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CNC Delegation Submitted a Memorandum to Former Speaker of Karnataka Legislative Assembly Shri K.G Bopaiah regarding the creation of Coorg Development Board under Article 371 2 photos English & Kannada Memorandum and 1 Covering Letter and 1 CRC repor

To,                                                                                                                                                  05-10-15.

1. His Excellency

The Hon’ble President &

Sovereign Republic of India

Raisina hills, Rashtrapathi Bhavan

New Dedlhi – 01

2. The Hon’ble Prime Minister  

Sovereign Republic of India,

South Block, New Delhi – 01

3. The Hon’ble Union Minister of Home Affairs,

Govt of India, North Block New Delhi - 01

4. Shri Meer Aneesh Ahmed IAS

The Hon’ble Deputy Commissioner

Kodagu Madikeri (Coorg)

5. To Shri Pratap Simha ji,

The Hon’ble Member of Parliament,

Mysore- Kodagu 

Through the Deputy Commissioner of Kodagu / Coorg

 

Dear Sir,

Sub: PIL initiated against the special privilege offered in the Indian Arms Act 1959 in Section 3&4 for Codavas and Jamma holders to carry fire Arms   is a negation of snatching of the privilege so offered. - let not the Govt Violates the fundamental rights and our human rights as are enshrined in the Constitution of India by disturbing the entire class of Codavas who are known to be very strict, patriotic and loyal to our great Nation. The enigma so generated should stop at once. There is no locus stand. Hence the petition filed by mallafied intention may be closed in the interest of justice and equity.-  A Human Chain program by Codavas on 09-10-2015 in the G.T circle Madikeri

Ref:

          Firearms for Kodavas: HC asks petitioner to move Centre

The Karnataka High Court on Wednesday disposed of a PIL petition questioning exemption given to Kodavas and Jamma land holders in Kodagu district from obtaining a licence to possess firearms under Section 3 and 4 of the Indian Arms Act, 1959.

A Division Bench, comprising acting Chief Justice Subhro Kamal Mukherjee

 

 And Justice B.V. Nagarathna, asked the petitioner, Chethan Y.K, a resident of Bengaluru, to submit a representation on his grievance about exemption to the Union Ministry of Home Affairs within two weeks.

The Bench also asked the Secretary, MHA to dispose of the representation within three months.

 

1963 notification

As per a notification issued on July 6, 1963, under the Arms Act, “every person of Coorg race (Kodavas) and every Jamma tenure holder in Coorg” are exempted from securing licence for possessing firearms.

Claiming that the continuation of the exemption, granted to some class of persons by the British government in pre-independent India in furtherance of their divide-and-rule policy, was unconstitutional, as it was based on irrational, fictitious and discriminatory grounds, such as race and ancestral land tenure, it was contended in the petition.

Since the matter involved happened to be a thing connected with Codava Race and its ancient heritage we seem it fit to oppose the subject matter which happend to be the theme of an PIL writ petition initiated by one Mr. Captain Y.K Chethan, a retired short service commissioned Officer and we oppose the move with all sincerity and vehemence. The Hon’ble High Court while disposing of the PIL directed the petitioner to make a regular application to Union Ministry of Home Affairs within 2 weeks seeking relief thereafter and also the Hon’ble High Court directed the secretary MHA to dispose of the petition within 3 months after such a petition is to be filed within 2 weeks after Hon’ble High Court handed down the judgement. Even before we touch the subject in question we proposed to remind all the concerned that such previlages as is in question just now is simply not restricted to Codavas by race. For instance Naga’s are empowered to carry and retain a long metallic sphere with each of them every time. Sikhs have right to carry sharp sword with them every time, Gorkha’s can carry Kukri’s and Mizo’s are empowered to retain and exhibit their ancient customary rights. For instance a Khalsa Regiment strictly only to Sikhs a Regiment in Indian Army and it has permitted the carrying of a 1 feet Sword by every Sikh component. In the like manner there are Regiments under the name and style as Gorkha regiment which has been empowered to carry a Kukri by every Gorkha soldiers. After all all such rights and practices have been drawn from respective ancient practices and Folk legal systems strict only to such of the racial groups from time immemorial. Those British rulers have continued the ancient rights and such things never been the result of their imagination. After all our Constitution came into being only in the year 1950. Nothing of the said practice is in violation of the privileges extended

 

 under article 14 of our constitution.

In fact our Constitution is the continuation of the legacy of the West Minister system.

Afterall a good majority of all the provisions of our Constitution used to be in existence legally much prior to the coming into the practice of our Constitution. Take for instance the Patriarch of our Constitution i.e MAGNA CHARTA – the Great English Charter of Liberty got from King John in 1215 and

the Govt of India Act 1935 came into being by the Britishers only and both the Statutes have been handed down and strictly implemented by the British Rulers only. This does not stop with that our major enactments are the legacy of British Govts in essence the theme involved in IPC and CRPC in effect are the continuation of the legislation practiced by British rulers only and abolition of Sathi act, Widow Remarriage act and abolition of Child Marriage act all are the legacy of Britishers.

