Sir,
My humble apologies to anyone who might consider me a whistle-blower and those who's interests, both business or otherwise, may be hampered due to my statements.
I would like to begin by questioning the law governing online sites where they are free to sell products, both legal and illegal, and why there is complete absence of any kind of Governance over these sites ?
The case in point is the likes of Flipkart.com which is openly selling Air Guns and Air Pistols under the category of Toys, Tablet Cases and Covers.
I must point out that as per Arms Rule 2016, issued by Ministry Of Home Affairs, this product clearly falls under the category of Air Weapons and requires an Arms Licence.
It must be noted here that under Prevention of Cruelty to Animals Act 1960, in Section 11, indicts someone as a criminal who causes any person from causing pain, cruelty or suffering to animals. But invariably these airguns and air-pistols are used on helpless small animals, in particular birds and monkeys.
The sellers often quote the Rule G.S.R.991, Schedule -II(3) under Arms Act, 1959, under which specific categories of Airguns and Air-pistols are exempt from licencing requirements.
However, in 2002, the Hon'ble Delhi High Court has quashed the exemption notification G.S.R.991 of the Arms Act, 1959. The order came on a Public Interest Litigation(PIL) case filed by the NGO People for Animals, headed by Ms.Menaka Gandhi.
Also, the relief application filed by the Air Gun Manufacturers Association, seeking stay on the High Court order, was duly rejected by the Hon'ble Delhi High Court in May, 2011.
The facts mentioned above clearly indicate the product in question, i.e. Airguns and Air-pistols are illegal to be sold in the present manner, and both, sites like Flipkart.com and the sellers are clearly engaging in a misdemeanor and violation of law, and must be booked under provisions of the Arms Act.
As per the Arms Rule 2016, certain norms have been mentioned under which sale of such products is possible and actual dealers and manufacturers are clearly following these norms as laid down by the MHA, Government of India. However, it seems that these online sites and their sellers are beyond any legal control.
I may not require to give similar details about hunting knives and swords being sold openly on these sites. Needless to say, these are clearly banned products and sites like Flipkart.com seem to be catering to the mischief-mongers, criminals and miscreants of our society, by openly selling and promoting these products.
I'm appalled at the fact that banned and illegal products are available so easily to people and I'm forced to question the mentality of both the buyer and the seller. Also, the role of Legal Governance over such matters is questionable.
A gun can only be used to shoot someone or something and I don't see any other utility of this product. Similarly, I wouldn't require a hunting knife or sword to cut vegetables in my kitchen, especially when hunting is illegal in our country. Yet, these products are bought and sold on a regular basis and socially responsible enterprises are providing a legal platform for these activities to flourish.
I hope this message assists in putting an end to such illegal and irresponsible activities, and provides a safer environment for our families and kids to shop online.
Should any further details be required on the above matter, I would be pleased to assist.
Hoping to see some positive action,
Regards
Amazon India customer support has been notified about the posted complaint.
