Open Access Research Article
The Right Of Indigenous Communities To Possess Guns In India With Special Reference To The Kodava Community By: Snehal K Alexander
Published Paper
Article Details
‘The Right Of Indigenous Communities
To Possess Guns In India With Special Reference To The Kodava Community.
Authored By: Snehal K Alexander
3rd Year Law Student
School Of Law, Christ (Deemed To Be
University)
Index
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SL. NO
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TOPICS
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1.
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Abstract
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2.
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Research Methodology
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3.
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Defenitions
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4.
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Jurisprudence
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5.
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Introduction
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6.
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The cultural and religious usage of
arms by the martial tribe
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6.1
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Coorgs’ privilege to possess guns;
a Fundamental Right?
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7.
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Is the Coorgs’ privilege to possess
guns without a license unconstitutional?
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7.1
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Unlicensed
possession of Guns; A threat to people’s Right to Equality.
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7.2
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Unlicensed
possession of Guns; A threat to people’s Right against discrimination on the grounds
of Religion, Race, Caste, Sex, or place of birth.
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7.3
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Unlicensed
possession of Guns; A threat to people’s Right to Life and Personal Liberty
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8.
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International
treaties, conventions, and national laws on the topic
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9.
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Conclusion
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1. ABSTRACT:
The Coorgs or Kodavas are an
indigenous tribal community who live in the state of Karnataka, in the western
ghats of India. They are mainly worshippers of nature, with a rich culture and
varied traditions that include a deep respect for their elders and ancestors.
Guns have been an integral part of this community’s culture and traditions. In
the earlier days, each Kodava house would be almost a kilometer far apart from
the other thus, the birth and death of family members would be signalled
through gunshots up in the sky. Guns are also cleaned and worshipped during the
‘kailpodh’ festival. Historical records show that the Coorgs hand-made their
own guns called ‘tiritoku’ and possessed the legendary ‘matchlock guns’ even before
the colonial era. Along with this, records also mention them visiting Maharajas
in the past, with arms by their side. The British called them a ‘martial race’
during the Indian uprising of 1857 as they were considered loyal and suitable
for military service. During the fight for Poorna swaraj as well as after
independence, the contributions of this tribe to the nation have been more than
significant. The Coorgs, therefore, have a history of legally possessing guns
before, during, and even after colonial rule. Currently, The Indian Arms Act of
1959 allows Kodavas to possess guns without a license under the exception that
they may apply for an exemption certificate from the government. Recently, an
ongoing case in the Supreme Court has questioned this privilege and deemed it
to be unconstitutional and violative of Fundamental Rights while also being an
exemption that is against public interest. The objective of this paper is to
analyze and determine whether and why the religious right of the indigenous Kodava
tribe to possess guns is a fundamental right in itself and if this
long-standing privilege is unconstitutional in nature.
Keywords: Indigenous tribal
community, matchlock guns, martial race, fundamental rights.
2. RESEARCH METHODOLOGY:
This Research paper has adopted a doctrinal
mode of research methodology. In the matter of ‘The rights of indigenous
communities to possess Guns in India, with special reference to the Kodava
community’, the scope and extent of various legal provisions that are
applicable to the topic have been analyzed in detail. In addition to legal
analysis, all the said legal institutions have been reasoned with, and
rationally deduced. Additionally, certain observations are made through
historical records, along with pre-gathered statistical and surveyed data
regarding the contributions of the Kodava community to the Nation have been put
forth. The object of this paper is to first, analyze and determine whether the
Kodava community’s right to possession of guns is in any way unconstitutional
or violative of people’s Fundamental rights. Secondly, it is to analyze and
determine whether this right falls under the purview of Fundamental rights in
itself. Therefore, to determine the same, the above-stated methodologies have
been used along with references from the Gazetteer of Coorg itself. The main
questions this paper seeks to answer are whether it is the Fundamental Right of
the Kodava Community to possess guns and additionally, whether this possession
of Guns is unconstitutional and violative of the citizens’ Fundamental rights. It
begins with an introduction, to establish the relevant history and context of
the topic and moves forward to discuss the jurisprudence of gun rights and a
related theory. Further ahead, this privilege and it being a Fundamental right
in itself along with its associated duty is discussed, and immediately after, the
very contradiction; all threats to Fundamental Rights through the unlicensed possession
of guns by Coorgs, have been explored and analyzed. Through all the gathered
data, the researcher aims to broaden the reader’s perspective by shedding light
on the legal as well as cultural, and humanitarian aspects of a matter as
significant and sensational as this.
