SC notice Karnataka on plea against permission to Kodavas to carry arms without licence

New Delhi, March 29

he Supreme Court on Tuesday issued notice to the Karnataka government in a petition challenging the permission given to Kodavas—a martial community—to carry and possess firearms without licence under the Arms Act, 1959.

A Bench led by Chief Justice of India NV Ramana asked the Karnataka Government to respond to petition by Captain Chethan YK (retd) challenging the state high court’s verdict upholding the validity of the exemption given to Kodavas.

“The Kodava community which is a martial community has been enjoying the benefit of exemption since pre-independence and Jumma tenure holders are enjoying the exemption since pre-independence period. They have rightly been granted exemption for a period of ten years, it is not the case they have been granted exemption indefinitely. Exemption granted is subject to certain terms and conditions. Therefore, the Constitutional validity of the notification is upheld in the petition,” the high court had said in September 2021.

Contending that the October 2019 notification created a discrimination based on caste/race and ancestral land tenure, Captaion Chethan said it went against right to equality and right to non-discrimination guaranteed under Article 14 and Article 15 of the Constitution.

Citing Section 41 of the Arms Act, he said exemption from firearms licence can be granted only in public interest but the notification granting such exemption to the Kodava community didn’t provide any such justification.