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Indian Arms Act

Exemption to Hold Arms as a matter of inherent right for Codavas; Amend the constitution - An Agitation by CNC on 22nd August.
 

           In recognition of chivelry, honesty, integrity and loyalty, Mr. Mark Cubbon, the then Chief Commissioner of this tiny nation, in the year 1861 exempted Codavas by race from the mischief of certain restrictive provisions of Arms Act, nick-named as Disarming Act, and later in the 1963 the Government of India continued the exemptions there under so granted as mentioned earlier until 31 May 1965. No doubt that there has been some pressure from other quarters to withdraw the exemptions, but at the intervention and on the recommendations of Mr. T P Issar, the Deputy Commissioner of the District, a fresh, rather refreshing, notification Vide No. F/17/1/66 F LV dated 26th October 1966 the government of India deleted the words ‘until 31-05-1965’ from the exemption clause incorporated in the year 1963. Entire Codava race is thankful to Mr. T P Issar for having shown the farsightedness while he eulogized the service of Codavas and our Sincerity in defending the country.

 Worshipping the Weapons and Agro Implements on the occassion of Keil Pould Festival
 

            The main purpose of this write-up is not intended to explain about the nature and pros and cons of the exemption under Arms Act in relation to Codavas are concerned. I may suggest the inclusion of the names of the respective families to which the applicant belongs besides being mentioned about the race. Only thing that the authorities should insist upon is producing some such documents, an affidavit duly sworn such documents, an affidavit duly sworn by the applicant vouchsafing the fact that he or she belong to such and such a family of Codava race. In other words appropriate amendments to the Indian Arms to that effect is very essential at the moment and I insist that the government of India takes appropriate steps towards such an end at its earliest. 

An amendment to the Constitution of India by incorporating special guarantee to Codavas and all such things connected with Codavas including exemption as contemplated in Arms act, which shall have the force of Lexifori. In essence it is the duty of any democratic Government to strive for recognition of such ancient customary laws and traditions, duly preserved, protected and promoted as are nurtured and practiced by a infinitesimally small minority ethno linguistic nationality like Codavas.

 

 
 To: Date: 15.4.2008 
  The Hon’ble Deputy Commissioner
Codagu District, 
Madikeri – 571 201.
   
 Dear Sir,   
Sub: Direction to deposit fire arms with the respective police stations Until after ensuing elections in Codagu to the effect that if Codavas are Also bound or not by the direction? - A clarification sought for.
Weapon is an article of worship amongst Codavas and it is an inseparable part of Codava heritage.
 

Worshipping the Weapons and Agro Implements on the occassion of Keil Pould Festival

 
  • 1. While inviting your kind attention to the notification you have issued insisting the holders of fire Arms to deposit the same with the nearing police station
  • We would like to seek a logical clarification if the directions projected in the notification/ order encompasses Codavas by race who hold fire arms by virtue of exemption certificate has issued under the Exemption Clause of Indian Arms Act. It may not be an out of place task act if we may be permitted to inform you that Codavas by race are exempted from obtaining a regular license, but instead a via media provision has been incorporated in the Indian Arms Act under which Codavas are not literally required to obtain a license, but instead a simple an exemption certificate from the authorities concerned. In such a manner Ghoorkhas are exempted from seeking a license to hold Kukris and so Sikhs the Kirpan. Only these three groups are traditionally permitted to hold arms without the necessity of regular license.
 
 

2. With such a background we would like to inform you that gun is an inseparable part of Codava custom and heritage. No Codava function, be it is touching the birth of a child, or the death of a Codava or even marriages, Karanang Kodpo and Kail Pold, Puthari festivities. Naming ceremony of new born, sounding of a gun is very essential. In fact we Codavas are governed by folk laws and even Article 51 (a) of our Constitution also assures the protection of folk legal system and customary personal laws of any given small cultural group of people are ethnic nationality in India by directing the respective Governments and people to respect and enliven such an assurance. Other important factor is that the constitutional provision under Articles 25 and 26 also directs all the concerned to preserve, protect and promote the respective religious practices and faiths and freedom of worship of all the sets. Gun is a necessary thing of worship within amongst Codavas. Needless to add that we place the guns at a conspicuous place in our Nellakki Nadu Baade which essentially is the most sacred spot i.e. sanctum sanctorum in each of our homes. Please also be informed that we do not preserve our guns in the armories. Your directions to deposit fire arms with police station amounts depositing of a living person in the mortuary.