3. DEFENITIONS:
a. Kodagu/Coorg: It is a district located in
southern Karnataka, along the western Ghats of India and it is where the
indigenous Kodava tribe reside.
b. Coorgs/Kodava people/ Coorgas: The Coorgs or Kodava people are individuals
living in Coorg or Kodagu. They are a tribe of approximately 1 lakh 50 thousand
individuals and speak a language called kodavathakke
c. Kodagaru: The Government of Karnataka call
this race by this name in their Official list.
d. Kirpan: It is a short sword or knife worn
by the Sikh people.
e. Jamma/Jumma land holders[1]: They are people residing in Coorg
to whom historically, the Rajas of Coorg and British Officials gave land to.
These individuals would in turn have to mitigate internal disturbances and
repel external aggression. They would sometimes even be appointed as treasury
guards.
4. JURISPRUDENCE:
One of the strongest viewpoints on
this topic is that a community being allowed to possess unlicensed guns
legally, is a threat to public interest and general safety. Therefore, it must
be banned and this exemption must be revoked. However, we must consider the
instrumentalist conception of technology[2] which
basically suggests that Guns in itself are not the cause of harm or injury, but
the people operating them are. When we apply this concept in the case of other
instruments or machines, we see that the application of this concept of sound
and rational. If not, people would simply blame machines and technologies for
all their mistakes.
In this case, the individual
operating the gun should and will be held liable for any injury they cause.
Thus, to blame the unlicensed availability of the Gun for such an injury to
take place would be irrational.
In the case of Coorgs, it will be
subsequently established how they have had possession of guns for centuries due
to cultural, traditional, and religious reasons and how they too, like any
ordinary citizen will be held liable for any gun-related offense they commit.
Therefore, to take away the Guns of the Coorgs, while applying the antithesis
of this theory would not only be irrational but violative of their cultural and
religious rights, which are fundamental in nature.
5. INTRODUCTION:
Coorgs or the Kodava people are an
ethnic, cultural, and linguistic minority who live in the southern part of
Karnataka, in the western Ghats of India. There are about three historical
theories that suggest the origins of this Tribe. The most popular one is that
they are descendants of Indo-Greek soldiers, who came into India with Alexander
the Great. The community however popularly believes in the foreign theory which
suggests that Coorgs are decedents of the Brachycephalic stock or the
‘broad-headed stock who entered the Indus valley during the Mohenjo-Daro period
and later migrated to Coorg[3]. The
kodava tribe are indigenous inhabitants of Coorg. They have become an entire
civilization and prospered there over time, for centuries. This community is
known to be a war-like tribe and so, the usage of Guns is firmly intertwined
with their culture and religion. Since their settlement in India, centuries
ago, the traditions and religious practices surrounding guns have been
practiced and continue to be practiced up to date and there are historical
records that uphold the same. Now, this long enjoyed privilege has been put out
for debate. Must a community be granted the sole privilege to possess unlicensed
guns as it is part of their culture while we ignore the possible threat or risk
that the rest of the citizens of this nation face due to such privilege. Would
this privilege therefore be ultimately against public interest as such unequal,
imbalanced grant of power by the state to the Kodagu race could even result in
unequal treatment, discrimination and finally, chaos amongst the people of
India.
Let us explore both ends of this
topic and finally arrive at a sound conclusion.