            In order to curb the Criminal activities of “Pindari” resistance in and around Rajasthan and Madhya Pradesh during the period of Sipoy Mutiny the British Govt has envisaged and introduced “Pindari” Act. Pindaris are known to create law and order problem in the area and banditry coupled with killing and looting of weapons from British Army and properties and their activities against the state incidentally “Sipoy Mutiny” also did so their atrocious behavior against the State which forced the British govt to introduce a “Pindari” Act and Disarmament Act. Fortunately not a single word about any Codava rising in Mutiny with the help of fire arms against the Govt for a single Moment. It is only in order to continue the special privileges accorded to Codavas to carry and retain Fire arms. The far sighted Mark Cubban has promulgated and has supported Codavas to continue our rights and privileges. The promulgation of Mark Cubban reads thus.

Notification 26-02-1861

“ in consideration of the exalted honour, loyalty and intrepidity, characteristics of this little Nation of warriors and in recollection of its conspicuous services in aid of the British Govt, it is my pleasing Duty to notify hereby, for general information, in virtue of the power vested in me by the Govt of India, that the provisions of the act, commonly called disarming Act are not applicable to the gallant people of Coorg”

Signed.                                                                                                                                         M.Cubbon,

                                                                             Commissioner    

Using of Gun is a customary practice amongst Codava Race. During the Male child births in the family, during Marriage celebrations and Rituals connected with deaths in the family and all festivals, no Codava is known to have misused fire arms against the State,

  1. During Freedom struggle
  2. When Coorg State become merged in the year 1956 with the state of Mysore, now Karnataka.
  3. During the period of Emergency in the year 1975.
  4. During the period of periodic General Elections and
  5. During the change of Govts.   

Afterall fire arms to every Codavas is an Article of Worship and great reverence always reposited under the “Nellakki Nadubade” of every “Ainmane” and

individual Homes. Fire Arms is as well a religious symbol and cultural emblem for every born Codava. Nodoubt true it is a part and partial of every Codava traditional attire with, Kupya (Long Coat) Peechi Katthi, Qumar Bandh and Fire arms is complete and Codava traditional attire becomes complete with such articles only. Every ancient Codava used to posses and carry sword, Bow & Arrow along with sphere. Until such times when Babar introduced fire arms weapons in India.

            The present PIL in question is an example of normal behavior of intruders, money bags and interested Tycoons swarming into Kodagu from outside with a solitary intention of Disarming of Codavas in order to enliven their evil designs have been propagating the theme against the special privileges of Codavas to carry Fire arms. At the same time the Govt of Karnataka which also has been trying to curb and eliminate Codavas is supporting such evil designs of the present writ petition. It may be understood that the Govt of Karnataka with an idea of avoiding comments and revolt from Codavas as instigated someone to filing of the PIL.

The main theme of our Constitution is to protect the Unity in Diversity & Diversity in Unity of our Demographic Mosaic within amongst the citizens of India. It is with such an idea only our Constitution has extended reservations to various tribal groups scheduled castes and special protection for religious, linguistic and ethnic minorities and their respective languages.

More ever our Govt has continued the legacy of the British rulers in keeping alive such caste based traditions and formalities touching groups and caste and communities in India For Ex: there is a Coorg 37  Medium rifles for Codavas and Coorg, there is a Sikh / Khlasa regiment for Sikhs, likewise  there is a Rajputhan regiment for Rajputs, Marata regiment for Marathas, Mahar regiment for Mahar dalits, Kummou regiment for Kummou people, Gadwal regiment for Gadwal people, Jaat regiment for Jaats, Dogra regiment for Dogra people, Gorkha regiment for Gorkha people etc, etc and nothing is opposed the theme has enshrined in our Constitution.

As regards the protection for land tenure held by different class of

 

people has enshrined in our Constitution, the relief sought for by the petitioner against protection of Land tenure extended to Codavas his claim becomes a nullity in law if the Govt taken in account such special prevelege extended to different classes of peoples to hold lands such as Kashmiris under article 370 and the people of the 8 North Eastern states in India under Article 371 of our Constitution. Simply said the existence and belief of our Nation hood is akin to a common banquet with a variety of flowers and the same is enlivened in our Constitution. Strictly said the petition reflects the mental derangement of the person the writ petition is seem to have known the existence of different classes of people with different belief language and customary practices and folk legal systems in India. Strictly speaking the PIL writ petition is amounts to insult the flowering constitution of India and Nothing more than that. Therefore we desire that Govt be pleased to extend all the clauses touching the special privileges are mentioned above to Codavas should continue without any hindrance, let not the Govt Violates the fundamental rights and our human rights as are enshrined in the Constitution of India by disturbing the entire class of Codavas who are known to be very strict, patriotic and loyal to our Great Nation. The enigma so generated should stop at once. There is no locus stand hence the petition filed by mallafied intention may be closed in the interest of justice and equity.

Thanking you,

 

    With warm regards 
                                                                                                                N.U. Nachappa Codava
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                                                                                                                Codava National Council/CNC 
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