Karnataka High Court Maintains The Kodavas' Arms Act Exemption

On Wednesday, the Karnataka High Court affirmed the Arms Act exemption provided to each and every Coorg resident regardless of ethnicity, as well as Jumma tenure landholders in Coorg (Kodagu district). Following the Indian Arms Act, 1959, a petition was brought before the court contesting a 2019 intestate succession by the Union Ministry of Home Affairs (MHA) offering such protection to every citizen of Coorg by race, as well as Jumma tenure landholders in Kodagu District.

A division bench of Acting Chief Justice Satish Chandra Sharma and Justice Sachin Shankar Magadum affirmed the Arms Act exemption after receiving a petition filed by an ex-Army officer, Capt Chethan YK, on the grounds that the provision is unconstitutional because it generates distinction based solely on race or caste and ancestral land tenure.

The Centre had opted to uphold a British-era provision that exempted Kodavas and Jamma landowners in Kodagu's hill district from getting firearms licences such as pistols, revolvers, and double-barreled shotguns. The remission is valid for ten years, until 2029.

The applicant alleged that the MHA eliminated person-to-person scrutiny prior to actually awarding licences to people of the 'Coorg race,' contributing that it thus is not only derisive to citizens of the entire nation who are not of the 'Coorg race,' but also poses a threat to life and liberty because those who are excluded are allowed to acquire arms and ammunition without any restrictions. The Centre had chosen to preserve a British-era clause that excused Kodavas and Jamma landowners in Kodagu's hill district from having to apply for firearms licences for pistols, revolvers, and double-barreled shotguns. The remission will last ten years, from now until 2029.

Codava National Council (CNC) President, Nandineravanda U. Nachappa stated that Kailpodh festival (weapons festival) is held in September and is characterised by the adoration of guns, Odi Kathi and Peeche Kathi (two types of swords), and agricultural equipment. As a result, the gun has developed to be seen as both a privilege and a need for the Kodava way of life.

Meanwhile, the Indian Arms Act was exempted for every member of (the) Coorg race and every Jamma land occupancy holder in Coorg by a statement published by the Centre in 1963. Even after Coorg, which was once an independent state, united with Karnataka, there has been no restriction on the entitlement.