6. The Cultural And Religious Usage Of
Arms
By The
Martial Tribe
The Coorg culture is deeply
intertwined with the usage of guns. The Hukumnama of Lingarajendra Wodeyar,
Raja of Coorg has records that state that during the colonial rule, at the time
of the takeover of administration by the British, the Coorgs were only
concerned about the non-interfere of their civil and religious usage of guns.
Later, even when the Rajas took over Coorg and followed a different religion,
the Coorgs continued to practice their own faith and culture[4].
Here are few significant historical
practices of Coorgs that prove the same. All these practices have been
practiced by the people of Coorg prior to, during, and even after the colonial
era.
·
Kailpodh or Kail
muhurta which is referred to as Keilmotoo and Keilmurtha in
British texts is a festival where Weapons are worshipped. ‘Kail’ means
Armory for weapons and ‘Podh’ means festival. This is a festival that is
celebrated after the harvest festival called Putthari. Every year on the 3rd
of September, agricultural tools along with arms are cleaned, adorned with
flowers, and worshipped.[5] The
Gazetteer of Coorg by G Richter has records of customs of Kodagu people
worshipping weapons during this festival which proves the age long existence of
the same practice.[6]
·
The
same Gazetteer of Coorg written in 1870 also has records of the usage of Guns
in Coorg whenever there was a Birth, Death, Marriage or a housewarming event. The
birth of a baby boy is announced by a gunshot up to the sky and a small bow and
arrow made of castor oil plants are put in the hands of the baby. The child
will be welcomed to the world as a future warrior and huntsman. On the death of
a member, 2 gunshots are fired to the sky and all the people of the village are
to cease their work and accompany the family for the disposal of the dead. Even
before the aforesaid ‘Putthari’ festival commences, a gun shot is fired to the
sky. One of the reasons why the British granted an exemption to the Coorgs was
because, in earlier days, Gunshots were used as a means to communicate as
houses would be almost a kilometer apart from each other.
·
The
age-old customs of the people of Coorg include presenting a child with Kuppaya;
which is a long coat and a Chele; which is a sash that is used as a belt
when they turn 4 years old. On attaining the age of 10, the child would be
presented with a ‘Peechekathi’ which is a small dagger that is held by
the Chele. On turning 15, the child is now presented with a gun and an ‘Odikathi’
which is a type of curved sword which can be used to chop wood. Now, this child
is expected to learn to use these arms effectively to defend himself and learn
to hunt and bring food to the table[7]. This
shows us how arms and the usage of weaponry is so intertwined to the Kodagu
culture.
·
The
Kodagu people also had civil usages of Guns in their daily lives. Guns were
more of less part of the livelihood of this tribe as since Coorg is located in
the western Ghats of India, with thick foliage and acres of coffee estates,
Coorgs used guns to scare away wild animals like boars and snakes from
attacking or harming them.
·
There
are also historical records of Coorgs visiting the courts of the Maharajas in
India, while wearing their arms. The British official stated in his journal
that while he was passing by several villages, he notices how the Maharajas
approached the men and women of the Kodagu community. The men carrying guns
paid their respects to the Rajas by drawing up in one rank to make their salaam
and along with them, many other Coorgas armed with Matchlock guns and Kuttees’
paid homage to the Raja too[8].
·
Apart
from these main cultural practices, during temple festivals in Coorg, the
people participate in martial games like coconut shooting and the Rajas would
never interfere with their usage and possession of Guns because this tribe was
known to be a martial tribe with inborn talent and valor to fight. Many Kodava
people showed proficiency in the usage of fire arms and they were ready to
fight, whenever summoned for the defense of the nation.
The Constitution of India, along with
recognizing our Fundamental Rights, also enforces upon its citizens, Fundamental
Duties. Article 51 (f) of the Constitution of India states that it is the duty of citizens to
‘value and preserve the rich heritage of our composite culture’[9] This
means that the law just as it recognizes any distinct Indian community’s right
to conserve their culture, language and script, also imposes a duty of its
citizens to value any and all of the existing rich heritage of our Indian
culture. Therefore, it is the duty of the nation to value and preserve the
culture of the people of Coorg owing to it being a distinct part of the
cultural practices followed in India.
