Enhancing efficacy

Each time the Olympics are held anywhere in the world, we await India's medal tally with great anticipation. It's the sport of shooting that consistently instils hope in us, as it reliably garners numerous medals. Have we ever given a thought as to why it happens? The answer lies in the fact that Indians inherently possess talent for shooting. Our mythological texts also make references to bows and arrows in the context of sports, hunting, and warfare. Of course, the term ‘arms’ has a very wide connotation and, accordingly, it has been defined vividly in the Indian Arms Act as a weapon of offence or defence, saving certain exceptions.

Arms play an important role in people's lives and society as a whole. Be it national security from external aggression or maintenance of law & order in society or crime control, arms and regulation of arms hold tremendous importance. Different countries around the world have distinct regulations, shaped by their social and historical circumstances. On one hand, the United States offers its citizens a constitutional right (2nd Amendment) to possess arms. On the other hand, in many other countries, access to arms for the general public varies from being restrictive to very restrictive. For instance, highly restrictive countries encompass Japan, Australia, New Zealand, and others, while countries with restrictive policies include the UK, Germany, India, and more.

In the USA, people believe that allowing widespread possession of arms benefits society and the nation, affording citizens the freedom to defend themselves in their daily lives. This empowers society to combat frequent criminal activities and maintain law and order, with citizens participating alongside law enforcement agencies. Certainly, there's an inherent risk of arms misuse, as evidenced from time to time in the USA due to predominantly mental health-related issues in specific cases. As a result, discussions about gun control have been ongoing, leading some states to implement stricter regulations. However, given its vast expanse, the USA largely operates with a control-free regime. Other developed countries, being smaller in size, place their trust in efficient policing for crime control and maintaining law and order. Consequently, citizens have limited access to arms.

Coming to India, our homeland, there has been a practice of households in the general public possessing some form of weaponry, even if it's as simple as a lathi, dating back to ancient times. In addition to this, people have also maintained items like spears, swords, maces, and more within their homes. Firearms, the most significant form of weaponry, emerged during India's medieval period. However, possession of firearms was primarily restricted to law enforcement agencies rather than the general populace.

The British colonial rulers introduced the Arms Act with the intention of preventing local Indians from possessing arms or firearms in order to avert potential uprisings. Following India's attainment of independence, the new Indian government endeavoured to transition from an exceedingly restrictive regime to a more flexible one concerning the Arms Act of 1959 and the Arms Rules of 1962. Amendments were periodically introduced to this effect.

Some degree of private sector manufacturing was permitted, allowing the production of single-barrel breech-loading (SBBL) guns and double-barrel breech-loading (DBBL) guns. However, the manufacturing of Prohibited Bore (PB) guns and Non-Prohibited Bore (NPB) guns, alongside larger and more sophisticated weaponry, remained under government control through the Ordnance Factory Board (OFB). The import of sophisticated weapons necessary for the Armed Forces, police, and interested civilians persisted, albeit incurring substantial costs each time.

With the liberalization of the economy in 1991, there emerged a demand from the private sector to authorize arms manufacturing to leverage their capabilities. The shooters’ lobby in shooting sports also pressed for more liberal policies, aiming for greater allowances in terms of the number of arms and ammunition they could possess for professional purposes. The general public also joined in, seeking leniency in arms possession regulations to safeguard their lives and property in the face of escalating crime and law enforcement challenges.

Governments faced significant concerns over record-keeping and the tracing/tracking of arms. Criticism was also directed at the illicit arms trade and the process of obtaining arms licenses. Moreover, there was an elevated demand for basic arms (SBBL/DBBL/Pistol/Revolver) from the rapidly expanding private security agencies operating under the Private Security Agencies Regulation Act (PSARA), which currently employs around 10 million young individuals.

The Arms Rules of 2016 address the majority of the previously mentioned concerns. Firstly, it allowed manufacturing in the private sector for all types of arms (small or large), provided a license is obtained for this purpose – a significant step forward for the realization of 'Make in India'. This initiative has the potential to cater to the needs of the Armed Forces, police, private security agencies, as well as the general public who, now, benefit from a more lenient regime, complete with necessary criteria for applicants and a fixed timeline prescribed for the police and licensing authorities. The database of Arms licenses is centrally maintained through the National Database of Arms Licenses (NDAL), accessible to government authorities at the district/state/central levels. This centralized database will facilitate the monitoring of arms possession. Additionally, the Amendments to the Arms Act have extended the license tenure (from 3 years to 5 years). In the realm of illicit arms, enhanced punishments have been introduced as deterrent measures. Sport shooters would find satisfaction in the resolution of many of their issues, undoubtedly providing a significant boost to the sport. The new regulations have opened up the possibility of establishing more Rifle clubs in states/Union Territories, thereby offering a more professional avenue for shooting practice for both governmental and non-governmental entities, as well as individuals.

It is also believed that the increased presence of licensed simple arms among the general populace and even private security agency personnel would be conducive to enhancing law and order maintenance, as well as crime control in a vast country like ours. Moreover, it could serve as assistance to the police apparatus, which finds itself overwhelmed by the incessantly escalating law and order challenges, encompassing surging crime rates and an expanding number of litigations clogging the courts. Private security agencies can contribute to local law enforcement by promptly notifying them (through emails/phone calls) about crime prevention and detection. In the times to come, private security agencies could collaborate with the police, ushering in a much-needed era of Public-Private Partnership (PPP) in a complex and diverse nation like India. It's worth noting that similar private agencies are playing a substantial role in advanced countries concerning internal security, spanning domains such as law and order, criminal investigation, intelligence gathering, and forensic science laboratories. It is high time that we also understand their role and provide them with a respected and viable operating environment.

All in all, the Arms Rules of 2016 constitute a significant stride toward arms reform in India, aligning with the evolving landscape of internal security in the country. However, there are still many miles to be covered in this direction. It would be in the fitness of things if the process of arms licensing could be transitioned online and predominantly faceless to mitigate concerns of corruption and inefficiency within government offices. Arms licenses could adopt the format of plastic cards or be integrated with other official cards, such as PAN cards, driving licenses, passports, Aadhar cards, etc.

The writer is a retired IAS officer, formerly Addl Chief Secretary to the Govt. of Sikkim; distinguished fellow, Delhi School of Public Policy & Governance; and Advisor, Central Association of Private Security Industry. Views expressed are personal