Maharashtra Special Public Security Bill repressive, allows misuse: Civil society

Critics warn Maharashtra Special Public Security Bill, 2024 could turn state into police state, criminalize dissent, and curb freedoms.

At least seven sections of the Maharashtra Special Public Security Bill, 2024 are either vague or bypass courts or give overriding powers to the State machinery, which is far beyond the objective of curbing Naxalism that the ordinance is aimed at, said civil society members.

The State government tabled the Bill in the Maharashtra Legislative Assembly on July 11. Deputy Chief Minister and Minister for Law and Judiciary Devendra Fadnavis justified the requirement by saying that Naxalism is not limited to remote areas of the State but has reached the cities through frontal organisations.

The Bill’s objective reads, “The spread of active frontal organisations of the Naxal groups gives constant and effective support in terms of logistics and safe refuge to their armed cadres. The seized literature of Naxals shows ‘safe houses’ and ‘urban dens’ of the Maoist network in the cities of the State of Maharashtra. The activities of Naxal organisations or similar organisations through their united front are creating unrest among common masses to propagate their ideology of armed rebellion against the constitutional mandate and disrupting public order in the State.”

The Unlawful Activities Prevention Act, 1967 and The Maharashtra Control of Organised Crime Act, 1999 are already in force in the State. But the government has said that existing laws are ineffective and inadequate to curb and control these organisations in the urban areas through “effective legal means”.

Such a special legislation has been passed in Chhattisgarh, Telangana, Andhra Pradesh and Odisha to control “unlawful activities” of such organisations and banned 48 frontal organisations. But members of the civil society are of the view that the proposed legislation has far reaching consequences.

“This is an anti-people Bill. If the Opposition does not stop it, the Bill must be fought on the streets. Maharashtra Special Public Security Bill will turn Maharashtra into a police State and outlaw dissent as well as protestors as urban Naxals,” Tushar Gandhi, the great-grandson of Mahatma Gandhi, said.

Activist Teesta Setalvad said seven sections either violate human rights or are vague in definition. “This is a draconian anti-constitutional proposed law. Maharashtra follows Jammu & Kashmir, Chhattisgarh and Odisha to table a third and draconian law avowedly to tackle ‘urban Naxals’ not a legally defined but a politically stigmatising term used by proto-fascist forces to criminalise protest and dissent, jail writers, academics, activists, Opposition leaders, etc.,” Ms. Setalvad said.