6.1
Coorgs’ privilege to possess guns;
a Fundamental Right?
Article 25, 26, and 29 of the
Constitution of India provide for the Right to Freedom of Religion and for
Cultural and Educational rights, which are Fundamental Rights.
Article 25 guarantees us the right to
freedom of conscience along with the freedom to freely profess, practice and
propagate religion[10].
Subsequently, in the explanation clause it states that the wearing of Kirpans by
the Sikhs can be deemed to be included as a ‘profession of religion’. Thus,
usage of guns by the Kodava people too is a ‘profession of religion’ as
recognized by the Constitution of India. They also practice their faith by
worshipping guns in the Kailpodh festival and through all other religious
practices like the birth and death of an individual. Therefore, the possession
and usage of guns by the Kodava people are to be recognized as a Fundamental
right.
Article 26 guarantees us the right to
manage religious affairs[11].
This means that the State cannot interfere with matters that are essentially
religious and the Coorgs worshipping their guns is a religious affair.
Therefore, the possession and usage of it must again be recognized as a
Fundamental right. Finally,
Article 29 guarantees protection of
the interest of minorities and falls under the purview of Cultural and
Educational rights, which are Fundamental Rights. Article 29 (1) states that
‘any section of the citizens residing in the territory of India or any part
thereof having a distinct language, script or culture of its own shall have the
right to conserve the same’[12].
Now, the Coorgs are a tribe residing in India with a distinct language and
culture of its own. Therefore, they have the right to conserve their culture of
the usage of guns and this very practice is recognizable as a Fundamental right
of this community.
7. Is the Coorgs’ privilege to possess
guns without a
license unconstitutional?
The Coorgs
are one of the three communities in India who are legally permitted to carry a
weapon. The others include the Sikhs who are permitted to carry with them their
Kirpans and the Gurkhas who are permitted to carry with them their kukris.
These are the only 3 communities that were granted exemptions from the state as
the usage of their weapons fell under the purview of religious practices.
However, the fact still stands that there is an evident imbalance of power when
there are individuals in society that have weapons while the majority do not.
This may eventually also create division amongst members, and instigate violence
and oppression. It may also lead to the dominating class of individuals
subjugating the others. In the case of the Kodavas, they are allowed to possess
and carry with them their guns and therefore, as compared to any other ordinary
citizen, they wield more power with their privilege to freely carry unlicenced
guns. Therefore, ultimately, unless the exemptions granted by the state to
these communities follow the basic structure of the Constitution of India, they
would be unconstitutional and violative of the Rights of the citizens.
7.1
Unlicensed
possession of Guns; A threat to people’s Right to Equality.
Article 14
of the Constitution of India is regarding the Right to Equality and states that
the State shall not deny to any person equality before the law or equal
protection of the laws within the territory of India[13].
The Right to equality also means that the State must ensure equal treatment
amongst equals and unequal treatment amongst unequals. This means that we
simply cannot treat individuals who are different from ordinary citizens by way
of their practices, history, geographical location or any other criterion the
same way as we treat ordinary citizens who majoritarily live similar lives,
under similar circumstances because, if so, that would be unequal treatment in
itself. Thus arises the concepts of reasonable classification which helps
determine if the State is acting in an arbitrary manner by imposing
legislations that favour one class of individuals over the other. To qualify
the test of reasonable classification, the law in question must have an
intelligible differentia and a rational nexus. This means that the class of
individuals being granted a privilege must have some definite, evident
difference in circumstances as compared to ordinary citizens who are not
granted the same privilege and along with this, there must be a rational nexus
or in other words, a rational relation between the said privilege being granted
and the different circumstance. In the case of Kodavas, many opine that there
is a gross imbalance of power amongst ordinary citizens when one class is
permitted to carry guns while the others are not and hence, being violative of
the Right to equality. However, this privilege of having legal permission to
possess guns while others are not, fulfils the test of reasonable
classification. There is an intelligible differentia as this martial community
is the only minority that worships only arms that include guns as opposed to
the majority of religious people who worship idols or both arms and idols and
they also are the only community that celebrate religious ceremonies like the
birth and death of an individual with the usage of guns. Therefore, along with
it being their most significant religious practice, it also falls under their Fundamental
Right to Freedom of Religion recognized by the Indian Constitution. Additionally,
they also reside in a unique geographical location, that requires them to
communicate with guns as well as use them for civil purposes like protecting
themselves from wild animals. There also exists a rational nexus as it is
reasonable and rational for the State to grant this exemption to the Kodava
community owing to the fact that the Coorgs are the only community that solely
worship arms and thus, it would be their fundamental right to enjoy this
privilege.
