Image: Times of India

The move to restrict sale of pellet or air guns was made after a sustained campaign by animal rights activists and on the recommendation of Animal Welfare Board of India (AWBI).A one-and-a-half decades’ struggle of animal rights activists has finally yielded result as the Central government has ordered that sale of pellet or air guns will be only through a licensed arms dealer.

The MHA has through a notification banned the unrestricted use of pellets against animals, but the Jammu and Kashmir High Court (recently) has not banned their use against civilians in Kashmir. The MHA has reportedly constituted a committee of experts to suggest alternatives to the use of pellet guns. An air gun releasing two joules energy can kill a bird, five joules energy can kill a monkey and 20 joules can kill a human being. 

The Ministry of Home Affairs (MHA), according to PTI, issued this notification protecting animals, very recently. The move to restrict sale of pellet or air guns was made after a sustained campaign by animal rights activists and on the recommendation of Animal Welfare Board of India (AWBI).

The uncontrolled use of pellets by the army, paramilitary and police, on protesters in Kashmir have blinded close to 100 persons, especially young children inside homes had resulted in national and international outrage as most victims have been blinded by the use of pellets banned internationally Official data relating to 45 days of street violence in Kashmir, procured by The Hindu from 10 districts, showed that around 3,000 civilians were injured by pellets and 122 by bullets. This report said that around 51 per cent of the 5,800 civilians injured in Kashmir in the ongoing violence were hit by pellets and most of them were in constituencies represented by the ruling People's Democratic Party (PDP) in south Kashmir. Srinagar, Budgam and Ganderbal districts saw relatively fewer injuries.

According to a notification issued in the case of animals only a few weeks ago, sale and transfer of pellet guns can only be made through a registered arms dealer. Earlier, it could have been procured from toy shops easily. The fresh notification said that “sale, transfer and keeping for sale or transfer of all types of air weapons including air rifles, air guns and paintball markers or guns irrespective of the muzzle energy or calibre or bore shall be only through the authorised arms and ammunition dealers or the air weapon dealers licensed under these rules”.

An air gun having muzzle energy less than 20 joules can only be sold against an identification and residence proof of the buyer and such a gun with muzzle energy of more than 20 joules will be sold only through an authorised arms and ammunition dealer to a valid arms licence holder. An air gun releasing two joules energy can kill a bird, five joules energy can kill a monkey and 20 joules can kill a human being.

So, while the Jammu & Kashmir Bar Association lost its battle to get pellets banned (and the high court there held that until there is violence by unruly mobs, use of force is inevitable.), animals have been protected by this irrational use by the MHA.

[A bench comprising chief justice N Paul Vasanthakumar and justice Ali Mohammad Magrey also declined the plea to prosecute the officers who ordered use of pellet guns or fired them even as it directed the authorities to provide adequate medical treatment to the injured by specialists in or outside the state This plea had been filed in the J & K High Court in late September, seeking a ban on the use of pellet guns in the valley, animals have won this right to be free of being targeted by pellets. On September 21, the court had also said, “ “Having regard to the ground situation prevailing as of now and the fact that Government of India, Ministry of Home Affairs has already constituted a Committee of Experts through its Memorandum dated July 26, 2016 for exploring other alternative to pellet guns….“Before filing of the report by the Expert Committee and a decision taken at the government level, we are not inclined to prohibit the use of pellet guns in rare and extreme situations,” the court said in its order.]

The AWBI was more successful with the MHA. While making its plea to the Union Home Ministry had said that air guns, air pistols or air files procured without a license would adversely affect the animals. Animal right activist Gauri Maulekhi of People For Animals (PFA), an organisation which has been spearheading a campaign for banning unrestricted sale of air guns, said her organisation had received hundreds of complaints about its misuse.

“PFA received hundreds of complaints from people about how their neighbours were shooting stray dogs and how children were doing target practice on birds and other animals. “To us this suggested a trend which led to a stakeholder consultation and then we decided that there should be some kind of restriction,” she said.

PFA had first moved the Delhi High Court in 2000 seeking ban on unrestricted sale of air guns, air pistols and air rifles and secured a favourable order in 2002. However, the order was challenged by National Rifle Association of India and Manufacturers of Toy Airgun, Rifle, Pistol and Pellet Association in the Supreme Court which stayed the high court verdict prompting the activists to approach the government again.

“We told them that a pellet gun is a killer and that gun is going to be used on either birds or squirrels or dogs. It is creating a whole viciousness. You either license them or remove them,” Maulekhi said and expressed her happiness over the government order which was issued in later part of July this year.

