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By:

Quaid Najmi

4 January 2025 at 8:56:24 pm

HC denies shield to anti-CEC protesters

Court says it will intervene if specific illegalities are brought to its notice Mumbai: The Bombay High Court on Tuesday refused to pass blanket orders against police detentions of people protesting against Chief Election Commissioner Gyanesh Kumar, while assuring that it would take action if specific illegalities are brought before it. The court was hearing a petition filed by advocate Sagar Devre, who alleged that Mumbai police illegally detained hundreds of peaceful demonstrators,...

HC denies shield to anti-CEC protesters

Court says it will intervene if specific illegalities are brought to its notice Mumbai: The Bombay High Court on Tuesday refused to pass blanket orders against police detentions of people protesting against Chief Election Commissioner Gyanesh Kumar, while assuring that it would take action if specific illegalities are brought before it. The court was hearing a petition filed by advocate Sagar Devre, who alleged that Mumbai police illegally detained hundreds of peaceful demonstrators, including women and students, who took out marches in solidarity with agitations in the national capital over the weekend. Advocate Manish Tomar, representing the petitioner, urged the court to issue an interim order restraining the police from making further detentions during peaceful demonstrations. A division bench, however, declined the plea for a general stay on police action.
Court’s Assurance "We cannot pass a blanket order saying no person shall be detained. You point out if there is any such instance, we will take care. We will not permit anything wrong," the court observed. Additional Government Pleader Manish Upadhye sought time to seek instructions from the concerned authorities on the claims made in the petition. Accepting the request, the high court adjourned the matter and posted the plea for further hearing on October 19. Devre's plea sought protection of the fundamental rights of citizens, peaceful demonstrators, lawyers and others in connection with the protests in the national capital against the CEC. Terming it as an issue involving the fundamental right of people, the PIL said it was filed to protect a simple freedom of every Mumbai resident citizens – to walk freely on the city roads, to stand peacefully with others, or to stay in one’s home “without being lifted and carried away” by the police without an individual reason. It mentioned how students were allegedly picked up from their homes in connection with protest cases dating back to July 2026, which the petition said had already been quashed by the Supreme Court. Making it clear that the challenge was not against the police’s legal authority to regulate public assemblies or the political positions taken by protesters, the petitioner claimed it was to question the practice of detaining people without individualised, lawful and recorded reasons, or using previously quashed cases and past detentions against them. Invoking Article 14 of the Constitution, which guarantees equality before the law, the plea argued that coercive action based merely on a person's association, appearance on a list, previous detention or presence in a public place would amount to arbitrary state action. It further contended that a quashed FIR could not be used as a continuing basis for hostile discriminatory treatment as a ‘permanent mark’ against a citizen since "a quashed FIR is no FIR at all”. The PIL seeks the court's declaration as 'unconstitutional' the sweeping detention of peaceful demonstrators, pedestrians and others without lawful individual justification. It seeks an independent inquiry into the alleged police excesses, preservation of CCTV footage, police records, a verified list of the detenus and framing of standard operating procedures to govern policing action during mass-protests. Long detentions The petitioner contended that the detentions went beyond the demonstrators to include bystanders and passers-by, among them women, a mother with a child and a senior citizen. Among those detained included Mahatma Gandhi’s great-grandson Tushar Arun Gandhi, his daughter Kasturi, actor Imran Khan, activists Feroze Mithiborwala, S. L. Guddi, scores of youth and students, though they were released after several hours of detention by various police stations.

Gun Violence in America

Dec 27, 2024
3 min read

Updated: Jan 2, 2025

Gun Violence in America

On December 16, 2024, tragedy struck Abundant Life Christian School in Madison, Wisconsin, where a 15-year-old student, Natalie Rupnow, fatally shot a fellow student and a teacher before taking her own life. Six others were injured, with two in critical condition. This devastating event is a grim reminder of the United States' ongoing struggle with gun violence, particularly in schools.


A Long History of Gun Ownership in America

The issue of gun violence in the United States cannot be discussed without acknowledging its deep-rooted history of gun ownership. The right to bear arms is enshrined in the Second Amendment of the U.S. Constitution, adopted in 1791, which states: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”


Initially, this amendment was intended to empower citizens to form militias for self-defense during a time when standing armies were distrusted. Over the centuries, however, the interpretation of the Second Amendment has evolved. Today, it is often cited as a justification for individual gun ownership, a concept reinforced by landmark court cases such as District of Columbia v. Heller (2008), which affirmed an individual's right to own firearms for self-defense.


Gun culture is deeply ingrained in American society, with nearly 400 million firearms in civilian hands—more guns than people. This level of accessibility, coupled with a powerful gun lobby led by organizations like the National Rifle Association (NRA), has made significant legislative reform difficult.


Gun Violence in Numbers

According to the Centers for Disease Control and Prevention (CDC), firearms cause approximately 40,000 deaths annually in the United States—equivalent to 109 deaths per day. This figure includes homicides, suicides, and accidental shootings. Among children and teenagers, firearms are now the leading cause of death, surpassing motor vehicle accidents.


School shootings are a particularly horrifying aspect of gun violence in America. Since 1990, there have been over 800 incidents in K-12 schools, resulting in more than 500 deaths and over 1,000 injuries. High-profile tragedies such as the Columbine High School massacre (1999), the Sandy Hook Elementary School shooting (2012), and the Marjory Stoneman Douglas High School attack (2018) have shocked the nation and the world, yet meaningful reforms remain elusive.


A Global Comparison

The United States stands out among developed nations for its high rate of gun violence. In countries like Australia, Canada, and much of Europe, strict gun control measures have significantly reduced firearm-related deaths. For example: By contrast, the firearm-related death rate in the United States is 12.2 per 100,000 people, significantly higher than other developed nations. The prevalence of guns and the lack of uniform gun control laws contribute to this disparity.


Challenges in Addressing Gun Violence

Efforts to reduce gun violence in the U.S. have faced significant obstacles. One of the most notable is the prohibition of federal funding for gun violence research. In 1996, Congress passed the Dickey Amendment, effectively barring the CDC from studying gun violence as a public health issue. Although the funding ban was partially lifted in 2019, its legacy has left the country with a limited understanding of the causes and solutions to gun violence.


Advocates have long called for measures such as:

• Universal Background Checks: Closing loopholes in gun sales to ensure that all firearm purchases are subject to background checks.

• Safe Storage Laws: Requiring gun owners to store firearms securely to prevent unauthorized access.

• Bans on Certain Firearms: Prohibiting the sale of assault-style weapons, which are often used in mass shootings.


The Debate Over Gun Rights and Reform

The debate over gun control in the United States often pits the rights of gun owners against the need for public safety. Opponents of stricter gun laws argue that restrictions infringe on constitutional rights and fail to address the root causes of violence, such as mental health issues. Proponents, however, point to the success of gun control measures in other countries and the overwhelming public support for policies like background checks.


A Way Forward

Despite the challenges, there is growing momentum for change. Grassroots organizations, survivors of gun violence, and some lawmakers are advocating for comprehensive reforms. The Madison school shooting serves as a stark reminder of the urgency of these efforts. As the nation grapples with its gun violence epidemic, it must look to both its history and the experiences of other countries to find a path toward a safer future.


(The author is a resident of US. Views personal.)

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