Feudal tradition, legal lacuna fuel celebratory firing
Rajbir Deswal
Former IPS Officer
Punjabi singer Elly Mangat, along with two others, has been booked by the Sahnewal police in Punjab in a case that appears to be of celebratory firing. The Indian Penal Code provisions invoked are Sections 336 (act endangering life or personal safety of others), 109 (abetment to commit an offence), 34 (act done in furtherance of common intentions); and Sections 25 and 27 of the Arms Act concerning possession of illegal arms and the use of licensed arms illegally by others. But is it enough to bring to book someone whose wanton act could kill someone? Isn’t there any other provision of law to tackle celebratory firing to which innocent people fall victim?
In Haryana, the life of an unsuspecting lensman, covering a wedding at Ahar village of Panipat district, was snuffed out due to celebratory firing on November 18. The victim, Sohan Bhardwaj, 35, was a native of Kangra in Himachal Pradesh. Earlier, a Hisar woman, Archana Gupta, was killed during the New Year celebrations at a South Delhi farmhouse. In November 2018, a boy, Arjun, fell to an accidentally fired bullet at a wedding in Yamunanagar. A 24-year-old orchestra dancer, Kulwinder Kaur, was killed in celebratory firing in Bathinda. The ‘mother of such incidents’ was reported from Karnal, where a self-styled sadhvi, Deva Thakur, reached a wedding venue on November 15, 2016, and a celebratory burst of fire by aides, killed her and the aunt of the groom, besides injuring an 11-year-old girl and three others. Her aides carried unlicensed weapons. Despite a ban in Haryana on celebratory firing, promulgated after the Bathinda incident, its implementation takes a backseat for which a plethora of issues need to be taken into account.
In India, where feudal traditions and ostentations are flaunted, would it be safe to allow such an unchecked gun culture, as it prevails today, especially with unlicensed, country-made weapons and illicit arms, available easily and in plenty. These are issues which advanced countries like the US, Canada, Britain, Australia, Israel and Norway grapple with. Unfortunately, almost all of them have made their laws stricter only after incidents of mindless shootings have taken place, killing innocent people in congregations, schools and restaurants. In Japan, incidents of gun-related homicide are one in ten, in a population of a million. In Norway, the ownership of a weapon is allowed, but its use is almost absent. Norwegian police, like the British police, does not carry arms. In America, some states provide for free possession of guns, while some others have restrictions. In Australia, gun laws are stricter.
In our feudal set-up, brandishing weapons to hold onlookers in awe, with a falsely acquired sense of power, with added revelry and euphoric outburst of unbridled killer instinct, seems to be the hallmark of any celebration, especially in the North. What is the background of brandishing weapons, especially at weddings? A peep into the prevalent country culture in the North, would explain the phenomenon. The system of marriage employed a set of near and dear ones and relatives to form a marriage party (baraat). Bringing a bride home, unharmed in the medieval times, was a real challenge because of the possibility of robbers trying to waylay the marriage party, waiting to loot the dowry articles and jewellery etc. In all Sikh weddings, the bridegroom invariably carries a sword. In Haryana, a groom while setting foot to bring his bride performs a suckling action on his mother’s breasts, to owe her a pledge to bring the bride safely, unravished by aggressors. Thus, once upon a time, carrying of weapons during the weddings was perceived to be a necessity, which evolved into an ostentatious and audacious practice.
The only specific legal provision available at present is the Arms Act, 1959, which largely deals with the acquisition, possession, manufacture, sale, import, export and transport of arms and ammunition. Legal provisions to tackle celebratory firing aren’t too many. The Arms Act has almost its jaws gone quiescent, unable to bite into the criminality of containing the use of firearms. There is no specific mention of the crime of indulging in celebratory firing in any of the penal books for which reason the perpetrators go scot-free. Even the courts find it difficult to fix the damages and claims of compensation. Even the invocation of Section 302 of the IPC finds it difficult to establish the motive of murder. There is no evidence of previous enmity between the parties. There is no preparation on the part of the actors in pursuing their game of criminality. Hence, in the absence of any evidence to suggest motive, previous enmity, preparation, abetment and ultimate mens rea etc, these cases end up either in acquittal, or with minor punishment of incriminating negligence etc. There is not even ‘sudden provocation’ which could be one ground for some semblance of punishment.
Licensees are not trained in the ballistic aspect of firing as well. They are unaware of the barrel getting heated up due to continued firing. They don’t know that the pellets travel like a fountain, and not like a dart. They are also not aware if the ammunition they are using is fresh, old or dull with the expiry date having been crossed long back, and that they burst unexpectedly when triggered. That is why those who are in close proximity, get hurt. In India, wedding processions pass through lanes, in which even the onlookers watch. Those who indulge in celebratory firing are not worried that the unsuspecting might get targeted.
The Delhi HC did take the initiative to fix the responsibility of the organisers to make sure that weapons are not carried to the venue. The Centre has also sent an advisory to the state governments, to the effect that licensing should be made uniform throughout the country, keeping in view only the threat perception of a person, his safety concerns, and not at all for display, brandishing, flaunting, threatening, intimidating and not the least, for celebratory use of weapons.
