The Supreme Court on Monday expressed its distress at a large number of cases concerning the possession and use of illegal guns in Uttar Pradesh while noting that the right to bear firearms is not a fundamental right under the Constitution.
A Bench of Justices K.M. Joseph and B.V. Nagarathna said the phenomenon was “disturbing”, to say the least.
The Bench was hearing the bail application of an accused in a murder case.
“There is no such right in India unlike the U.S. where the right to bear firearms is a fundamental right in the Constitution,” the Bench said.
The Indian Constitution gives great significance to preservation of life. The proliferation of illegal and unlicensed weapons has to be stopped. If not, it would serve a huge blow to the rule of law, the court said.
It asked the Uttar Pradesh government to file an affidavit detailing the number of cases registered on the use and possession of unlicensed firearms and their current status.
The Bench remarked that the use of guns and weapons represented a feudal mindset.