 Worshipping the Weapons and Agro Implements on the occassion of Puthari Festival near Nellakki Nadubaade 
 

3. Therefore, we request you to be good enough to clarify your stand. If your purpose is to holders of guns other than Codavas by race, well we appreciate the move, but instead if you insist Codavas by race also to deposit their respective arms i.e. an article of worship, it necessarily is a dangerous hypothesis. We take this opportunity to request you to exempt Codavas from the directions the way it has been done during the period of Mr. Sheshan’s Commissionership (in the year 1994) then election commission had issued a clarification to the effect that the Codavas by race were exempted from such a direction. 

4. Now it is time that you also follow the precedent set by election commission some 14 years ago and try to maintain the peace in the region. But if you insist on the negative please be informed that Codava feeling will be hurt and Codavas will agitate the same.

 Thanking you, Yours Faithfully, 
   (N.U. NACHAPPA CODAVA)
Members Codava Parliament.
 


                                                                               Press Release

   12th October 2009. 
 To,
The Editor/Bureau Chief ,
_________________
________________________.
Sub:

            Human Chain to attract the concern regarding the confusion over exemption certificate to hold guns by Codavas.
Dear Sir,

           We have decided to hold a grand “Human Chain” by Codavas and Codavathis in full Codava costume to oppose the unnecessary confusion that has been created by the Government of Karnataka; or atleast some self magnifying officials regarding the possession of fire arms by Codavas by race and trying to manipulate the existing provisions of law, mixing the same with Jamma property. Even though the relevant provision incorporated in the Indian Arms Act under which Codavas by race are exempted from obtaining license to hold fire arms. And the concerned of the governmental departments are trying to make unhealthy fuss these days. Codavas are pained by the untoward behaviour of the concerned in the governmental offices and are certainly agitated on that score.

           Codava National Council with a solitary intention of educating the concerned touching this subject and hence oppose such a demented explanation for the same. To start with we will hold a “Human Chain by Codavas & Codavathis” in full Codava costume on 16th October 2009 between 10.30 a.m & 12 p.m at General Thimmaiah circle Madikeri. Therefore we request you to be kind enough to do the needful regarding the press coverage and oblige.

 
 Thanking you, Yours Faithfully, 
   N.U. NACHAPPA CODAVA
nachappa@ codavanationalcouncil.com
www.codavanationalcouncil.com
 
 To, 16.10.2009 
 1. Her Excellency The Hon’ble president
Sovereign Republic of India
Rashtrapathi Bhavan, 
New Delhi.
 
 
 2. The Hon’ble Prime Minister
Sovereign Republic of India
South Block, New Delhi.
 
 
 3. The Hon’ble Minister for Home Affairs
Union Government of India
North Block, New Delhi.
 
 
 4. Minister for HRD, Union Government of India
Parliament House,
New Delhi.
 
 
 5. His Excellency The Hon’ble Governor of Karnataka
Raj Bhavan, Bangalore
 
 
 6. The Hon’ble Chief Minister of Karnataka
Vidhana Soudha, Bangalore.
 
 
 7. The Hon’ble Minister for Home Affairs
Government of Karnataka
Vidhana Soudha, Bangalore.
 
 
 Through: 
 
 

The Hon’ble Deputy Commissioner
Kodagu District at Madikeri.

 

 
MEMORANDUM 
 

Hon’ble Sir/ Madam, 

Sub:
Unnecessary harassment being caused by the officials of Revenue Departments to the respective Codava Applicants regarding the issuance of Exemption certificates under Indian Arms Act and the periodic renewal of the same – the obnoxious harassment should at once be discontinued and the procedure what is being followed till recently should be continued – a demand for suitable constitutional protection towards such a direction in the nature of permanent solution. A demand made by Codavas and Codavathis - a human chain programme at Madikeri to attract the concerned, about the exemption certificate to hold guns by Codavas and presentation of a memorandum by CNC in this regard. 

 

 