7.2
Unlicensed possession of Guns; A threat to
people’s Right against discrimination on the grounds of Religion, Race, Caste, Sex,
or place of birth.
Article 15 (1) of the Constitution of
India states that the State must not discriminate against any citizen on the grounds
of religion, race, caste, sex, place of birth or any of them[14].
It is believed that due to the privilege granted to the Coorgs, there is an
existence of gross injustice due to inequal treatment of people amongst the
Kodava community amongst the original Coorgs and the new settlers even to this
date. The Kodavas do not have any caste system as part of their faith. Unlike
the still existing caste system amongst people of the Hindu faith, they remain
to be a mere martial tribe who worship guns and if anything, respect and revere
the elders of the community for their wisdom and knowledge and make offerings
to their ancestors for a blessed future. Therefore, the unlicensed possession
of Guns by the Coorgs is not a threat to the citizen’s Right against discrimination
on the grounds of Religion, Race, Caste, Sex, or place of birth.
The chronicles of Mir Hussein Ali
Khan Kirmani along with others state that when Tipu Sultan, the Raja of Mysore
waged war against the Coorgs, he massacred 80,000 people[15],
which was almost three fourth of their population and later, the Rajas of Coorg
made many outsiders to migrate into Coorg to build back the population and they
over time, began to mimic the age-old practices of the Coorgs and thus, it
became part of their cultural practices too. However, it still does not hold
the same religious sanctity that it does to the original Coorgs, who inherently
worship weapons. Therefore, there exists no caste system or any social
stratification within the Kodagu community as the settlers too enjoy the same
privilege despite it not being their inherent, historically indigenous
culture.
7.3 Unlicensed
possession of Guns; A threat to people’s Right to Life and Personal Liberty
Article 21
of the Constitution of India guarantees us the right to life and personal
liberty. The exemption granted to the Coorgs to possess guns could threaten the
lives of ordinary citizens who do not have the same privilege by ways of
intimidation etc. Therefore, would this privilege be unconstitutional? In the
case of Capt. Chethan Y K v. Union of India, the High Court held that the
possession of Guns by the Coorgs is not violative of the Right to Life and
Liberty as this privilege is regulated by a series of checks and balances. This
exception is granted only if the Coorgs and Jumma holders receive exemption
certificates from the government which again will only be given on certain
conditions. One such certificate permits the holder to take 2 guns out of
Coorg. Therefore, the State keeps track of all the certificates.
Furthermore,
one must consider the nature of this tribe. The Kodavas are peace-loving
individuals who have been granted this privilege since the British era. When
the Queen of England took over the East India Company, a proclamation was made
declaring that the British would not interfere with the civil and religious
usage of guns by the Kodavas. Sardar Vallabhai Patel in the constituent
assembly debates mentions that the Coorgs, owing to this privilege granted to
them, have done zero acts of violence with guns.