References:
As pellet guns continue to be used on protesters in Kashmir, Govt bans their use on animals
 
 

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Security forces are using arbitrary and excessive force in response to protests in Jammu and Kashmir, violating international standards and worsening the human rights crisis in the state, Amnesty International India has said..

On 10 September, a man was killed after being fired at by a pellet-firing shotgun in Anantnag district. Another man in Shopian district died after he was hit on the head by a tear gas shell.

At least 78 people, including two security force personnel, have been killed in the state since 8 July, following protests and violent clashes after the killing of a member of the Hizbul Mujahideen armed group. Some demonstrators have thrown stones and attacked police stations, government buildings and politicians’ homes. Security force personnel have fired live ammunition, tear gas and pellets from pump action shotguns.

At least six people have been killed and hundreds blinded or otherwise injured by pellet-firing shotguns. According to media reports, on 2 September, India’s Ministry of Home Affairs (MHA) approved the use of PAVA (Pelargonic Acid Vanillyl Amide) shells, a chilli-based munition, as an alternative to pellet-firing shotguns, which were to be used only in ‘rare’ cases. However there have been over 100 reported cases of pellet injuries in the first week of September at hospitals in Srinagar.

“Pellet-firing shotguns have injured and blinded even peaceful protestors and bystanders,” said Aakar Patel, Executive Director at Amnesty International India. “Children have been hit by pellets from these shotguns while sitting inside their homes.”

“These weapons are inherently inaccurate and indiscriminate and always carry the risk of causing serious injury to people who are not engaging in violence. There is simply no proper way to use these weapons, and they should be prohibited.”

The UN Code of Conduct for Law Enforcement Officials states that law enforcement officials may use force “only when strictly necessary and to the extent required for the performance of their duty”. The UN Basic Principles on the Use of Force and Firearms state that force should only be used when unavoidable, and law enforcement officials should “exercise restraint” in using force and “minimize damage and injury”. Firearms should not be used “except in self-defence or defence of others against the imminent threat of death or serious injury” and “only when less extreme means are insufficient”.

The MHA approved the use of PAVA shells on the recommendation of a committee formed to suggest alternatives to pellet-firing shotguns. PAVA shells are a form of chemical irritant weapon, which are designed to temporarily deter or disable individuals by producing temporary sensory irritation of the eyes and upper respiratory tract. They are commonly delivered through hand-held sprays, hand-thrown grenades or from weapon launched projectiles. Neither pellet-firing shotguns nor PAVA shells have been used to police protests anywhere else in India.

“Chemical irritants have the potential to be used in an arbitrary or indiscriminate manner,” said Aakar Patel. “Before being deployed, these weapons should go through a rigorous safety, testing and approvals process. Security forces must be trained to use them correctly to reduce the risk of unnecessary injury, and they must be accompanied by clear instructions and warnings on their use, effects, risks, and the necessary precautions to be taken.”

“The concentration of chemical irritants should be as low as possible to ensure that they do not cause unnecessary harm, and to restrict the impact to the persons targeted. Their use must be carefully measured, targeted and controlled, and take into account factors such as the proximity of schools or hospitals.”

The Resident Doctors Association of the Shri Maharaja Hari Singh Hospital – the largest government hospital in Srinagar – and associated hospitals have expressed concern at the proposed use of PAVA shells, which they say can cause a range of eye, lung and skin injuries.

The UN Basic Principles on the Use of Force and Firearms state: “The development and deployment of non-lethal incapacitating weapons should be carefully evaluated in order to minimize the risk of endangering uninvolved persons, and the use of such weapons should be carefully controlled.”

“The continued abusive use of pellet-firing shotguns, along with the deployment of the PAVA shells, is extremely worrying,” said Aakar Patel.

“Law enforcement officials in Jammu and Kashmir must only use force as a last resort after non-violent means have been ineffective, and ensure that any force used is both necessary and proportional. Anyone suspected of using arbitrary or abusive force should be prosecuted.

“The central and state governments need to abandon their heavy-handed tactics in Kashmir.”

MORE INFORMATION

Any new weapons or ammunition intended for use in law enforcement should be considered only if they meet operational needs which cannot be met in any other way. If they are assessed as being needed, they must be rigorously tested on their efficacy, including their accuracy, precision and reliability, and the degree of possible harm and other effects they may cause.

There must be evidence that the use of the weapons complies with international human rights standards, particularly in meeting the principle of proportionality, the prevention of risks for third persons, and the prevention of misuse. Testing should be carried out by an independent body, and the results made public.

Security force personnel must receive adequate training and certification as a precondition before being allowed to use new weapons during law enforcement. The training should also sensitize them on the underlying principles on the use of force.

The use of new weapons must also be subject to thorough reporting, supervision and control mechanisms in order to continually evaluate their effectiveness, effects and risks.

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