1. Even though it is not essential to remind all the concerned about the existence of inherent right of Codavas by race to hold arms without being issued with gun license as is required under Indian Arms Act and every born Codava by reason of his / her being a member of Codava race is entitled to hold gun under a simple exemption certificates issued under section 3& 4 of Indian Arms Act. The procedure that has been followed from ages is that enough a Codava produces caste certificate or in the alternative his/ her owning landed property in Kodagu. But the officials concerned now a days deliberately delay the process by remitting such applications to revenue inspector and a revenue inspector to the lower rung official of the revenue department seeking unwanted and unnecessary reports or clarifications whatever they are only in order to harass Codavas and intended also to bring about certain unhealthy changes in the legislation to the detriment of Codavas.
2. The calculated hindrance and the method of harassment evolved by the concerned of the revenue department are: should any one of the members of a Codava family , no matter even from a distant place (a Codava person serving in Defence at J&K or Delhi)he comes from present himself with application or applications of members of his family, the official normally throws the same into dustbin or in the alternative such a person to send each and every applicants with his or her respective applications. If the exemption certificate holder dies his guns should automatically be transferred to his legal hiers, but quixotically enough the revenue department now insist that the dead persons should have been over 70 years of age or in the alternative such a person should have held such gun for a period of not less than 25 years and this again is an unconstitutional procedure wrongfully being implemented by the revenue department and even without any formidable and acceptable reason thereto. Should an exemption certificate holder dies, the gun automatically is deemed to be transferred to his heirs and there has been no insistence from any quarter to deposit the same with the police, but vicious officials of the revenue department directs such legal heirs who might have inherited such gun to deposit the same with the police.
3. The dishonesty in the revenue office has reached to such an extent that they do not even hesitate to spoil such applications without ever taking any step to preserve the same and even goes to the extent of removing the photos there from again to harass the Codavas. 
4. A Codava is a Codava and his caste certificate obtained from Kodagu district is sufficient for all such purposes wherever he resides or whatever job he holds, but the concerned seek to reject the application for reason of such applicant Codavas being the resident of any given place and nobody is practically capable of producing the residential proof certificate as may be desired by the departments. If a Codava serving in Army at Delhi or Kashmir should seek an exemption certificate and the concerned revenue authorities now seek to reject that his or her application on the ground that he or she resident of any given place other than Kodagu. What normally requires is officially stamp and signature of the HQ ( additional DC) of deputy commissioner and district magistrate to the applications and nothing more. 
5. The officials now a days even go to the extent of forbidding any Codava holding a gun by virtue of an exemption to sell or transfer the gun to others. The government must know that all such restrictions should only be made to regular licence holders and never to Codavas who have exemption certificate under Indian Arms Act. It is the inherent right of Codavas to hold guns and exemption certificates as in the case of Sikhs and Gorkhas. It is our customary personal laws which nobody shall attempt to curtail and it extends to the entire world. Such a right is fully protected under article 25, 26 of our constitution (in the manner of religious freedom) and under article 51 (A) of our constitution (in the manner of cultural freedom and promotion) which nobody has powers to curtail, recant or cause changes that fancy. Our traditional costume necessarily includes gun also. As in birth, so in death and all routine worshipping of Codavas needs guns and other weapons and the restrictions unreasonably being implemented just now is a violation of our freedom of religion and freedom of folk legal systems enshrined in the constitution of India. These restrictions only shake the continuation of young poor Codavas who are working as security guards in large numbers in cities like Bangalore, Mysore, Kolkota, Mumbai, Delhi and Chennai and who intend to take up such jobs and it only ruins their future. 
6. It may not be an innocuous act if we recollect a promulgation made by the then Madras Police Commissioner prohibiting Tamilians carrying with them daggers for personal safety and security as has been ordered by the most powerful and iconic Chief Minister of Tamil Nadu, Mr. MG Ramachandran on the ground that such privilege and rights were enjoyed only by Sikhs, Gorkhas and Codavas and none others in India. 
7. Let not the future generation compare Codava Land with “302” IPC, Belgaum as has been called by the Britishers for the simple reason that those people committed heinous crimes even without the help of gun or such other fire arms. A born criminal does not need a gun to commit the crime intended for. 
8. May it be known that Codavas require their fire arms only in order to keep permanent peace and security purpose in Codava Land, the way India possess nuclear weaponry for the purpose of keeping peace and security in the region. It may not be an exaggeration if we are permitted to remind that Codava ancestors i.e. Karonas had evolved such terms and conditions for the user of arms by Codavas which the present governance seek to adhere to the CTBT (Comprehensive Test Ban Treaty) and NPT (Non Proliferation Treaty) in tune with the guidelines framed by the International Atomic Energy Agency regarding nuclear weaponry. 
9. Even though Codavas are exempted from keeping fire arms without being issued the gun licence, Codavas are not known to have carried guns with them for decency sake, but the present day self proclaimed leaders such as BKU leader Mahendra Singh Tikaith of Western Uttar Pradesh carry guns along with him and so others even going to law courts without the aid of any licence or exemption certificate. 
10. Let not the exemption given to Codavas by race be mistaken with the holders of jamma land, because if jamma tenure goes, the right appended thereto also goes; without mistake to hold guns by virtue of exemption certificate connected with jamma property. The benefit of exemption certificate by virtue of being a member of the Codava race does not obliterate under any circumstances. 
11. We are glad to reproduce the proclamation made by Mark Cubbon in relation to the right of Codavas to hold fire arms and the sanctity it carries with Codavas. “In consideration of the exalted honour, loyalty and intrepidity, characteristic of this little nation of warriors and in recollection of its conspicuous services in aid of the British Government, it is my pleasing duty to notify hereby, for general information, in virtue of the power vested in me by the Government of India, that the provisions of the Act, commonly called the Disarming Act are not applicable to the gallant Codava people.” (Signed:) M. Cubbon, Commissioner 26th Feb 1861. 
12. Codavas in unison oppose the attitude and harassment adopted by the revenue department regarding the issuance of the exemption certificate under Indian Arms Act these days. The simple procedure what it used to be followed until 2 months back should continue and there shall be the constitutional special guarantee to Codavas in that direction as is done in relation to Zulu tribal in Natal province of South Africa and Naga and Mijos of North Eastern region of India. It has to be treated as a Codavas customary personal law only. 

