FP Exclusive: Sharp-Edged Weapon Punches Holes In Arms Act's Balloon

Ujjain (Madhya Pradesh): While district administration did not take him as the sharpest tool in the shed for his application, Subhash Singh Tomar has had the last laugh as he managed to get a licence for the sharp-edged weapon after slogging for seven long years. Tomar secured orders from court of Indore divisional commissioner for availing a sharp- edged weapon for his personal security on September 12.

In 2017, Tomar felt fear for his life as he had to undertake field work in remote areas and resultantly sought a licence for a sharp-edged weapon which could act as a deterrent to potential threats. Shocking to his dismay, district magistrate’s office informed him that there is no established procedure in place for issuance of licences for sharp-edged weapons.

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This was in contrary to gazette notification dated November 22, 1974, which mandates a licence for sharp-edged weapons exceeding six-inch in length and two-inch in blade width, or any pointed knife. Tomar’s subsequent quest for licence unravelled a complex legal and administrative quagmire surrounding the licensing and regulation of sharp weapons, particularly knives and swords, thus highlighting apparent inconsistencies in enforcement and procedural ambiguities.

The inconsistency in enforcement became evident as prominent political leaders were observed wielding sharp-edged weapons publicly without legal repercussions, while ordinary citizens faced legal action. Such a disparity prompted Tomar, who hails from Ujjain and works in Indore, to file an application under the Right to Information Act at collectorate. Despite the first appellate authority’s order, the required information was not provided, forcing him to approach the State Information Commission (SIC), Bhopal.

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The SIC’s intervention revealed that licences for sharp-edged weapons were issued in Indore division in 1967 and 1981. The Ministry of Home Affairs (MHA) in Delhi clarified that the Arms Act does not provide a specific definition for “sharp-edged weapons,” complicating the regulatory framework further. In response, Tomar filed a writ petition through his counsel Vishal Shrivastava in Indore High Court for the pro bono legal support which was initially converted into public interest litigation (PIL) by a single bench.

However, the division bench later reclassified it as a personal writ petition and dismissed it with liberty. Subsequently, Tomar filed another writ petition for the pro bono legal support, which resulted in an order directing the ADM (Arms) to decide the application within four months.

Upon submitting the application at the collectororate, it was discovered that there was no procedure available in the online system for processing sharp-edged weapon licences. Officials advised the applicant to contact the MHA. A significant hurdle in issuing these licences is the lack of unique identification numbers on sharp-edged weapons, as their manufacturing is unregulated and no standard for marking exists.

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In the compliance to the second order of High Court, the application of Tomar was processed with a lightning speed. But in the police verification despite having clean character report the concerned DCP put a note ‘Not Recommended’. Relying on it, the ADM declined the licence. Aggrieved over ADM’s order, Tomar filed an appeal in the court of divisional commissioner, Indore. After listening arguments, the commissioner on September 12 passed an order to give licence for sharp edged weapon to him. Perhaps it is the first licence for sharp edged weapon in the modern India.

Talking to Free Press, Tomar said that the ongoing legal and administrative challenges underscore the urgent need for clarity and consistency in the regulation of sharp weapons. This case highlights broader issues in the enforcement of arms regulations and the need for comprehensive reforms to address inconsistencies and procedural gaps. “It is the fruit of relentless legal fight for 7 years to discover the anomaly in the Arms Act,” he said, adding, “If remedial action is taken by the government regarding licensing procedure of sharp edged weapon by implementing licensing system for manufacturer and common people who seek licence will generate ample amount of revenue to the exchequer.”