They don't have classes, the caste system is not practised in this particular tribe. What the Kodavas worship are Cauvery Mata (River Cauvery), arms and they do one pooja. They don't have priestly classes also among them.

In 2019, Karnataka High Court had disposed of the petition filed by Captain YK Chethan (Retired) questioning the exemption granted by the government of India by its notification dated December 26, 1966. This was after the government had informed the court that a committee had been constituted by the Ministry of Home Affairs to review the Arms Act, including notification granting exemption to people of Kodagu.