The Coorgs
are not simply given this privilege to possess guns. They are mandated to obtain
exemption certificates from the government for such possession and this
certificate is given only on certain conditions like appropriate age, soundness
of mind, no criminal records, etc. Along with this, all exemption certificates
granted are officially recorded. Moreover, this privilege is not binding
forever, the State can at any time revoke this privilege if it finds the Coorgs
abusing this privilege in any manner. The Indian Penal Code was enacted in 1860
and it has no exemption for gun offenses by Coorgs, therefore, all citizens
will be treated equally under the ambit of the Indian Penal Code and the Coorgs
too will be punished by law, if they commit offenses. The first census report
of India was made between 1865 to 1872 and in this report, there were no
violations made by the Coorg race regarding gun violence.
The Coorgs
have made monumental contributions to the Armed forces. This race brought forth
the first commander in the chief of the army, Field Marshal Cariappa, and
another chief of army staff, General Thimmaiah. Along with them, there are
several retired lieutenant generals including 3 current lieutenant generals and
several major generals, brigadiers, and colonels. They have also given us more
than 20 Olympic athletes representing the nation. Moreover, soldiering is
ingrained in the blood of the Kodavas. During the second war in 1939-1945, this
community contributed 4000 stalwart soldiers to the army, and 200 of them were
commissioned as officers above the rank of a lieutenant. For a community of a
mere lakh of people of which leaving half as women and of the remaining half
only about 10000 being youth of eligible age the number 4000 in the army is an all-time
record even excelling the Sikh community. Even to this date, while there are 800
clans in the Kodava community, there is at least 1 member of the clan who is a
member of the armed forces of the nation. Therefore, it seems reasonable to
rule out the fact that a martial community serving the nation would threaten
the peaceful living of ordinary citizens through their possession of guns and it
is, in fact, in public interest to give this clan the recognition and respect it
deserves for its significant contributions.
8.
International treaties, conventions, and
national
laws on
the topic:
(A) International Conventions, Treaties,
Agreements:
1.
The United Nations Declaration on
the Rights of Indigenous peoples (UNDRIP) September, 2007[16]
It
provides for the protection of the distinct identity and cultural integrity of
indigenous peoples through:
•
The right to maintain and strengthen their distinct cultural
institutions.
•
The right to belong to an indigenous community or nation in accordance with the
customs of the community or nation concerned.
•
The right to practice, revitalize and transmit their cultural traditions and
customs.
•
The right to control their education systems and institutions providing
education in their own languages.
•
The right to promote, develop and maintain their institutional structures,
customs, spirituality, traditions, and juridical systems.
•
The right to maintain, control and develop their cultural heritage and
traditional knowledge.
•
The right not to be subjected to forced assimilation or destruction of their
culture.
This
Declaration basically addresses both individual and collective rights; cultural
rights and identity; rights to education, health, employment, language, and
others. It outlaws’ discrimination against indigenous peoples and promotes
their full and effective participation in all matters that concern them. It
also ensures their right to remain distinct and to pursue their own priorities
in economic, social and cultural development. The Treaty Rights and the UN
Declaration on the Rights of Indigenous Peoples explicitly encourages
harmonious and cooperative relations between States and indigenous peoples.
(B)
National legalities:
1.
The Arms act 1878.
After the Sepoy Mutiny of 1857, the British enforced the Arms Act of
1878. Later, in recognition of their martial traditions, the Kodagu community
was granted a special privilege to own firearms with license in 1861[17].
2.
Indian Arms Act 1959
The exemption for the Kodagu community to require a license to possess
guns was issued by the Union government in 1963 under the provisions of the
Indian Arms Act, 1959. This exemption is
provided to persons of Coorg race and Jamma tenure holder under Section 41
of the Arms Act i.e. power to exempt, which satisfies the test of
reasonable classification under Article 14 of the Constitution of India
There are certain conditions, however, to the exemption.