 

  • Copies forwarded to The Hon’ble Secretary General United Nations Organisation 
  • The Hon’ble Secretary General Amnesty International 
  • The Hon’ble Secretary General European Commission
 Thanking you, Yours Faithfully, 
   (N.U. NACHAPPA CODAVA) 
 

 

Letter for your reference.

 
 1. Her Excellency The Hon’ble president
Sovereign Republic of India
Rashtrapathi Bhavan, 
New Delhi.
 
 
 2. The Hon’ble Prime Minister
Sovereign Republic of India
South Block, New Delhi.
 
 
 3. The Hon’ble Minister for Home Affairs
Union Government of India
North Block, New Delhi.
 
 
 4. The Honourable Minister for Law and Justice,
Union Govt. Of India, ,
New Delhi.
 
 
 5. His Excellency The Hon’ble Governor of Karnataka
Raj Bhavan, Bangalore
 
 
 6. The Hon’ble Chief Minister of Karnataka
Vidhana Soudha, Bangalore.
 
 
 7. The Hon’ble Minister for for Revenue Govt. of Karnataka
Government of Karnataka
Vidhana Soudha, Bangalore.
 
 RESOLUTION / MEMORANDUM 

Respected Madam / Sirs
 
 

Sub: Codava Properties - The unwanted discussion and problems caused should be stopped at once - seeking permanent solution - by means of appropriate central legislation as done in relation to such of the properties in Jammu & Kashmir under article 370 and North Eastern states of India under article 371 of our constitution - baton is passed onto elected representatives from the district. 

CNC Resolved to pressurize both Union and state Governments to respect and respond to the long felt need of Codavas to give a permanent solution to the unwanted and undesirable problem created by the bureaucracy, political entities included regarding the properties of Jamma tenure of Codavas. In actual fact the properties held by Codavas are their own, the ownership having been conferred by alien successive Rajas who ruled Codagu later on by Britishers and the Govt. of erstwhile part ‘C’ state of Coorg touching the properties being possessed and enjoyed by respective Codava clans since from ages and the same are heritable. The word ‘Jamma’ is nothing but a derivation of the word ‘Zameen’, ‘Zameendar’ or ‘Jameendar’ except this the word ‘Jamma’ has no other connotation. Unfortunately for Codavas the word Jamma continued from time immemorial and it has caused a stumbling block to Codavas regarding their unquestioned ownership of the property. 

The ruling class and the men in authority have been creating undesirable nuisance to the owners of the properties for reason best known to them and of course that may be visualised. What Codavas are not ready or willing to part with their properties for any reason and for any duration of time, be it is the Governmental direction or the meddling of Politicians. What Codavas just now require is a permanent solution to Codava properties to the problems generated by rapacious officialdom, brutal politicians the said two classes are understandably acting at the behest of land Mafia and timber Mafia, needless to add that each of their palms are greased. 

Codavas oppose any move to convert the tenure of land as ‘Thari’, ‘Kushki’ or whatever it is and more so Codavas vehemently oppose any move to make such of the properties to be owned by Governments under whatever pseudo.Codava properties shall forever remain with the respective Codava owners only and it should never change hands. Unless the Union Government steps into save Codava properties to Codavas only forever under article 370 and 371 of our constitution by restricting the alienation of the land or any portion thereof in any manner and under any pretext as has been done touching the properties in Jammu and Kashmir and North Eastern States of India. It suggests that the owners would be having absolute right & sovereignty, be it is latent, visible along with the water base. 

Let the political heavy weights of all the 3 leading political party’s representatives from Codagu both in legislature and parliament; Mr. H. Vishwanath, M.P. from Congress party Mr. K.G.Bopaiah Speaker from BJP, Mr. Appachu Ranjan MLA from BJP and Mr. M.C.Nanaiah MLC from JDS, take personal interest in the matter and see that Governments understand the imaginary problem created by the ruling class and bureaucracy and take initiative to pressurize the Government to give a permanent solution by means of central legislation as early as possible. Let Codava properties remain with Codavas only and the problem so generated be given a permanent solution to. Codavas detest the idea of any adhoc arrangements under any hue and colour in this regard . 

All the transfer deeds in relation to Codava properties done already should be nullified by meanse of appropriate central legislation.

