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| Codava Magna Charta, - The great Codava Land autonomy charter of Liberty, - A legacy from CNC
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| Exemption to Hold Arms as a matter of inherent right for Codavas; Amend the constitution - An Agitation by CNC on 22nd August.
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| 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.
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| Worshipping the Weapons and Agro Implements on the occassion of Keil Pould Festival
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| 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.
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| The Hon’ble Deputy Commissioner
Codagu District,
Madikeri – 571 201.
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| 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.
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| Weapon is an article of worship amongst Codavas and it is an
inseparable part of Codava heritage.
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| 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.
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| 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.
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| Worshipping the Weapons and Agro Implements on the occassion of Puthari Festival near Nellakki Nadubaade
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| 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.
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| Thanking you,
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| Yours Faithfully,
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| (N.U. NACHAPPA CODAVA) Members Codava Parliament.
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Press Release
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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.
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| Thanking you,
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| Yours Faithfully,
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| N.U. NACHAPPA CODAVA nachappa@ codavanationalcouncil.com www.codavanationalcouncil.com
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| 1. Her Excellency The Hon’ble president
Sovereign Republic of India
Rashtrapathi Bhavan,
New Delhi.
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| 2. The Hon’ble Prime Minister Sovereign Republic of India
South Block, New Delhi.
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| 3. The Hon’ble Minister for Home Affairs Union Government of India North Block, New Delhi.
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| 4. Minister for HRD, Union Government of India Parliament House, New Delhi.
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| 5. His Excellency The Hon’ble Governor of Karnataka Raj Bhavan, Bangalore
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| 6. The Hon’ble Chief Minister of Karnataka Vidhana Soudha, Bangalore.
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| 7. The Hon’ble Minister for Home Affairs Government of Karnataka Vidhana Soudha, Bangalore.
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| Through:
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| The Hon’ble Deputy Commissioner Kodagu District at Madikeri.
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| 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
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| Thanking you,
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| Yours Faithfully,
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| (N.U. NACHAPPA CODAVA)
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