
Wrong call: On Assam and arming civilians
It is well understood that in modern states, the monopoly over instruments of violence will remain with the government and its law enforcement agencies. In India, arms licences are issued in a restricted manner as a delegated and a limited right to self-preservation to select individuals through a stringent licensing process under the Arms Act, 1959 and the Arms Rules, 2016. These rules under the law preclude the provision of such licences to larger, identified groups — where identification itself could be fraught with the risk of conflicts — as they not only present administrative challenges but also make it difficult for the government to license, monitor and recover firearms as the law requires it to. Arming civilian groups, even with an intention to do so with some stringent implementation, runs the risks of having these weapons entering grey markets and falling into the wrong hands, besides designating those groups with an authority that could backfire on the state. This was evident when security forces in Chhattisgarh arming civilian groups for protection against the Maoist threat — in the Salwa Judum campaign in the late 2000s — led to severe human rights violations and lawlessness, before the Supreme Court of India intervened to deem the policy to be illegal. Considering these problems, Assam must reverse its decision.
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