Mr.Anurag Tewari, Chief Guest for 6th Annual athletic meet held on 16 Oct 2013. Image Courtesy: Sainik School
By T.C.Thammaiah
The Deputy Commissioner (DC) of Kodagu, Mr.Anurag Tewari, who is also the District Magistrate (DM) is prolonging the issuing of exemption certificates (EC’s) by seeking clarification from his higher ups over non-issues.
The act is very clear, persons of Coorg (Kodava) race and person owning jamma tenure lands in Kodagu District are exempted from sec. 3 & 4 of the Indian Arms Act. Hence, persons belonging to either of these two categories need not obtain a licence to posses Arms and Ammunition. This exemption granted under sec. 41(1) of the Act by the Govt. of India says the exemptees are “Every person of Coorg race and every jamma tenure holder”.
Exemption Certificates (EC) were being issued by the District Magistrates or Deputy Commissioner of Kodagu to those persons who are eligible /entitled for that [to those who sought E.C’s]. Till recently persons of Coorg race & persons owning jamma tenure lands used to get these E.C’s without any difficulty. But, since some months now the District Magistrates office [D.C. office] is not issuing the E.C’s.
The reason, it appears is that some doubts have cropped up in the mind of the Dist. Magistrate, as to who the persons/category of persons entitled for the exemption granted by the Govt. of India vide notification No. SO.1920 dated 6-7-1963. The inference of the D.M. is that since the exemption clause says “Every person of Coorg race and every jamma tenure holders in Coorg”, to get exemption the person must not only belong to the Coorg race but he should also be a jamma land holder. It appears, under this notion, he has written a letter, on 26-9-2013, to S. M. Patnayak, secretary, Home Dept. Bangalore, Seeking clarification, from the Govt. He has Sought clarification on the following points:-
1. As to whether Exemption Certificates [E.C’s] should be issued only to those persons who fulfil the two conditions in the notifications i.e. one must be a Coorg by race and also a jamma tenure holder.
2. Some persons belonging to Coorg race do not own jamma lands. Whether such persons are eligible for the exemption?.
3. Some persons are owning jamma lands, but they do not belong to Coorg race. whether they are entitled for the exemption?.
4. In some R.T.C’s extent of land [area in a sy. no] is small but, the number of owners are many. Whether E.C’s can be issued to all of them [In case they apply for E.C’s] ignoring the extent of jamma lands they have?.
5. Whether N.O.C. can be issued to the E.C. holders to bring guns from outside the state?.
In this regard I have contacted some senior advocates for their opinion. All of them are of the view that there is no ambiguity in the notification of India. According to them there was no necessity to seek clarification.
Plain reading of the notification reveal that the words “Every” in the notification [which says every person of Coorg race & every jamma tennure holder in Coorg] is used twice. Once referring to person of Coorg race and for the second time referring to jamma tenure holders. This reveals the fact that person belonging to Coorg race need not be a jamma tennure holder and a jamma tenure holders need not be a person of Coorg race, to be an exempted under the afore said notification.
If the contention of the D.M. is accepted by the Govt. then, I am afraid to say, that only the people of Coorg race owning jamma lands will be eligible for the exemtpion and non Kodava’s will be deprived of the exemption, even if they own jamma tenure lands. This should not happen.
As regards the query no. 4 my opinion is that no where in the Arms Act, is it stated that the exemptees cannot not bring weapons from other states. When there is no specific ban in the Act, the objection for issuing the N.O.C. to the exemptees, [which is mandatory under rules 50] to bring weapons from outside the state is not sustainable. Exemptees are exempted only from sec. 3 & 4 of the Act. Hence, rule 50 applies to the exemptees also.
For the original inhabitants of Kodagu, a weapon (firearm) is not only a firearm it is also a venerable item and a must for all their rituals. So will the D.M. reconsider the issue and continue the issuance of exemption certificates without any hindrance, only time will tell.