 
 Thanking you, Yours Faithfully, 
   (N.U. NACHAPPA CODAVA) 
 Copies marked to:

1. Mr. H. Vishwanath, M.P. from Congress party 
2. Mr. K.G.Bopaiah Speaker from BJP, 
3. Mr. Appachu Ranjan MLA from BJP 
4. Mr. M.C.Nanaiah MLC from JDS,
 PRESS RELEASE 

20 Sept. 2010
 
 

Codava Lands i.e. Jamma & Jamma Malai - protection of - seeking central legislation and constitutional cover under articles 370 & 371 of our constitution as has been done in relation to the properties of J&K state & North Eastern States of India - A Human chain programme on 24 Sept. 2010 at Madikeri. 

It amounts to carrying coals to New Castles if we indulge in explaining the confusion that is being generated by groups of Codavas regarding the ownership and enjoyment of Jamma Properties, we restrict ourselves to the plain truth. If a group compares Jamma properties to ‘Kumki land’ in Dakshina Kannada and ‘Soppinabetta’ in North Canara and insist for the treating of the same to be a state owned property, one other group predominantly consisting of ‘land and timber mafia’ with active support of certain self styled leaders are advocating a plea that it should be treated as common property on the lines of ‘Thari’ and ‘Kuski’ lands as in old Mysore without trying to know what it is and threatens that Codavas will have to lose their properties to the Government should be the same be not treated as common property. Strangely enough that none of the components of such rival groups know anything about what the constitution of India guarantees. 

It may not be an out of place act if we try to compare Codava properties to such properties in Jammu & Kashmir and North Eastern region of India on the basis of unique ethnic features of Codavas by race and it necessiates the overall protection of such rights under article 370 and 371 of our constitution . It definitely suggests that such an enactment will incorporate the ownership over the land, vegetation, water resources, latent, and visible matters without any power inherent in them to alienate the property or any fraction thereof under the pretext. In simple words Codavas should enjoy such property and it goes in their line for ever. With a solitary intention of educating Codavas and also inform the Government about our feelings in this regard CNC is holding a symbolic human chain on 24 Sept. 2010 around 10-00 ‘O’ clock in the morning near General Thimmaya Circle in Madikeri and thereafter a detailed memorandum will be submitted to the Government through the Deputy Commissioner Codagu Madikeri. We sincerely believe that all Codavas will extend their hands in our venture. The constitutional guarantee that we are seeking without any exception also includes the question of hereditary rights to Jamma Malai lands of about 7,500 acres spread over in the district from Chelavara to Iyengeri. We insist for protection of our inherent rights over Jamma Malai on par with other Codava properties. 

We only take this opportunity to question the attitude of the Government of Karnataka while it recommended the matter relating to special package to Hyderabad Karnataka region under article 371 of our constitution, but how come it has deliberately failed to extend such and similar benefit to Codava properties? We want the Government to treat us equally.

 
 Thanking you, Yours Faithfully, 
   (N.U. NACHAPPA CODAVA) 
 REPORT 
 

RECOMMENDATION FOR THE ESTABLISHMENT OF A SEPARATE UNIVERSITY FOR THE STUDY OF “CODAVALOGY”, CODAVA LANGUAGE AND CULTURAL HERITAGE AND CODAVA RACE, PREFERABLY AT “CODAVA KUND” IN YAVAKAPADI VILLAGE OF MADIKERI TALUK, KODAGU. 

This pertains to a class of people generally habitating in Codagu district of Karnataka. With a solitary intention of getting myself informed of the background of Codavas, I have made a study tour of the district on 5.2.2008, I have stayed there for about 2 days, made contacts with people, especially Codavas, personally visited and inspected some of the land mark clannish houses (Aine Mane) of respective Codava clans and so I have made it a point to climb a rather steep hillock which the ones at whose insistence and invitation I have taken a sojourn, now christened as “Codava Kund” standing firm at a picturesque location in a god forsaken village called Yavakapadi of Madikeri taluk. I had visited the place at the invitation of Codava National council headed by Sri. N.U. Nachappa Codava. 

All my interactions with the various classes of people in the district and after having watched and partaken in some of their customary rituals, functions, weddings, festivals and other private functions. I have come to a conclusion that Codava belongs to an essentially aboriginal sect of people with a racial background and all their existence is bucolic in essence. They have their own rich language called “Codava Thakk”, still literary activities have taken place by using Kannada alphabets. I found literary touch in the works of, to name a few Appaneravanda Appacha Kavi, Dr. I.M. Muthanna and B.D. Ganapathy etc., 

The language “Codava Thakk” has its own lure, enchantment and verb comparable only to classical languages of South India. (It is important to note that the UNESCO has classified some 196 Indian Languages as vanishing languages and Codava Thakk is but one vide its report dated Feb 20, 2009.) 

