Journal of APF Command and Staff College (2024) 7:1, 131-154

Small Arms Influx and its Implication in Kathmandu

Manoj Thapa
[email protected]

Article History Abstract

Received: Feb 6, 2024
This paper examines the status of proliferation of
Accepted: April 7, 2024
small arms in Nepal and its influx in Kathmandu
Published: June 7, 2024
before insurgency, during insurgency and post-
conflict scenario. Exploring the existing law on
small arms proliferation and how is it coping with
this matter? This study discusses the major crimes
that occurred by using small arms in Kathmandu.
Methodologically, secondary source of data is used
Keywords
from previous relevant research studies on small
Conflict, small arms,
arms and light weapons in Nepal during insurgency
proliferation, security
and post-conflict period. Kathmandu valley and taken
threat, internal
as the focus of study because of two reasons: firstly,
security
to map the numerous urban security threats that
occurred in Kathmandu emanating from the influx of
small arms and secondly, because of the availability
of data. Numerous reports published on small arms
proliferation, news reports, media analysis, books
and articles have been reviewed and examined to
Corresponding Editor underline how the use of small arms was massive
Ramesh Raj Kunwar used during the time in insurgency and even in the
[email protected] transitional period. This paper contends that despite

Copyright©2024 Author
Published by: APF Command and Staff College, Kathmandu, Nepal
ISSN 2616-0242
132 Journal of APF Command and Staff College (2024) 7:1, 131-154

the end of the transitional period and the promulgation of the new constitution,
instances of crimes attributable to small arms proliferation have not decreased.
It underscores the inadequacy of the existing legislation regarding small arms
in addressing contemporary challenges, emphasizing the imperative need for the
enactment of comprehensive laws and the implementation of robust measures
concerning small arms.

Introduction

The proliferation of small arms presents significant challenges. In the current global
landscape, crime rates are on the rise through various means and methods, with
the utilization of small arms emerging as an especially effective and accessible
method (Rapoport, et al., 2019). Nepal is not immune to this phenomenon. Frequent
occurrences of daily incidents, attributed to the ready availability of small arms,
during and after the insurgency have exposed vulnerabilities in security within the
Kathmandu Valley. Consequently, there is a pressing demand for a collaborative
security mechanism to address these pressing issues. However, before going
into specific cases and their analyses, it is important to discuss the concepts and
approaches pertinent to small arms proliferation. Nepal’s Arms and Ammunition
Act-1962 defines "Arms" as the rifle gun, pistol, revolver, mining, and grenade,
their parts, and the machinery that manufactures such arms. "Machine Gun"
includes Bringing, Luis gun, station machine carbine, Tomson machine carbine,
and the automatic weapons of similar categories and their parts, the vehicles to be
used for transporting and mounting such machine guns, and the machinery that
manufactures such machine guns. "Ammunition" is identified as fug signal fuse
(Dhumika Sanket), gunpowder, cap, the ball of a gun, shells, detonator, cartus,
similar types of explosives and other ammunition. Be it self-loading pistols, rifles,
sub-machine guns or light machine guns, small arms are generally understood as
weapons used for individual purpose. They can be easily carried and can be hidden
if required.

In the same context, Garcia considers the spread and use of small arms as perennial
problem. Further he argues that small arms and light weapons - the assault rifles,
machine guns, hand grenades, rockets and other weapons are generally considered
as the “instrument of death” in the wars of the contemporary world. Whenever the
 Thapa : Small Arms Influx and its Implication... 133

conflict between the countries increases, the influx of small arms becomes a perennial
problem. Their easy availability in an international environment has spawned the
extent of human suffering and death. About 15 million innocent civilians have lost
their lives in the intrastate mayhem of the world since 1991. Millions have been
maimed, about 12 million have lost their homes and become refugee or internally
displaced persons (Garcia, 2006).

Small and light weapons (SALWs) constitute a form of trade that originates
and proliferates during periods of crisis, offering opportunities and prosperity
to individuals seeking to instigate disorder. The global landscape has shifted
from traditional symmetric confrontations that span centuries to asymmetric
warfare, wherein SALWs have proven instrumental in causing devastation to
both lives and assets (Awaru et al., 2022).

According to Bogati (2019) globally, 300,000 to half a million people are killed by
small arms each year, which means every single minute, someone is killed by a gun.
Further, he explains that the growing availability of small arms has been deemed as
a key obstruction to human security and human development. Hence, illicit small
arms not only fuel insecurity but also undermine peace initiatives and hamper
development activities. Proliferation of small arms is also a significant factor in
fostering a culture of violence.

