Relief was the dominant emotion among the country's burgeoning shooting community on Wednesday. Acting on a petition filed by the National Rifle Association of India (NRAI), the Supreme Court issued a stay order against the Delhi High Court's decision to bring air guns under the purview of the Arms Act of 1959.
"The interim order of the High Court dated 1st November, 2002, shall continue until further orders," the two-judge bench of Justice P Sathasivam and Justice J Chelameswar said in its statement.
A final decision, however, will be taken at a later date after hearing both sides of the case. In 2002, animal rights group People for Animals had filed a petition stating that air guns were used to kill or maim animals and birds, which the High Court had accepted. This prompted the NRAI to seek a review of the order. But in May, the two-judge Bench of Justice AK Sikri and Justice S Muralidhar had ruled against the NRAI's argument that air guns were not firearms.
"It is safe to conclude that air guns, air rifles, air pistols are not mere toys… and they are very much subject to the provisions of the (Arms) Act, being firearms," the Bench had said in its judgment, taking note of the Wildlife Protection Act 1972 to justify its decision.
What the ruling meant was that if an aspiring shooter was ineligible to get a licence under the stringent Arms Act, he/ she would not be able to pursue his/ her interest, unless he/ she was a member of a military mess, a club or a rifle association recognised by the government.
Shooters believe this would have dried up the talent pool emerging in the country, given that children would not be able to target- practice with air rifles and pistols, which are the entry points into the sport. Only after attaining the particular criteria do shooters graduate to .22 bore rifles, pistols and sport shotguns, used in international events other than 10m air rifle and 10m air pistol.
"We are thankful to the honourable Supreme Court for listening to our grievance. This order will further the cause of shooting in the country and will help thousands of shooters, whose weapons are lying at airports for custom clearance," NRAI secretary Rajiv Bhatia told Mail Today.
"The NRAI is grateful to Mr Ajay Maken and the sports ministry, and also the ministry of home affairs for their wholehearted support in this matter." Suma Shirur, the joint world record holder in women's 10m air rifle, said every effort must be made to ensure young shooters don't face such problems again.
"After years of struggle, we were happy that air guns were pretty much free to use, because that led to a big boom in air rifle and pistol competitions, and the better competition ensured a better level of Indian shooting. This is why this stay order comes as a very big relief, but it is still to be seen what the permanent solution will be. I just hope this kind of worry doesn't crop up again," Suma told Mail Today from Navi Mumbai.
Indian Olympic Association secretary general and former Olympic shooter Randhir Singh also welcomed the development."This is great news, because air rifle is the base for all of shooting. There is no way children could have been trained with restrictions in place. Rifle and shotgun shooters are developed through air rifles and pistol shooters through air pistol, and you learn the art of aiming, weapon-handling and all the other basics on air weapons, before you graduate to other things," Randhir, an International Olympic Committee member, said.
Former trap shooter and government observer with the NRAI, Moraad Ali Khan, agreed with Randhir. "Any form of licensing of air weapons will cripple the foundations of shooting. Since India is doing so well in this sport, we need that foundation to be intact. That's why it is a very good order for shooting sports," he said.
http://indiatoday.intoday.in/story/supreme-court-stays-order-classifying-air-guns-as-firearms/1/167363.html
"The interim order of the High Court dated 1st November, 2002, shall continue until further orders," the two-judge bench of Justice P Sathasivam and Justice J Chelameswar said in its statement.
A final decision, however, will be taken at a later date after hearing both sides of the case. In 2002, animal rights group People for Animals had filed a petition stating that air guns were used to kill or maim animals and birds, which the High Court had accepted. This prompted the NRAI to seek a review of the order. But in May, the two-judge Bench of Justice AK Sikri and Justice S Muralidhar had ruled against the NRAI's argument that air guns were not firearms.
"It is safe to conclude that air guns, air rifles, air pistols are not mere toys… and they are very much subject to the provisions of the (Arms) Act, being firearms," the Bench had said in its judgment, taking note of the Wildlife Protection Act 1972 to justify its decision.
What the ruling meant was that if an aspiring shooter was ineligible to get a licence under the stringent Arms Act, he/ she would not be able to pursue his/ her interest, unless he/ she was a member of a military mess, a club or a rifle association recognised by the government.
Shooters believe this would have dried up the talent pool emerging in the country, given that children would not be able to target- practice with air rifles and pistols, which are the entry points into the sport. Only after attaining the particular criteria do shooters graduate to .22 bore rifles, pistols and sport shotguns, used in international events other than 10m air rifle and 10m air pistol.
"We are thankful to the honourable Supreme Court for listening to our grievance. This order will further the cause of shooting in the country and will help thousands of shooters, whose weapons are lying at airports for custom clearance," NRAI secretary Rajiv Bhatia told Mail Today.
"The NRAI is grateful to Mr Ajay Maken and the sports ministry, and also the ministry of home affairs for their wholehearted support in this matter." Suma Shirur, the joint world record holder in women's 10m air rifle, said every effort must be made to ensure young shooters don't face such problems again.
"After years of struggle, we were happy that air guns were pretty much free to use, because that led to a big boom in air rifle and pistol competitions, and the better competition ensured a better level of Indian shooting. This is why this stay order comes as a very big relief, but it is still to be seen what the permanent solution will be. I just hope this kind of worry doesn't crop up again," Suma told Mail Today from Navi Mumbai.
Indian Olympic Association secretary general and former Olympic shooter Randhir Singh also welcomed the development."This is great news, because air rifle is the base for all of shooting. There is no way children could have been trained with restrictions in place. Rifle and shotgun shooters are developed through air rifles and pistol shooters through air pistol, and you learn the art of aiming, weapon-handling and all the other basics on air weapons, before you graduate to other things," Randhir, an International Olympic Committee member, said.
Former trap shooter and government observer with the NRAI, Moraad Ali Khan, agreed with Randhir. "Any form of licensing of air weapons will cripple the foundations of shooting. Since India is doing so well in this sport, we need that foundation to be intact. That's why it is a very good order for shooting sports," he said.
http://indiatoday.intoday.in/story/supreme-court-stays-order-classifying-air-guns-as-firearms/1/167363.html
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