As regards Codava custom, tradition and heritage this report would be incomplete if I fail to make mention of their Codava system of marriages activities related obituaries, naming ceremony of new arrivals, celebrations connected with their main festivals, Puthari, Kail Poldu, Kakkada padinett, Edmiyar-1 i.e. Codava New year and offering oblations to the first Codava the Karona i.e. ancestor and departed Codava souls called as Karana Kodpa and Meedi Beppa ceremony added to these things the clannish Aine Mane, the nucleus of each Codava clannish families. In other words, these Aine Manes are both the prime original and central temporal seats being their temple. Within every Aine Mane is housed Kanni Kombare and Nellakki Nadubade the sanctum sanctorum of Codava worship and belief. 

The Codava race doesn’t believe in a single supreme god head as do other religious faiths, but instead they worship original ancestor of each such clannish families and they call him as Karona they offer oblations which they call as “Meedi”. Surprisingly the Meedi consists of exclusively non vegetarian food especially “pork” which they call as “Pandi Erchi” and Kall the intoxicant, no Codava function is complete without serving pork and lard. 

One unique feature I noticed was the mother of the bride to be ties the sacred knot called “Pathak” around her neck on the night prior to the actual wedding ceremonies. Interestingly Brahmin Purohit has no place in the marriage celebrations of Codavas and other religious functions of Codavas by race. They ceremoniously sing Mangalapat, Dudikott pat and dance to the beatings of the Dudikott during weddings, one other interesting factor is Codavas even in cremations of dead ones, the Codavas their own exclusive practices the dead man would be attired like a bridegroom with a clean shaven face and turban on. Last journey of the dead man would be accompanied by the dirge i.e. “Chavu Pat” until it reaches the grave yard where the mortal remains of the dead person would buried.

The Codavas by race are essentially is martial race and their physical features are typically only to them. A normal Codava male would be very sturdy, sports, mush and so the codavathis, Codava woman has good physical features besides being beautiful. Codava implements Odikathi, Peechekathi, Gejjethand, (Gejjethand a long walking stick fitted with Gejje ( bells), is gejjethand and it is the sole property of the head of the clan. Before his death he would transfer it to his successor, the next “Koravakar” or head of the clan who would succeed him. Gejjethand goes with the office of the Koravakar) and fire arms, no Codava family is without these arms including gun. The Puthari festivities are unique and martial at once. I could watch Puthari Dance unique only to Codavas. Woman folk also dance which they call as “Puthari Kolat” and sing Paat. Any Codava women may be identified by their dresses, especially sari with palloves tide at the rear. The Codava Aine Mane, Mandh, Kaimada, Patti, Vaade and their grave yards called “Thootungala, Kyakola and Macnikad” are the Codava land heritage markers. The Baptism ceremony of new born male is once again very special with Codavas.

Codavas besides being martial in behaviour, are also agro pastoral and they deeply rooted to mother earth. Cryptically saying Codavas are one of the most ancient aboriginal group of human individuals having made Codagu as their place of habitation. They are localized to that district and the name of the district is also is derivation of the name of the Codava race. Considering their living style, food habits i.e. gastronomy/ art of good eating, social behaviour, customary personal laws, rich folk legal system, and their still being practiced cultural activities, besides their closeted habitation within a narrow track of land Codavas are fit only to be treated as the most primitive ethno linguistic minority tribal group under the constitutional provisions. The unrest just now prevailing within amongst Codavas at large will become subsided if they are treated as ethno linguistic minority tribals.

After having watched Codavas from the close quarters I have definitely learnt that they belong to an infinitesimally very small racial group (National Minority) ancient in existence and behavioral aspects and otherwise it is near vanishing race and community of people. Unless suitable action and constitutional safeguard is taken place to protect, preserve and promote Codava race at once, the Codava race would very soon vanish from the memories of the people and it becomes a part of the forgotten history. As such it is desirable, expedient, and very proper that a nucleus Codava cultural University is established for studying “Codavology “ and I believe that the Codava Kund bearing Sy.No. 250/9 of Yavakapadi Village is ideally well suited to establish Codava University and such other study centers.

It is pertinent to note that if much hue and cry is being raised in connection with an already vanished and a never spoken language Sanskrit and the government has already established universities and study centers for a dead language is it not worth if a still living spoken Codava Language and its culture is protected, preserved and developed?. More than anything else Codavas are not included in any of the reservation categories of the communities and as such they are the worst hit on account of the present prevailing policy. It is incumbent on the part of the society at large to encourage them in establishment of educational institutions in a localized place and Codava Kund fulfils such a requirement. 