Gul (2010) argued that the common use, accessibility and unprecedented
proliferation of small arms endanger the security of states, where the primary risk
factor emanates from the possession and use of small arms by non-state actors.
South Asia stands out as a region characterized by a propensity for conflict, wherein
the proliferation of small arms presents a formidable challenge to security dynamics.
Coupled with political and socio-economic instability across the region, the small
arms proliferation indeed is endangering the security of the region. Upreti (2009)
argued that the proliferation of small arms increased after the start of the armed
conflict in Nepal. He further believed that the widespread use of Small Arms Light
Weapons (SALW) by warring parties and distribution of arms to civilian militias
and Village Defense Committees (VDC) by security forces in Nepal during the time
of the armed conflict had encouraged arms traders and smugglers.
134 Journal of APF Command and Staff College (2024) 7:1, 131-154

According to the Nepal Police records in the years from 2018-2019 and 2020-
2021, 326 people, including 32 foreigners, were arrested for firearm possession.
The number of arrests rose to 361 in the following fiscal year. In the fiscal year
2020-21, police arrested 373 people with illegal firearms. The Nepal Police also
confiscated 944 firearms from various parts of the country in the last three fiscal
years (Dhungana, 2021).

With a cognizance of this reality, this study seeks to conduct an analysis of the
proliferation of small arms and its implications in Kathmandu across three distinct
phases: pre-insurgency (before 1996), during the insurgency (1996-2006), and in
the post-conflict period (2006-2014). Concurrently, it aims to critically assess the
impact of Nepalese government laws and policies on the proliferation of small arms
and light weapons.

This study uses secondary source of data from previous relevant research on of
Small Arms and Light Weapons (SALW) in Nepal, before insurgency, during
insurgency and post conflict period. Report of Telegraph Nepal (2011), sates that
several reports on the confiscated small arms from Armed Police Force (APF)
Nepal, and Nepal Police are examined. Although the study has used the old data, the
lack of surveys in the contemporary times should also be understood. Hence, this
study doesn’t generalize the old data. Instead, only classify them, categorize them
and analyze them. Also, it is understandable that the absence of conflict and dearth
of studies in small arms has already lessened the availability of data. In the same
context, this paper reviews the documents on small arms and light weapons from
the above stated reports as well as article published in daily national newspapers .

Small Arms Proliferations: Causes and Concerns

Gorea (2006) revealed that the proliferation of SALW is a global concern. In the
global context, small arms are widely used in the Middle East (Arab uprising),
African countries, East Asian countries, and even in the country like the United
States of America. Thus, the arms-related violence has surged up. In the regional
context of South Asia, there are conflicts in almost all countries. Political violence
pervades the South Asian region, spanning across countries such as Afghanistan,
Pakistan, India, Nepal, Bhutan, Maldives, Sri Lanka, and Bangladesh (Gerharz &
 Thapa : Small Arms Influx and its Implication... 135

Pfaff-Czarnecka, 2017). This phenomenon encompasses a spectrum of conflicts,

ranging from interstate war and sectarian strife to guerrilla warfare and organized
criminal activities. Kanwal and Chansoria (2010) stated the Indian subcontinent’s
susceptibility to small arms proliferation can be attributed to the fact that these
are the most readily available weapons for non-state actors engaged in intra-state
conflicts and state-sponsored proxy wars. They also stated that Nepal, which was
a conduit for small arms proliferation in South Asia, has now become an end-user
itself, as the Maoists’ People’s Liberation Army (PLA) was a big buyer of SALW.

A research report of Hazen (2011) states that Since 2007, the Terai region of
Nepal has witnessed a notable increase in violent activities and the rise of armed
factions subsequent to the conclusion of the civil conflict. This timeframe has
been characterized by a diverse range of occurrences such as explosions, gunfire,
kidnappings, financial extortions, armed transgressions, and even incidents of
domestic abuse. This pattern of disquietude has firmly established the Terai as the
focal point of turmoil and uncertainty within Nepal, presenting substantial obstacles
to the promotion of peace and stability in the area.

Highlighting about porous border Forbes interprets the border with India has both
positive and negative consequences for the inhabitants of the Terai. On the one
hand, the ease with which the border can be crossed enhances trade and access to
goods, improves work opportunities, and allows people to visit relatives. On the
other hand, the porous border is widely believed to have aggravated the security
challenges by enabling the illegal flow of firearms into Nepal, providing a haven for
criminals from either side and providing criminal opportunities for armed groups,
notably through goods trafficking, cross-border crime, and smuggling false currency
into India (Forbes et al. 2011).

