Strategies for
National Regulation
of SALW
Dr. W. James Arputharaj,
Asian Youth Centre, India
Strategies for National Regulation of
SALW
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Gun Licenses are easily available in India especially in
Haryana:
Tanvi Dhamija's suicide on March 4, 2008 in Gurgaon,
Haryana has once again brought into focus the issue of
easily availability of gun licenses in the state.
The spread of money because of booming realty and
also to make a show of it during public functions has
been picking up in Gurgaon, Haryana. The government
looks helpless as aspirants manage to get licenses
using money, muscle power and political clout.
Strategies for National Regulation of
SALW
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The district administration of Gurgaon issued 651
individual gun licenses in 2006-2007 against 156
licenses in 2005.
The number of gun incidents during marriage parties is
also on the rise and a couple of youth have lost their
lives. The Haryana Government has blamed the
deteriorating social values and not the government's
slackness in issuing government licenses.
In some parts of India a locally made gun can be bought
for US$ 6-10 and it is also available for rent for US$ 2 a
day.
Strategies for National Regulation of
SALW
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There are 1500 gun manufacturing units in Bihar
according to an unofficial survey of Bihar state.
In the state of UP, there are 600,000 people with
licensed fire arms. The capital of UP has 27000
licensed guns and a double of that with illegal sources
of the underworld.
In Nepal and Sri Lanka more that 50% of firearms with
the non-state actor have actually come from pilferages
of the State stockpiles.
Strategies for National Regulation of
SALW
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In Nepal it is alleged that people earlier took to guns for
security and crime but the Maoists insurgency has taken up
arms because of poverty. If there was a provision for more
employment the problem would reduce says Under
Secretary, Government of Nepal, G. Himire.
Pakistan was the largest beneficiary of the Afghan pipeline.
In Darra Adamkhel there are 2600 arms shops and 5 gun
factories. This region alone provides employment for
400,000 people in the Arms trade.
In Sri Lanka besides the theatre of conflict in the North and
East, there are more than 50,000 Army deserters who have
joined the underworld gangs with their guns.
UNPOA:
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Guidance to Member states
Mostly an obligation of the Government
Clauses relate to Supply and Demand side of
the Small Arms Proliferation
National Coordination Point
National Commission on Small Arms
Encourages efforts to prevent small arms
proliferation at the regional level. Unless there
are regional regulations, national regulations will
not work.
UNPOA:
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At the National level it was agreed to put in place adequate
laws, regulations and administrative procedures in order to
exercise effective control over the Production, Export,
Import, Transit or Retransfer of SALW
Laws concerning Possession, Stockpiling and Trade of
such weapons were required to prevent proliferation of
SALW
Concerning Trafficking, circulation, brokering(registration),
tracing, finance, collection and destruction
Appropriate and Reliable Markings, accurate records to
trace the weapons and authenticated end user certificate
UNPOA:
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To ensure that all confiscated SALW are destroyed
To develop and implement, where possible effective
disarmament, demobilization and reintegration program
At the regional level, the POA has agreed to establish
where appropriate, sub-regional or regional mechanism, in
particular trans-border customs cooperation and network
for information sharing among law enforcement, border and
customs control organizations
Point of contact within the regional
Moratoria or similar initiatives in affected regional
organization
Follow up
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83 states have set up National
Coordination Mechanism
133 National points of contact
103 National Reports
National regulations still to address
the following areas:
I Security Sector Reform:
 -Police Training
 -Stockpile Management
 -Disposal of Weapons
 -Skill in the area of crime detection
National regulations still to address
the following areas:
II Control of SALW
 -sharing of info on cross border trafficking
 -Enable setting up a registry for Arms Brokers
 -Guidance on licensing of Guns
 -Marking and Tracing of Guns
 -Setting up a data base to monitor the proliferation
of SALW
 -Amend National regulations, Small Arms
Legislations.
National regulations still to address
the following areas:
III Human Security:
 -Long- Term Planning of infrastructure
development 5 year plans
 -Equitable distribution of resources among
the Districts through dialogue
 -Local governance and Federalism as the
principle of Governance
Review of Small Arms Legislation in
South Asia
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The small arms legislations in Bangladesh, India, Nepal,
Pakistan and Sri Lanka have significant commonalities
due to the existence of a common legislative history as
a result of the colonial past.
The Arms Act of Sri Lanka, Bangladesh, India and
Pakistan have brought in a few amendments to the
1878 Act with the change of social and cultural
advances made in each country.
The Arms Act of 1878 set the parameters for
manufacture, sale and ownership as well as the import
and export of arms.
Review of Small Arms Legislation in
South Asia
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There have been no changes to the Bangladesh Arms
Act of 1878 even after the formation of the Republic in
1971.
In India the Arms Act was amended in 1959 as India
Arms Act 1959. It emphasizes licenses for possession,
manufacture, conversion, import, export and marking of
fire arms.
Section 13 of the Arms Act on granting of licenses is
quite ambiguous to read: "An application for the grant of
licenses shall be made to the licensing authority and
shall be in such form, contain such particulars and be
accompanied by such fee if any may be prescribed."
Review of Small Arms Legislation in
South Asia
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In Nepal in 1962 the Government enacted an Arms and
Ammunition Act which was very strict about fire arms
possession by the general public.
The significant feature of the Nepal Arms Act is that the
section 5A has prohibition to move holding arms during
the period of elections. This refers to the date of
registration of the candidate to seven days after the
declaration of election.
Acquiring licenses under the Act requires submission of
an application in prescribed form to the Chief District
Officer in Nepal.
Review of Small Arms Legislation in
South Asia
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Pakistan Arms Ordinance Act 1965 is similar to the
British Arms Act of 1878.
Sri Lanka Fire Arms Ordinance No.33 of 1916 saw
several amendments including the last Fire Arms
(Amendment) Act, No.22 of 1996. Interestingly the
Ordinance does not define fire arms. It has a provision
in Section 19 for manufacturers to keep registers.
On a comparative analysis the five countries in South
Asia already have regulations with regard to import,
export, transport, domestic manufacture, conversion,
sale, licensing, seizure and penalties.
Review of Small Arms Legislation in
South Asia
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National legislation in South Asia does not address the
issue of brokering whereas the UNPOA in Section 2/14
clearly stipulates this.
With the exception of Sri Lanka and India, the other
three countries do not specifically address the marking
of each and every fire arms that are manufactured.
UNPOA section II, 7,8 and 10 stipulate this.
In Bangladesh, Nepal, Pakistan and Sri Lanka there are
no provisions for record keeping.
Conclusion:
Therefore there is greater need in South Asia to
focus on amending National Fire Arms Act in line
with the UNPOA and the changes subsequently.
Civil societies have done tremendous work in
terms of bringing awareness, some work has
also been done on addressing the demand
factors. However influencing the Government on
national regulations is an neglected area.