Such a centre intended to be the focal point of preservation, protection and development of Codava cultural and their social activities and education is very essential unless such a step at once is taken a treasure house of an ancient Codava race and its socio cultural activities will be loss to the humanity. Such a central point is established at “Codava Kund” as has been canvassed and demanded by Codava National Council, these years.

 
 Thanking you, Yours Faithfully, 
   Dr. C.S. Dwarakanath 
Chairman
Karnataka State commission for backward class
No. 332, 2nd floor,
Daru Salam Complex
Queen’s Road,
Bangalore- 52.
 
 1-10-2010 
 1. Her Excellency The Hon’ble president
Sovereign Republic of India
Rashtrapathi Bhavan, 
New Delhi.
 
 
 2. The Hon’ble Prime Minister
Sovereign Republic of India
South Block, New Delhi.
 
 
 3. The Hon’ble Minister for Home Affairs
Union Government of India
North Block, New Delhi.
 
 
 4. The Honourable Minister for Law and Justice,
Union Govt. Of India, ,
New Delhi.
 
 
 5. His Excellency The Hon’ble Governor of Karnataka
Raj Bhavan, Bangalore
 
 
 6. The Hon’ble Chief Minister of Karnataka
Vidhana Soudha, Bangalore.
 
 
 7. The Hon’ble Minister for for Revenue Govt. of Karnataka
Government of Karnataka
Vidhana Soudha, Bangalore.
 
 RESOLUTION / MEMORANDUM 

Respected Madam / Sirs
 
 

Sub: Codava Properties - The unwanted discussion and problems caused should be stopped at once - seeking permanent solution - by means of appropriate central legislation as done in relation to such of the properties in Jammu & Kashmir under article 370 and North Eastern states of India under article 371 of our constitution - baton is passed onto elected representatives from the district. 

CNC Resolved to pressurize both Union and state Governments to respect and respond to the long felt need of Codavas to give a permanent solution to the unwanted and undesirable problem created by the bureaucracy, political entities included regarding the properties of Jamma tenure of Codavas. In actual fact the properties held by Codavas are their own, the ownership having been conferred by alien successive Rajas who ruled Codagu later on by Britishers and the Govt. of erstwhile part ‘C’ state of Coorg touching the properties being possessed and enjoyed by respective Codava clans since from ages and the same are heritable. The word ‘Jamma’ is nothing but a derivation of the word ‘Zameen’, ‘Zameendar’ or ‘Jameendar’ except this the word ‘Jamma’ has no other connotation. Unfortunately for Codavas the word Jamma continued from time immemorial and it has caused a stumbling block to Codavas regarding their unquestioned ownership of the property. 

The ruling class and the men in authority have been creating undesirable nuisance to the owners of the properties for reason best known to them and of course that may be visualised. What Codavas are not ready or willing to part with their properties for any reason and for any duration of time, be it is the Governmental direction or the meddling of Politicians. What Codavas just now require is a permanent solution to Codava properties to the problems generated by rapacious officialdom, brutal politicians the said two classes are understandably acting at the behest of land Mafia and timber Mafia, needless to add that each of their palms are greased. At this point we believe that we would be doing a great injustice to the cause of Codavas if we fail to mention about the totally illegal statements that the concerned and the ubiquitous politicians of all hue and colour have been making in relation to the exemption to hold fire arms by Codavas in order to gain popularity or whatever it is, but in actual reality they are the misguided ones who misguided others. 

The exemption extended to hold gun under Indian Arms act is restricted to Codavas by race and holders of Jamma property. If Jamma tenure were to be removed from the statute books the right to hold gun without being issued a regular licence to holders of such properties will be discontinued automatically, but in case of Codavas by race be it is he or she the exemption to hold guns without licence will be continued and for ever. Let not people link Jamma to Codavas in relation to exemption certificates. Weather a Codava by race holds Jamma property or not, the right to hold gun will be a permanent feature. At the same time the interpretation of the words ‘Codavas by race’ / ‘Coorg by race’ shall be understood to include only Codavas by race and none others. 

It always is better and well intentioned if the Govt. cancels, withdraws and revokes the exemption certificates issued to outsiders those who have purchased Jamma properties and those who have manoeuvered to secure exemption certificates under the guise of Jamma tenure. Codavas at once should try to know their rights  INVESTED  in them by the exemption clause of Indian Arms Act by being a Codava by race. Let not the fraudulent ones try to equate themselves with Codavas on the ground of their holding of Jamma properties. As such we insist that the departments concerned should insist the applicants seeking exemption certificate under Indian Arms Act to produce caste certificate wherein it shall be mentioned such and such a one is a Codava by race. The Govt. also formulates methods where by the Codava applicants get such caste certificates without much rigor. 