Nepal's strong laws and regulations are against the purchase and ownership of
small arms and strict procedures for licensing and renewal. Nepal is still facing
difficulties in mitigating the illicit trafficking of small firearms as a result of its
porous frontiers with India and the geographically arduous yet logistically viable
northern boundary with China (Shrestha, 2023). However, the main question is how
to prevent the illegal trade of small arms through the long open border with India in
the east, west and south, and the possibility of such trade from the geographically
136 Journal of APF Command and Staff College (2024) 7:1, 131-154

difficult but technically feasible northern border with China. Even before of the
Maoist insurgency, the use of illegal small arms in the Nepal-India border had been
common, particularly for ordinary crimes.

Caldwell and Williams Jr (2016) highlighted recent security agenda includes the
first and second generation of human rights, global warming, and oil shortages;
transnational organized criminal groups, SALW proliferation, and global networks
of terrorists (p. 248). Karp (2013) reported that in 2013, the Small Arms Survey
estimated that there are around 440,000 civilian firearms in circulation in Nepal,
only 55,000 of which are legally registered (p. 1). Although this study hasn’t deal
with the contemporary data, the case of gun license of Durga Prasain is interesting to
mention here as it raised numerous debates in Kathmandu, be it in press or politics
or parliament.

The availability of firearms in the country is moderate by international standards,

but the concentration of small arms in the hands of criminal groups poses a threat
to law and order that has yet to be fully assessed and addressed. Srikanth (2014)
conceptualized SALW not as a traditional threat but as a nontraditional security
threat in the 21st caused by terrorism, poverty, money laundering, and the effects
of unequal distribution of resources. The increasing circulation of small arms in
Nepal is worrying. As per the study conducted on armed terror in mid-Madhesh
by the Democratic Freedom and Human Rights Institute and Terai Human Rights
Defenders Alliance, the rate for a Katuwa—a local pistol—was Rs 2000, while
a Sixer cost Rs 5000, and about 90 percent of those involved in the small arms
business belonged to the age group of 15-35 years (Rauniyar, 2011).

The Himalayan Times (2016) in its article ''Small arms posing a grave threat to
security" mentions the illicit proliferation and misuse of small arms and light
weapons as the grave threats to the environment of security in the Kathmandu
Valley. Kamwesiga (2016) stated that there is debate among scholars about the
relationship between SALW and insecurity; some writers argue that SALW directly
leads to insecurity, while others consider SALW as mere triggers or catalyzing
factors (p. 4).

Proliferations of small arms, criminalization of politics, politicization of crimes,

 Thapa : Small Arms Influx and its Implication... 137

militarization of youths and emergence of armed groups and criminal gangs are
positively correlated. Arm-based abduction is the major problem in Kathmandu.
On 5th June 2009, Mahesh Sarada was kidnapped from his house. Anti-kidnapping
Cell of Crime Investigation Department of Metropolitan Police searched but failed
to find him. Later, on 14th June, he returned home by paying 1.4 million. There are
numbers of such kidnapping cases widely reported in Nepalese media and all of the
accused criminal gangs are using illegal small arms (Upreti et al., 2010).

Small Arms Influx: From Politics to Terror

Shrestha (2006) argued that small arms and light weapons are found to have been
used for political cause, be it by Prachanda Gorkha or any other political parties
during the anti-Rana revolution; in the ‘hit and run’ armed campaign conducted
by the Nepali Congress after the Royal takeover in 1960; in the armed struggle that
started in Jhapa district by the then CPN-Coordination Committee in the 1970s, and
in the bomb attacks organized by the Janabadi Morcha (Peoples’ Front) in Katmandu
Valley in 1985 (p. 55-100). But the monopoly of the privileged individuals and
groups having access to private weapons and firearms ended since the CPN-M
started armed insurgency since 1996 (Paudel, 2014). The royal palace massacre of
2001 has been also interpreted as the climax and unanticipated implications of the
misuse of small arms and light weapons in Nepal.

Kraemer (2001) stated that the Mukti Sena, the liberation army of the Nepali
Congress, attacked from nine points, but it was defeated near Amlekhganj and
Biratnagar. Another armed group belonging to the Nepali Congress was unccessful,
which captured Birganj. Nepali folks in the city areas were politically informed
and socialized by dropping leaflets out of a plane over the Kathmandu Valley – an
action that was only possible with Indian help. The fight of the Mukti Sena lasted
for about two months.

