Gun Violence: A Global Challenge with Local Nuances

Abstract:

Gun violence is a devastating issue plaguing many countries worldwide. The complexities of gun violence, ongoing debate in the United States regarding the Second Amendment and gun control and comparison of legal frameworks of the US and India, specially Bihar and Uttar Pradesh.

Introduction

Gun violence is a global public health concern, claiming countless lives and shattering communities. From mass shootings to intimate partner violence, guns are a significant factor in a wide range of violent crimes. “The Second Amendment and the US Debate”- guarantees the right to bear arms: "A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed"[1]. This amendment remains a central point of contention in the ongoing debate about gun control in the US. Proponents of gun rights argue that it protects the right of individuals to self-defence and to resist potential government tyranny. Opponents argue that the amendment was written in a different historical context and that reasonable restrictions on gun ownership are necessary to curb gun violence. The US has a long history of gun ownership, deeply ingrained in its cultural identity.

India, has a much stricter approach to gun control. The Arms Act of 1959[2], a law passed by the Parliament of India, regulates the manufacture, sale, possession, and use of firearms. Obtaining a gun license is a complex and time-consuming process, with strict background checks conducted by the Ministry of Home Affairs. The regulations also limit the number and type of firearms a civilian can own. This stringent regulatory framework has resulted in significantly lower rates of gun violence compared to the US.

Present Situation of Gun Violence in India

While India's gun homicide rate is significantly lower compared to developed nations, gun violence remains a concern in certain areas. Gun violence is more prevalent in certain states like Uttar Pradesh, Bihar, Jammu & Kashmir, and some parts of North-East India. Majorly Bihar and Uttar Pradesh (UP) are two Indian states with a concerning prevalence of gun violence and illegal weapon manufacturing. Both states consistently rank among the top in India for illegal firearm seizures and gun-related crimes.

• Factors like historical conflicts, gang activity, and political tensions contribute to this violence.
• Munger in Bihar and some parts of western UP are notorious for illegal weapon manufacturing. These cottage industries produce everything from single-shot pistols to sophisticated firearms at a fraction of the legal cost. Munger, once known as the "City of Guns," has a long history of illegal weapon manufacturing. Despite police raids and crackdowns, the industry persists due to high demand and lax enforcement.
• Porous borders, weak enforcement mechanisms, and corruption hinder efforts to control illegal gun manufacturing and trafficking. While not as concentrated as Munger, illegal weapon manufacturing exists in pockets across western UP. The porous border with Nepal and a culture of violence contributes to the problem

The situation remains complex, and a multi-pronged approach is needed to effectively control gun violence and illegal weapon manufacturing in Bihar and UP. According to the GunPolicy.org database, India's firearm homicide rate per 100,000 population is 4.1 (as of 2019), compared to the global average of 11.1 and the US rate of 4.5.

Legal framework

The major law governing firearms in India is the Arms Act, 1959. This Act regulates the acquisition, possession, manufacture, sale, import, and transport of firearms and ammunition. Here are some key sections of the Act relevant to gun violence.

Arms Amendment Act, 2019[3] introduced some changes relevant to gun violence:

• Reduced the number of firearms an individual can acquire from 3 to 2.
• Increased the validity of licenses from 3 years to 5 years.
• Introduced specific provisions on curtailing the use of licensed weapons to ensure social harmony.

Case laws:

Despite the fact that India has a low rate of gun violence some important case laws that touch arms act of India are:

• Prem Nath vs. Union of India (1997): This case upheld the constitutional validity of the Arms Act, recognizing the state's power to regulate firearms for public safety.
• People's Union for Civil Liberties vs. Union of India (2014): The Court directed the government to frame a national policy on the safe custody of weapons and ammunition, aiming to minimize accidental shootings.
• National Rifle Association of India vs. Union of India (2014): The Court clarified the scope of granting licenses under the Arms Act, emphasizing the need for a proper background check and due diligence before issuing licenses.

In United States, the Second Amendment to the US Constitution guarantees the right to bear arms, leading to a complex legal landscape regarding gun control. Here are some landmark cases:

• District of Columbia v. Heller (2008): This case established an individual right to possess firearms for traditionally lawful purposes, such as self-defence, within the home.
• McDonald v. City of Chicago (2010): Extended the Second Amendment right to bear arms to state and local governments, making it harder for them to enact stricter gun control measures.
• New York State Rifle & Pistol Association, Inc. v. Bruen (2022): This recent case narrowed the scope of permissible gun control restrictions. It requires any new gun restriction to be consistent with the "historical tradition" of firearm regulation in the US.

(The Second Amendment right to bear arms doesn't exist in India, giving the government more regulatory power over firearms. This impacts how courts approach gun control issues in each country.)

Suggestion:

Gun violence in India, while statistically lower than in some developed nations, requires a multi-faceted approach for control. Stricter enforcement of the Arms Act, including tighter border controls and a centralized firearms database, can curb illegal gun circulation. Public awareness campaigns on gun safety and responsible ownership alongside improved mental health services can address potential misuse. Furthermore, tackling the root causes of violence through socio-economic development and conflict resolution initiatives can create a more peaceful environment. Reviewing licensing procedures and potentially restricting access to certain firearms might be considered. Finally, international cooperation on information sharing and gun control regulations can further strengthen India's efforts in combating gun violence.

Conclusion

Gun violence is a complex issue which has no precise of direct solutions. The contrasting legal frameworks of the US and India highlight the importance of tailoring gun control measures to a nation's specific social and cultural context. While the Second Amendment presents a unique challenge in the US, evidence-based solutions that prioritize public safety can still be implemented. Open and honest dialogue about gun violence, coupled with a willingness to consider a combination of regulatory and social interventions, is crucial in finding solutions to this global challenge. India, being one of the most populated countries, give birth to a number of criminal activities as well. It is quite difficult to observe what is being done in each and every household, in states of UP, Bihar, Kashmir, areas of West Bengal gun making is done manually, and involves child labour, this activity alone is a root to many other crimes. Ground level investigation as to find sources of raw material, reason behind manufacturing such weapons can help curb this growing issue.

Author's Note:

This article is an entirely original work, never before submitted for publication. It is intended solely for academic and scholarly discussion. The author takes personal responsibility for any potential infringement of intellectual property rights.

Author Profile:

Sneha, 3rd year student of LL.B. Professional course, Department of Law, Kurukshetra University, Kurukshetra.

[1] “Second Amendment” (Constitution Congress Government, June 23, 2023)

https://constitution.congress.gov/updates/accessed May 31, 2024

[2] “Indian Arms Act 1959” (Sirsa Police, 2021) https://sirsa.haryanapolice.gov.in/indian-arms-act-1959.html accessed May 31, 2024

[3] “The Gazzete of India” (Act And Rule the Arms Act, December 2019) https://www.mha.gov.in/sites/default/files/ActAndRuleThe%20ArmsAct_17122019.pdf accessed May 31, 2024