“After a shooting spree, they always want to take the guns away from the people who didn’t do it.”
–William S. Burroughs
Guns in India, traditionally seen as a symbol of bravery and status, are gaining attention for less dignified reasons. In contrast to the United States, where school shootings are prevalent, India faces issues like celebratory gunfire at weddings and a rise in gun-related deaths. Despite strict gun control laws, incidents like the recent death of Punjabi Singer Sidhu Moosewala highlight the escalating gun situation. Moosewala, known for glorifying gun culture, was shot in a targeted incident. Additionally, court shootings, as exemplified by the recent Tis Hazari incident, contribute to growing concerns about firearms in India.
Several studies have been conducted to find the exact causes of possession of guns by civilians, especially in the United States. These studies range from criminological to sociological to epidemiological. However, in India, such studies are not given much importance. This article is part of a two-part series on Gun culture in India with the second part focusing majorly on the conflict between the right to practice religion on one hand and security on the other in the context of Kirpan which is important to the Sikh religion.
Guns have been ingrained in India’s cultural history since ancient times, with limited regulations until the 1857 War of Independence. The British Raj introduced the Indian Arms Act in 1878, regulating arms and ammunition. Post-independence, the Indian Government enacted the Arms Act, of 1959, amended in 2019. The Act classifies weapons into Prohibited Bore (PB) and Non-Prohibited Bore (NPB) based on bullet length. PB arms are restricted to defence personnel, while NPB arms require licenses for ordinary citizens. Non-prohibited bore weapons, including handguns of calibres .35, .32, .22, and .380, are accessible to civilians under proper licensing procedures. All civilians can apply for possession of an NPB by following the due procedure under chapters II and III of the Arms Act.[1]
To legally possess a gun in India, an individual must be at least 21 years old and is typically allowed for purposes such as crop protection, sports, and self-defence. Obtaining permission for self-defence requires demonstrating an imminent threat to life, which can also include the potential risk from wild animals. Essential documents for the application process include proof of identity, residency, age, and education, along with four pictures, the last three years’ income tax returns, character certificates verified by prominent community figures, and both mental and physical health certifications.[2] The police are also mandated to perform a strict background check of the applicant for 2 months.
The recorded interviews are forwarded to the Criminal Branch and the National Crime Record Bureau for preservation. Following this, the authorizing specialists meet with the candidate, and the reason for their approval or denial of the permit is also recorded. Applicants whose applications are granted must complete a necessary arm handling course in which they learn safe gun handling, fire, and transportation. The issued license must be renewed every three years. It is essential to carry a gun in a holster or, in the case of rifles in a knapsack.[3]
As of November 2018, the Ministry of Home Affairs reported a total of 35,87,016 registered guns in India[4], with Uttar Pradesh, Punjab, and Madhya Pradesh leading the list. The Chambal region in Madhya Pradesh stands out for having the highest per capita gun ownership. However, the prevalent gun culture in this region is more about display than actual use. Urban residents often own guns for employment opportunities, such as securing positions as security guards, leading to a salary increase of up to 50%. Despite the widespread ownership, the culture is generally perceived as harmless since the firearms are more symbolic than functional.[5]
Nevertheless, the Supreme Court’s stance on the rising gun violence in the country can be seen from the fact that it had asked all the States and Union Territories to furnish data on the number of unlicensed firearms and weapons in their respective states.[6] This shows that in India, even though we have strict gun control laws, the maximum number of incidents happen due to unlicensed weapons. The supervision of registered firearms is no doubt efficient, however, the problematic aspect is the illegal weapons possessed by the citizens which ultimately result in disastrous situations.
AMERICA: WHERE ‘GUNS’ HAVE BECOME A ‘CULTURE’
Researchers have found various reasons behind the carrying of firearms by citizens in the United States. As mentioned above, studies have mostly looked at this issue either from a criminological perspective or an epidemiological perspective. However, if we look from society’s perspective, we find that the reasons for firearm usage range from necessity in the early times to recreational pursuits like sporting, hunting and collecting to ultimately self-defence in recent times.
Guns were a significant aspect of the social history of the U.S. from the outset.[7] The shift from craft to industrial production in the nineteenth century, from hand-made unique parts to machine-made interchangeable parts, substantially improved manufacturing capacities, and gun manufacturing played a key role in this evolution. And, like other mass-produced commodities, the guns had to be marketed to the general public; where markets did not already exist, new ones had to be developed.[8] Then from necessity, the culture moved towards recreational pursuits. Dealing with firearms became a serious leisure.[9] Sporting, Hunting and Collecting guns dominated America’s culture for most of the 20th Century. At the same time, the center of gravity of American gun culture has evolved during the last half-century from recreational shooting to armed self-defense, from “Gun Culture 1.0,” as Hofstadter termed America’s historic gun culture, to “Gun Culture 2.0.”[10] In today’s times, Americans consider gun as a beacon of safety. The results of most surveys conducted on the issue show an overwhelming similarity in terms of ‘safety’ as the first reason for keeping a gun. No matter how important or relevant these reasons might be, the fact is that Americans have a constitutional right to bear arms as given in their Second Amendment. As is always said, everything is subject to misuse.
CONCLUSION
Guns have always been associated with masculinity. Some researchers have also regarded the decline in socioeconomic conditions as one of the primary reasons why men prefer to keep guns. They think they are losing their role as the ‘protector’ of their family. Whatever be the reason, it cannot be denied that guns have now become a public commodity regardless of the laws controlling them. As was stated above, the people who possess guns as part of their culture (like the Kodavas) or who keep them to show their status, are not the ones who pose danger. Whether possessing guns by civilians is good or bad can never be fully decided since it will always be prone to the slippery slope argument.
[1] Niket Khandelwal, Gun Laws in India, September 13, 2020, Law Times Journal, https://lawtimesjournal.in/gun-laws-in-india/
[2] Garima Khare, What are Gun laws in India? How can one get a gun in India? https://legaldesire.com/what-are-gun-laws-in-india-how-can-one-get-a-gun-in-india/
[3] Supra Note 2
[4] Rahul Tripathi, One Person, One Gun: A new Firearms Policy in the Works, November 5, 2019, https://economictimes.indiatimes.com/news/defence/one-person-one-gun-a-new-firearm-policy-in-the-works/articleshow/71911790.cms
[5] Neha Mehrotra, Inside the deep Gun Culture of Gwalior, India, December 17, 2020, Atlas Obscura, https://www.atlasobscura.com/articles/gun-culture-in-gwalior#:~:text=Gwalior-Chambal%20is%20home%20to%20the%20largest%20number%20of,of%20the%20year%2C%20fully%20surfaces%20in%20the%20public.
[6] Abraham Thomas, Supreme Court seeks stricter law against Unlicensed Weapons, May 17, 2023, Hindustan Times, https://www.hindustantimes.com/india-news/supreme-court-calls-for-stringent-measures-against-unlicensed-weapons-as-crime-involving-illegal-arms-surges-in-northern-states-101684294279920.html
[7] Winkler, A. (2011). Gunfight: The battle over the right to bear arms in America. New York: Norton
[8] Haag, P. (2016). The gunning of America: Business and the making of American gun culture.
[9] Stebbins, R. A. (2001). Serious leisure. Society, 38(4), 53–57.
[10] Terms borrowed from Gun Journalist Michael Bane- “Gun Culture 2.0”, Hofstadter, R. (1970). America as a gun culture. American Heritage, 21, 6 (October 1970).
This article is written and submitted by Aayushi during her course of internship at B&B Associates LLP. Aayushi is a 3rd year year B.A. L.L.B (Hons.) student at NLU, Jodhpur.