Levi (1956) stated that during the revolt by the Nepali Congress, arms and
ammunitions fell into the hands of non-state elements, which misused the small
arms for outright criminals’ purposes, although political agendas occasionally
got infused with the banditry and racial, communal or sectional rivalries which
eventually added fuel to the flames (pp.39-46).
138 Journal of APF Command and Staff College (2024) 7:1, 131-154

According to the report of United States Agency for International Development

(2001), in 1971, a section of the Nepal Communist Party began a series of
assassinations of "class enemies", in the southeast of the country, which coincided
with political assassinations across the border in India, carried out by radical Indian
communists, known as Naxalites. The assassinations in Nepal resulted in arrests
and extra-judicial killings of party activists by government security forces.

Upsurge of Small Arms During Maoist Insurgency

During the Maoist insurgency in Nepal (1996-2006), numerous incidences

of violence, killing, intimidation, kidnapping, extortion occurred, resulting in
casualties and significant political uncertainty and unrest. The insurgency was led
by the Communist Party of Nepal (Maoist), also known as the Maoists, who sought
to overthrow the monarchy and establish a communist state.

The Communist Party of Nepal (Maoist) employed small arms such as rifles, pistols,
and homemade explosives extensively throughout the insurgency. These weapons
were used for ambushes, attacks on security forces, intimidation of civilians,
and establishing control over territory. Maoist fighters often relied on guerrilla
tactics, moving swiftly and striking at government forces before retreating to the
rugged terrain. While Maoists were spreading terror and violence in rural Nepal,
the country also witnessed the Royal Massacre in 2001, the year when the Crown
Prince reportedly shot dead 13 members of the royal family, before committing
suicide. This particular tragedy is often described as a culmination of the ‘misuse of
small arms and light weapons in Nepal (Shrestha, 2006, p. 60).

Paudel (2014) contended that, in the midst of the insurgency, the Maoists engaged
in the illicit transportation of arms and ammunition through trucks camouflaged
with hay, alongside the utilization of bribes to expedite their movement. The exploit
of security vulnerabilities was equally exploited by the smugglers. Notably, law
enforcement authorities rarely conducted inspections on vehicles displaying flags
and banners related to political gatherings. This loophole was perceived as a means
by individuals associated with the youth factions of political organizations to ferry
illegal firearms from Biratnagar to Kathmandu (p. 3).
 Thapa : Small Arms Influx and its Implication... 139

Figure 1
Map of the Major Routes of Illegal Firearms into Nepal

Source: Nepal Armed Violence Assessment, 2013

Adhikari (2023) reported that the IC-814 hijacking raised numerous questions
concerning the vulnerability to Nepal’s national security caused by the influx of
small arms. Some questions are still unanswered. Queries persisted regarding the
source of weapons smuggled aboard the aircraft, the existence of pre-information
within Indian intelligence, and the lapses in Nepal’s airport security that allowed
lethal weapons to go unchecked (Paudel, 2014).

Status of Small Arms in Post-insurgency Period

Firstly, Nepal has a history of a decade-long Maoist conflict. Secondly, the Royal
Massacre of 2001 left many questions related with the entry and influx of small
arms unanswered. Thirdly, Terai region witnessed numerous episodes of violence
and conflict after 2008. Fourthly, Tikapur incident of 2015 divulged the brutality and
140 Journal of APF Command and Staff College (2024) 7:1, 131-154

tragedy imposed by the use of small arms. Above all, Nepal has seen rapid political
changes that have caused to severe challenges, contradictions and conflict at the
socio-cultural and political fronts. The transformation of erstwhile Hindu monarchy
into a secular county or the shift from a unitary country into a federal set up has
multiplied challenges at the social and political fronts. Besides, ethnic diversity,
the gap between the hill community and the Terai community, and the people's big
hopes and aspirations in the post-conflict Nepal has fueled new emerging threats
in new Nepal. If it is attempted to analyze the new emerging threats in Nepal,
incidents associated with the use of the small arms can may tell us more.

The Himalayan Times (2015) reported that the smuggling and illegal trade of small
arms continues unabated in the Kathmandu Valley despite the law enforcement
agency's efforts to curb crimes. The rise in the smuggling of small arms into the valley
has resulted in a surge of crimes like murder‚ extortion, death threats, abduction
and robbery. In 2015, a team from the APF arrested three suspects, including two
women, with a USA-made automatic pistol, nine bullets, and two magazines from
Boudhha. Security agencies have had already confronted the threats triggered by
the small arms in the Terai region during the elections.

