Kodavas can carry firearms without a license: Karnataka HC

Kodavas can carry firearms without a license: Karnataka HC

On Wednesday the constitutional validity of the privilege granted to the Kodavas was upheld by the Karnataka High Court granted in the case of Capt. Chetan YK (Retd.) v. Union of India. The exemption enables the Kodavas to possess firearms without a license under the Arms Act, 1959.

Acting Chief Justice Satish Chandra Sharma and Justice SS Magadum passed an order stated, 

“The Kodava community which is a marshal community has been enjoying the benefit of exemption since pre-independence and Jumma tenure holders are enjoying the exemption since the pre-independence period. They have rightly been granted an exemption for ten years, it is not the case they have been granted exemption indefinitely. The exemption granted is subject to certain terms and conditions. Therefore, the Constitutional validity of the notification is upheld in the petition.”

The court derived permissibility for the exemption under Article 14. The Hon’ble court further added that “from the documents, it can be concluded that the Kodavas race are considered as marshal races and have been enjoying this exemption since 1890.”

The court stated, the reason behind the exemption is the firearms are used for self-defence. The notice was issued in July and the matter was reserved for judgment. 

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I am Drishti Miglani, a fifth-year BBA-LLB student at Banasthali Vidyapith, Rajasthan. Being a first-generation lawyer, I am a highly motivated individual who is always keen on providing my level best at any task. My area of interest is criminal and constitutional law however isn't limited to the same. I am extremely enthusiastic about research and love the opportunity to expand my horizons of knowledge. I am an extremely unbiased individual who makes her opinion on a matter only after the analysis of a subject at the most minute details. I love to connect with people and know more about them, their culture, background. I look for opportunities to implement my skills and knowledge and gain some experience out of it.