What this organisation insist for is that the properties held by Codava by race should remain their own forever and ever after weather or not Jamma nomenclature be erased and we desire that the Constitutional guarantee is the only appropriate and permanent solace. Some self interested politicians are reported to have stated that the holders of such properties have no ownership rights and further that it belongs Govt. on the ground that the restriction regarding the alienation of such property rights and they are mis leading the entire generality only with an intention to eke-out some totally illegal and immoral benefits. What CNC questions is how come the entries in record of rights be made without the actual ownership rights by Codavas. The interpretations ascribed to such of leading politicians and those who make noise is totally mis leading, false and baseless. One example is Kashmiris and the people of North Eastern states of India have full-fledged ownership rights over the properties but they are not entitled to alienate the same or any portion thereof under any pretext. And no outsider should never acquire the same by purchase. Codavas insist for such a scheme extended to Codava properties. 

The Govt. and all those interested persons and mischief mongers should know that all the properties held by Codavas by race has been their own from time immemorial and Rajas of Codagu and alien rulers thereafter are instrumental only to the fact of issuance of record of rights and nothing more. It amounts to carrying coals to New Castles if we indulge in explaining the confusion that is being generated by groups of Codavas regarding the ownership and enjoyment of Jamma Properties, we restrict ourselves to the plain truth. If a group compares Jamma properties to ‘Kumki land’ in Dakshina Kannada and ‘Soppinabetta’ in North Canara and insist for the treating of the same to be a state owned property, one other group predominantly consisting of ‘land and timber mafia’ with active support of certain self styled leaders are advocating a plea that it should be treated as common property on the lines of ‘Thari’ and ‘Kuski’ lands as in old Mysore without trying to know what it is and threatens that Codavas will have to lose their properties to the Government should be the same be not treated as common property. Strangely enough that none of the components of such rival groups know anything about what the constitution of India guarantees.With a solitary intention of educating Codavas and also inform the Government about our feelings in this regard. It may not be an out of place act if we try to compare Codava properties to such properties in Jammu & Kashmir and North Eastern region of India on the basis of unique ethnic features of Codavas by race and it necessiates the overall protection of such rights under article 370 and 371 of our constitution . It definitely suggests that such an enactment will incorporate the ownership over the land, vegetation, water resources, latent, and visible matters without any power inherent in them to alienate the property or any fraction thereof under the pretext. In simple words Codavas should enjoy such property and it goes in their line for ever. The constitutional guarantee that we are seeking without any exception also includes the question of hereditary rights to Jamma Malai lands of about 7,500 acres spread over in the district from Chelavara to Iyengeri. We insist for protection of our inherent rights over Jamma Malai on par with other Codava properties. All the transfer deeds in relation to Codava properties done already should be nullified by meanse of appropriate central legislation.

 
 Thanking you, Yours Faithfully, 
   (N.U. NACHAPPA CODAVA) 
 18th Dec 2010 
 2. The Hon’ble Prime Minister
Sovereign Republic of India
South Block, New Delhi.
 
 
 3. The Hon’ble Minister for Home Affairs
Union Government of India
North Block, New Delhi.
 
 
 4. The Honourable Minister for Law and Justice,
Union Govt. Of India, ,
New Delhi.
 
 
 5. His Excellency The Hon’ble Governor of Karnataka
Raj Bhavan, Bangalore
 
 
 6. The Chief Secretary, Govt. of Karnataka,
Vidhana Soudha, Bangalore.
 
 
 7. The Principle Secretary - Law Dept. Govt. of Karnataka
Vidhana Soudha, Bangalore - 1
 
 Memorandum through the Honourable Deputy Commissioner - Kodagu Madikeri - 571 201 

Submitted this day to mark ‘World Minorities Rights Day’ 

Honourable Sirs,
 
 

Sub: Exemption to hold fire arms without the necessity of being empowered with Gun Licence under Indian Arms act as demanded by groups of Individuals whose antecedents are always of shady nature in Codagu, Karnataka Reg. 

1. Reference : Memorandums are said to have been submitted by groups of people known to be self proclaimed doyens of Codagu District in Karnataka seeking exemption to hold fire arms without gun licence on par with Codavas by race. 

2. Reference : It is for the DC to ascertain as to weather castes mentioned in the representation do come within the meaning of Coorg race and are they holder of Jamma Tenure. If records are available to buttress the fact that castes mentioned in the representation do come within the meaning of Coorg race and they are also Jamma tenure holders, then their representation to grant exemption from the provisions of the Section 3 and 4 of the arms act, as has been granted to Codavas can be considered. 

1. Before we delve deep into the subject in hand we would like to inform you that there has been an exemption clause in section 3 and 4 of Indian Arms act empowering individual members of Codavas ( Coorgs) by race and without

 
 Thanking you,                                                                             Yours Faithfully, 
   (N.U. NACHAPPA CODAVA)