Bogati (2019) informed that the conflict concluded with a disarmament and
reintegration program for Maoist combatants where total of 1,462 combatants were
selected for integration into the Nepal Army and surrendered 3,475 weapons to the
United Nations in 2007.

Fujikura (2023) stated that during a Tharuhat/ Tharuwan demonstration on August

24, 2015, eight police officers were killed including an infant son of a police officer.
The Nepali army was mobilized after the in position of curfew. Nevertheless,
despite the curfew, many Tharu houses were attacked by mobs, looted, and burned
(pp. 172-221).

Global Initiatives Against Transnational Organized Crime (2023) states that arms
trafficking and illegal firearm possession are notable issues in Nepal. The illegal
firearms used in Nepal are usually cheaper improvised firearms, and there has been
an increase in the use of these weapons in violent crimes such as murder, robbery,
and extortion. Criminals and political groups are proliferating and reportedly offer
 Thapa : Small Arms Influx and its Implication... 141

protection to each other.

In 2024, delegations from over 25 countries in Asia-Pacific countries gathered in

Kathmandu to collectively tackle the spectra of illicit arms' trade. The three-day
regional preparatory meeting for the fourth review conference of the United Nations
Program for Action (UN PoA) to prevent, combat and eradicate the illicit trade in
SALW in all its aspects and international tracing instrument (Silwal, 2024). Amidst
a multitude of global crises and escalating of armed conflicts SALW remain a silent
killer, having claimed over 260,000 lives during 2021, amounting to 45 per cent of
all violent deaths (Diemar, 2023).

In 2022, a garment businessman Mohammad Darji, 55, also known as Lal

Mahommad, was shot dead afternoon at Gothatar, in Kageshwori Municipality of
Kathmandu. Darji, a permanent resident of Ward 8 of Godaita Municipality, Sarlahi,
was shot outside his factory-cum-house as soon as he got out of his private car (My
Republica, 2022). In 2023, Nepal Police had to fire shots to take an alleged drug
dealer Abinash Rai (45) under control in Jhamsikhel of Lalitpur (My Republica,
2023). He was shot in the right leg. Two bullets along with a gun were recovered
from the alleged drug dealer. In 2023, Rupesh Sharaf, a 38-year-old resident of
ward 6 of Kalaiya Sub-metropolitan City and principal of Kalaiya-based Bal
Ekata Boarding School, was shot dead by an unknown group of people at Kalaiya-
Bariyarpur Road near the main market of the city (Sah, 2023).

The security agency arrested 351 persons with 267 firearms in 2018-19 and 309
persons with 238 weapons in 2017-18. As many as 637 rounds of live bullets were
confiscated in 2018-19 against 356 in 2017-18. The data with Nepal Police hint at
growing gun culture in the country (The Himalayan Times, 2019)

During the first six months of 2022/23, 134 (130 man and 4 woman) people were
arrested with illegal weapons from different places across the country. 6 of them
were foreign nationals. During that period, 17 people were arrested from Kathmandu
valley, 18 people from Koshi province, 25 people from Madhes province, 13 people
from Bagmati province, 14 people from Gandaki province, 21 people from Lumbini
province, 12 people from Karnali province and 14 people from Sudurpaschim
province. Also, a total of 94 cases have been registered under illegal weapons
142 Journal of APF Command and Staff College (2024) 7:1, 131-154

(Nepal Live, 2024). In 2023, Nepal Police apprehended two individuals accused of
fatally shooting a youth in the course of a robbery from Dharan Sub-Metropolitan
City of Sunsari. Police also managed to seize an illegal firearm and bullets among
others from the possession of the suspects (The Himalayan Times, 2023).

Legal Provisions of Small Arms in Nepal

The small arms were reportedly introduced in Nepal in the 17th century, although
the first modern arms and ammunition factory was established only during the later
years of Rana rule. But, before the start of the Maoist insurgency in 1996, only
local political and economic elites, security forces, and retired British and Indian
Army personnel possessed firearms. Criminal elements, largely based in the Terai
region, owned a very limited number of firearms. Civilians for the purposes of self-
protection, have also got access to the firearms.

Obtaining a gun license is not easy in Nepal, and measures 'introduced since
democratization in 1990 have made it difficult. Under the Arms and Ammunition
Act of 1963, applications must be approved by respective Chief District Officer
(CDO). No handgun licenses are reported to have been issued since 1990 and the
basic license fee was increased in 2010 to NPR 10,000 (USD 140) further restricting
legal ownership. The cost and complexity of the licensing system make it difficult,
if not impossible, to legally possess craft (country-made) firearms, thought to be the
most numerous.

