To prevent any constitutional infringement on the Kovi-Tok (Gun Rights) tradition after 2029, the Kodava religious practice should be brought under the ambit of the “Essential Religious Practices” provisions under Articles 25 and 26 of the Constitution. The Codava National Council (CNC) has demanded permanent protection to ensure that the tradition is not affected by amendments to the Arms Act.
In a letter addressed to Prime Minister Narendra Modi, Union Home Minister Amit Shah, Karnataka Chief Minister Siddaramaiah, KPCC President B.K. Hariprasad, the Chief Justice of India and the Chairman of the Law Commission of India, CNC President N.U. Nachappa appealed for constitutional protection for the ancient, indigenous, mono-ethnic and nature-worshipping Kodava religious practice, “Kovi-Tok”, under Articles 25 and 26 of the Constitution of India.
According to the Arms (Amendment) Act, 2019, the Central Government has made it mandatory to renew special exemptions granted under the Arms Act, 1959, once every ten years. The current exemption granted to the Kodava community under the Arms Rules, 1962, is set to expire in 2029. This, he said, has created an imminent threat to the continuation of the ancient Kodava religious practice of Kovi-Tok through possible administrative or legislative action.
Nachappa urged that the Kodava religious practice of Kovi-Tok (Ooti-Khiho) be accorded constitutional protection and that the right to wear and worship the Kovi-Tok be permanently safeguarded under the provisions relating to essential religious practices under Articles 25 and 26, or through suitable amendments to the Arms Act, 1959.
He stated that an essential religious practice should not be subjected to periodic administrative renewal or expiry. Referring to the Supreme Court judgment in Indian Young Lawyers Association versus State of Kerala, he said that the Court had held that the essentiality of a practice is determined by the tenets of religion and not by governmental policies.
Nachappa further said that the 1949 reference made by Sardar Vallabhbhai Patel constitutes an important constitutional foundation. He noted that the Iron Man of India and architect of national integration had openly praised the Kodava community and their “Kovi pride” during parliamentary discussions on national integration and arms policy in 1949.
According to Nachappa, Sardar Patel had recognised that the “Kovi pride” of the Kodava people formed an integral part of their identity, loyalty and tradition of safeguarding the nation’s borders. Such recognition in the sovereign Parliament, he said, amounted to a fundamental acknowledgement by the State that Kovi-Tok is essential to the existence and identity of the Kodava people.
He further opined that allowing the sacred tradition to lapse in 2029 because of the ten-year renewal cycle under the Arms Act, or diluting it under the Uniform Civil Code, would amount to a betrayal of Sardar Patel’s vision and the spirit of the Constituent Assembly, which upheld India’s pluralistic culture through Articles 25 and 26 of the Constitution.