In a notification, the Ministry of Home Affairs, said, "The arms
or ammunition carried or possessed by any person being from Kodagu by race and
every Jamma tenure holder in Kodagu and herein exempted while residing or
traveling outside the district of Kodagu shall not exceed one rifle with 100
rounds of ammunition for the same and one smooth bore breech or muzzle-loading
gun with 500 cartridges or the equivalent in leaden shot and gunpowder."[18]
According to reports, a proposal to do away with the privilege under the
Arms Act was made in 1964 by the Center. But the move was dropped, apparently,
at the behest of Field Marshal K M Cariappa — the first Indian
Commander-in-Chief of the Indian Army — and the then Union Minister C M
Poonacha, who was also the former chief minister of Coorg state, before its
merger with Karnataka.
3.
In 2019, the Union government
passed a notification granting exemption to Kodavas and
Jamma landholders in the Kodagu district from obtaining a license to possess
and carry firearms as required under provisions of the Indian Arms Act, 1959.
The exemption is currently valid till 2029.
9. Conclusion
This topic
was chosen as it was recognized to possess great constitutional significance
and the deeper intention of this paper was to broaden the minds of readers
regarding the constitutionality of the kodava privilege to possess guns. All
the laws in the country must uphold the basic structure of the Constitution of
India. There cannot be an existence of any law that acts in contravention to
any of the provisions of the constitution, especially the fundamental rights. Article
13 of the Constitution states that all laws that are in force, which are
inconsistent to the provisions of the fundamental rights shall to the extent of
such inconsistency, be void. Therefore, we must consider that firstly, this
race is entitled to possess weapons as the usage of guns are a integral part of
their faith just as the holy crucifix is to Christians, the Quran is to Muslims
and idols are to Hindus and this privilege cannot be deemed unconstitutional as
it is not an absolute right granted to this race. Moreover, because it is not
violative of the basic structure of the Constitution of India. The Kodavas have
therefore been given not a right, but a privilege to possess guns by law and
this is governed and regulated by a series of checks and balances to ensure
that this privilege is never abused.
[1] Anonymous, Whose land is it anyway?,
Deccan Herald, (April 19th 2:54pm), https://www.deccanherald.com/content/64710/whose-land-anyway.html
[2] Evan Salinger, The Philosophy of
the Technology of the Gun, The Atlantic, July 24th 2012, https://www.theatlantic.com/technology/archive/2012/07/the-philosophy-of-the-technology-of-the-gun/260220/
[3] First Post Staff, Karnataka HC
upholds Arms Act exemption for Kodavas: History behind community’s right to own
guns without a licence, First Post, (September 25th 11:50 am), https://www.firstpost.com/india/karnataka-hc-upholds-arms-act-exemption-for-kodavas-history-behind-communitys-right-to-own-guns-without-a-licence-9997321.html
[4] A J Curgenven, The Hukumnama of
Lingarajendra Wodeyar, Raja of Coorg, Mercara 1911
[5] Horamale, Guns & Kodavas – The
Rite of Passage, Coorg.com; The land of Coorg, (December 5th 2019)
https://www.coorg.com/guns-kodavas-rite-passage/
[7] Horamale, supra note 5.
[8] Horamale, supra note 5.
[10] The Constitution of India, 1950,
Art. 25
[11] The Constitution of India, 1950,
Art. 26
[12] The Constitution of India, 1950,
Art. 29 (1)
[15] Vikhar Ahmed Sayeed, Tipu – fact
& fiction
[16] International Institute for
environment and development, https://biocultural.iied.org/un-declaration-rights-indigenous-peoples, 26th November 2022
[17] Mohd Aqib Aslam, Firearm Laws in
India and its current scenario, Legal Service India, 20th October
2022, 4:50pm, https://www.legalserviceindia.com/legal/article-6983-firearm-laws-in-india-and-its-current-scenario.html
[18] Kodavas’ right to carry arms extended till 2029, Times of India,
14th August 2022 5pm,
https://timesofindia.indiatimes.com/city/mangaluru/kodavas-right-to-carry-arms-extended-till-2029/articleshow/71830685.cms
Article Information
The Right Of Indigenous Communities To Possess Guns In India With Special Reference To The Kodava Community By: Snehal K Alexander
Authors: Snehal K Alexander
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/04/13
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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