The Government of Nepal has regulated the acquisition, possession, and use of
firearms and ammunition since 1962 by enacting the Fire Arms and Ammunition
Act, 1962 and its Regulation, 1971. These legislations have regulated but not
totally restricted the possession of firearms and ammunition by the civilians.
The legislations prohibit the production of cannons, machine guns, and arms and
ammunition, keeping arms in one's possession or putting or making arrangements
to put such arms and ammunition in other places, converting from one shape to
another, and selling without a license. Similarly, the legislations prohibit carrying
arms without a license. An individual who is discovered to be in violation of this
regulation may be subject to a penalty of a maximum of seven years' imprisonment
in addition to a substantial fine as determined by the relevant Chief District Officer
 Thapa : Small Arms Influx and its Implication... 143

(Law Commission Nepal, 2019).

The Act empowers the concerned official to arrest any person who has arms and
ammunition, with or without a license, to commit any illegal act. Under the Act,
any person who intends to obtain a license to possess arms must apply in the
prescribed format and pay the prescribed fee to the. CDO. after the submission
of the application, if the CDO finds justifiable reasons to issue the license with the
conditions as written in the application, may issue a license in the prescribed format
to the applicant with the prescribed terms and conditions. The Act provides for the
provision on the suspension or cancellation of the license for the sake of public
order, peace, and security.

Similarly, Government of Nepal, Ministry of Home Affairs (MoHA) announces

the notice during election conduction time, considering the small arms threats and
possible misuse of licensed weapon. According to the ministry, the district offices
publish the notice to collect the small arms and light weapons in the whole duration
of election. Likewise, the MoHA publishes the notice to collect the unauthorized,
unrenewed, and after death of authorized owner in nearby Police office, offices of
Nepal Army and Chief District Office (CDO), time to time. If somebody keep the
unauthorized weapon and keep without permission they are punished as per the law
(MoHA, 2019).

Private security companies do not possess legal authority to acquire, possess, or use
firearms under the prevailing Act and Regulation. However, the Act and Regulation
do not restrict any person who has lawfully possessed the arms or ammunition for
private use from selling them to any other eligible person who is not prohibited by
the existing law to possess such arms or ammunition.
144 Journal of APF Command and Staff College (2024) 7:1, 131-154

Table 1
Number of Registered Arms and Weapons in Nepal

S. No. Types of arms Number of arms

1. Pistol 312

2. Revolver 117

3. 12 bore guns 13892

4. 22 bore guns 4661

5. Bharuwa banduk 1

6. 2 Nale banduk 12091

7. Hawadari banduk 1010

8. Others 2231

Total 34315

Source: Khoj Khabar Program, Sagarmatha Television, 22 July 2012

Table 1 reflects the total number of private weapons and types of weapons registered
in Nepal. The table presented that 34314 small arms were granted licenses in Nepal
before 1990. Likewise, this number was remaining same until 2015 as Basnet
(2019) study shows that even until 2015, total 34 thousand 314 arms and weapons
including pistol, revolver, improvised or home-made, and other guns have been
registered.

Moreover, during a telephonic conversation held on May 6, 2024, a section official

from the MoHA. of the Government of Nepal revealed that the compiling of
comprehensive report on the creating the precise count of registered small arms and
weapons is ongoing in Nepal. As per the information the current estimation stands
at 33,373 that shows that the registration of small arms and weapons has been
declined in the number in comparison to the data of 2012. It highlights, on the one
hand, the government's dedication to upholding transparency and answerability, in
 Thapa : Small Arms Influx and its Implication... 145

another hand, the management of firearms, which is essential for the protection of
public welfare and national and the responsibility of government as well.

These small arms contribute a range of security issues, including armed violence,
terrorism, organized crime, human rights abuses, and the displacement of population.
Moreover, presence of those arms can undermine effort to establish peace and
security in long-term. Moreover, it is seen that the cases of police officers involved
in various crimes have been reported and key informants referred to plainclothes
police having been involved in various forms of extortion and selling or carrying
arms for criminal gangs (Racovita et al., 2013). Existing firearms law and their
punishment system are not enough to cope with the present situation of crimes.

