Recently, the Rajasthan High Court held that the growing trend of weapon possession among individuals is more motivated by a desire to flaunt it as a 'status symbol' rather than for self-defense.
The bench of Justice Anoop Kumar Dhand emphasized that carrying and possessing firearms is a statutory privilege, not a fundamental right. The Court clarified that no citizen has an unrestricted right to carry a firearm, as it is not guaranteed under Article 21 of the Constitution of India.
“The object of the Arms Act was to ensure that weapon is available to a citizen for self-defence but it does not mean that every individual should be given a licence to possess weapon. We are not living in a lawless society where individuals have to acquire or hold arms to protect themselves. Licence to hold an arm is to be granted where there is a necessity and not merely at the asking of an individual at his whims and fancies,” it added.
Case Brief:
Advocate Mahendra Sharma represented the petitioner.
Advocate Suman Shekhawat represented the State.
Website designed, developed and maintained by webexy