During interviews conducted with individuals convicted in cases involving the

possession and trafficking of arms and ammunition, a recurrent theme emerged
regarding the perceived lack of consistency in the application of legal measures for
similar offenses. Specifically, incarcerated individuals contended that individuals
with political influence often receive preferential treatment in terms of both
sentencing leniency and access to facilities within correctional systems. This
observation underscores a critical need for legislative reforms aimed at addressing
disparities in the punishment of individuals involved in the possession and illegal
trade of small arms. Consequently, it is imperative for governments to enact
comprehensive legal frameworks and regulations designed to uniformly penalize
perpetrators engaged in the unlawful possession and trafficking of firearms and
related materials.

Security Implications of Small Arms

The presence of small arms within Kathmandu Valley poses a significant threat
to security. Security stands as a paramount concern across all human societies,
acting as a foundational element for societal progress. The proliferation of small
arms undermines this security fabric, engendering an environment rife with threats
and illegal activities. The empirical evidence presented underscores the severity
of the issue, highlighting the unsustainable conditions and pervasive threats faced
by the general populace within urban areas. Notably, criminal syndicates and gang
elements have established a foothold within the Kathmandu Valley, utilizing small
146 Journal of APF Command and Staff College (2024) 7:1, 131-154

arms to orchestrate illicit activities and perpetuate an underground trade network

within city confines. Moreover, this phenomenon has disproportionately affected
and ensnared a considerable portion of the youth population, exacerbating the
societal repercussions of these illegal acts.

The security agencies of Nepal lack in adequate equipment and technologies.

They perform their duty on very limited modern equipment and resources. With
the limited resources and budgets, they are facing hard times to establish good
law and order in society. On the other hand, criminals apply modern techniques
with technology and use small arms by learning about the various criminal groups
through the internet, videos, and documentaries. They are learning new techniques
and technology day by day and at the same time, the security forces are just entering
into society with same of equipment and resources. This needs to develop modern
technology in the security agencies which makes them perform better work to cope
with the small arms and its proliferation.

Nepalese people are seriously affected from insecurity and violence. Phenomena
of criminality led insecurity, such as kidnapping of children, murder and attempted
murder, robbery, illegal trafficking of arms and ammunitions, human trafficking,
drugs abuses and trafficking, atrocities, murders, killings, massacres, forced
displacement became serious (Upreti & Nepali 2006). Due to the lack of technology
and trained technical manpower, vehicle x-ray machines, it becomes difficult to
track such hiding weapons inside the vehicle. So, the technology and sniffing dogs
should be deployed in those Nakas (entry point) to curb small arms and other illegal
activities.

The manufacture and supply of new weapons both inside and outside the continent,
to the remnants of weapons shipped into Africa in the 1970s and 1980s by the former
Soviet Union, the United States and their allies to facilitate different inter-state and
intra-state proxy wars also played a role in the use and proliferation of small arms
(Edeko,2011). Further Clarke (2020) explained that in order to understand how
SALW served as a source of terrorist financing, not only in terms of trafficking
but also with respect to armed robberies, extortion, and other revenue-generating
activities, it is critical to comprehensively examine not only terrorist and insurgent
groups themselves, but also their operating environments.
 Thapa : Small Arms Influx and its Implication... 147

Although there is no unanimous understanding among the researchers and scholars

about the number of deaths caused by small arms in Nepal during the decade-long
conflict, Bogati (2012) revealed that according to United Nations High Commission
for Human Rights (2012) the decade-long insugrency between the Government
of Nepal and the Communist Party of Nepal (Maoist) resulted in 13,000 deaths
mainly due to the use of small arms. Many were victimized, abducted, displaced,
or threatened by the use of small arms. With the emergence of armed groups in
the Terai and Eastern Hills – made up of local criminals, unemployed youth, and
former Maoist combatants – after the Comprehensive Peace Agreement (CPA), the
use of small arms for criminal activities skyrocketed.

Figure 2

Network of Illegal Small Arms, How the Criminal Group Access the Small Arms
from the Manufacturer and Black Market.

Source: Field survey, 2024

Figure 2 shows the mobility of the small arms from the manufacturer to consumer.
In the entire process, black marketing of the small arms is exploited by the numerous
criminal groups, armed groups an civilian. Apprehending the same, it can be realized
how the security threats from small arms are numerous and diverse. Nepal has seen
many political changes during short period. Following the abolition of monarchy
and establishment of Republican system, the safety and security always remain in
148 Journal of APF Command and Staff College (2024) 7:1, 131-154

mist. The security implication from small arms can be visualized from following
figure:

Figure 3

Security Threats from Small Arms

Source: Field survey, 2024

The Figure 3 illustrates the social threats, economic threats and security threats
emanating from the influx of the small arms. As such, the implications of the small
arms are noticeable in economic activities, informal economy, illicit economies and
corruption. At the social domain, the impacts are felt through domestic violence,
crime, migration, displacement and several social insecurities. In the realm of
security, the implications of small arms influx are more severe, manifested in their
criminal use, terrorism, insurgency, illegal arms trafficking and state-sponsored
violence.

This study has discovered that there are various challenges to fight the proliferation
of SALW in Kathmandu, particularly after the country turned into republic from
monarchical system of governance. Jekada (2005) believes that, border is the focal
point for the proliferation, accumulation and as such, easy availability of weapons
 Thapa : Small Arms Influx and its Implication... 149

should be viewed as a sufficient factor in triggering violent behaviors and conflict-

bound situations. The idea of the availability of small arms and light weapons is
as result of various porous borders, whose systematic management and regulation
have faced numerous traditional and non-traditional security challenges.

One of the efforts to preserve international peace and security in 21st century has
been the issue to control or limit the number of small arms and light weapons in
circulation, and the way in which weapons can be used through illegal possession
of arms for criminal purposes by individuals or groups in the society (Ubale, 2018).

From the above discussions, the key findings of this research paper can be
summarized as follows:

i. Despite the conclusion of the post-conflict period and the transition to a stable
government, there persists a notable escalation in the proliferation of small
arms.

ii. A concurrent rise in criminal activities facilitated by the use of small arms is
evident, indicating a concerning trend in the region.

iii. The vulnerability of the security environment within Nepal is exacerbated by

a confluence of factors, including political instability, inadequacies in security
infrastructure, deficient border surveillance equipment, economic downturns,
and a culture of political impunity.

iv. Existing legal frameworks lack sufficient penalty provisions to effectively deter
and punish offenders involved in the unlawful possession and use of small
arms.

v. The absence of a robust regulatory body for overseeing licensed firearms

exacerbates the shortcomings in law enforcement mechanisms, potentially
allowing for the exploitation of legal and policy loopholes.

Conclusion

Against the same backdrop, this study has realised that SALW persist as easily
accessible tools facilitating armed conflict, terrorism, and criminal activities. The
recognition of SALW proliferation as a menace to peace, security, development,
150 Journal of APF Command and Staff College (2024) 7:1, 131-154

and human rights underscores the urgency for concerted action. The proliferation
of small arms has emerged as a prominent factor contributing to sustained regional
instability across various regions of Nepal in recent years. This proliferation
precipitates a myriad of adverse consequences, including exacerbating human
suffering, fuelling criminal activities, jeopardizing individual and societal security,
impeding efforts toward reconciliation and peace-building, and hampering
economic and social development initiatives. Moreover, the persistent circulation
of small arms following the cessation of conflicts presents a persistent threat, as
these weapons can readily reignite violence or incite new conflicts at any given
moment.

The inadequately managed border security arrangements between Nepal and India
have facilitated the sanctuary and operational freedom of numerous insurgents and
criminal elements within Nepalese territory. Exploiting this porous border, these
actors utilize Nepal as a haven for concealing their activities and perpetrating cross-
border criminal endeavours. Furthermore, Nepal's geographical position as a transit
point serves as a conduit for the clandestine transportation of weapons, enabling
these groups to procure arms with relative impunity.

Reducing the degree and the level of misuse of small arms and light weapons in
Nepal, from the hands of combatants, criminals and terrorist, there is an urgent
need for a new dimension of approach that calls for a serious engagement with
all stakeholders to developed an inclusive security package that suits Nepal’s
peculiarities and vulnerabilities for regulation of SALW in Nepal and effectively
implement action program and the evaluation instrument mechanism to ensure that
small arms and light weapons are not in the hands of criminals or terrorists. Most
importantly, the attempts and efforts towards fighting the proliferation of small arms
and light weapons must engage civil society groups and other community structure
competent enough to ensue peaceful and secured society.

The proliferation of small arms within Nepal has emerged as a critical factor, posing
significant challenges to peace, security, and socio-economic development. As a
result, there is chance of being threat of theft, robbery, assault, and murder buy use
of such type of small arms in Kathmandu. Which pose the direct threat to social
life, social peace and harmony, and the economic activities as a whole. Moreover,
 Thapa : Small Arms Influx and its Implication... 151

the presence of small arms creates an atmosphere of insecurity and fear among
civilians, affecting daily lives, mobility and mental well-being as well.

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