Skip to main content

Maharashtra govt's proposed bill may be used against 'dissenting' journalists, writers, filmmakers, artists

Counterview Desk 
The People’s Union for Civil Liberties (PUCL), Maharashtra, strongly objecting to what it calls “repressive and unconstitutional” Maharashtra Special Public Security Bill 2024, has demanded the proposed law be scrapped in its entirety. In its Statement of Objects and Reasons for the Bill, PUCL noted,  the broad and non-descript label of ‘urban naxal’ has been used, which is actually a “common slur used for any citizen who expresses their opposition to state policy or is not aligned with right-wing majoritarian views."
PUCL insists in its statement,"The state government through this law, aims to legitimise the criminalisation of dissenting citizens, human rights defenders and political opponents". The bill seeks to "suppress political opponents, public protests, people’s movements, and civil society and human rights activists, journalists and lawyers", PUCL said in its statement.

Text:

People’s Union for Civil Liberties (PUCL) Maharashtra strongly objects to the Maharashtra Special Public Security Bill, 2024, tabled in the Monsoon session of the Vidhan Sabha on 11th July 2024 on grounds that it is repressive, unconstitutional, overbroad, arbitrary and inherently allows for misuse. 
PUCL Maharashtra is extremely concerned about the implications of the Maharashtra Special Public Security Bill for civil liberties and rights of the citizens to freedom of speech and expression, association and assembly, and the right to protest peacefully.   
It has been claimed that the Bill, approved few days back by the Cabinet of the Eknath Shinde Government, was drafted on the lines of the Chhattisgarh Vishesh Jan Suraksha Adhiniyam (2005)  (“Chhatisgarh Act”) and the Andhra Pradesh Special Public Security Act (1992). In the state of Chhattisgarh, and Jammu and Kashmir -- where similar law being the Jammu and Kashmir Public Safety Act, 1978 was first introduced, it has received extensive criticism for being used to target journalists, lawyers, environmental defenders, citizen activists and adivasi protestors who have dissented against state action. A constitutional challenge to the Chhattisgarh Act is pending before the Hon’ble Supreme Court. 
Firstly, the draft of the Maharashtra Special Public Security Bill was not made available in the public domain nor made open to public scrutiny and objections; nor was it vetted by any body of legal experts and practitioners. The tabling of the Bill in haste in the last few days of the Monsoon Session, just two months before the State Assembly elections are to be held, is itself indicative of the opacity of the entire process and suspect motives behind its introduction at this critical time of democratic engagement.  
Given that there is already in existence an extremely harsh law for unlawful activities and terrorism in the country -- namely The Unlawful Activities Prevention Act, 1967 (UAPA) amended as recently as in 2019 (also draconian in nature); and a stringent State Act -- the Maharashtra Control of Organised Crime Act, 1999 to tackle organised crime, the present move of the State government and its timing seems to be aimed not at dealing with violent or terrorist activities; but in reality to suppress political opponents, public protests, people’s movements, and civil society and human rights activists, journalists and lawyers.  
The Statement of Objects and Reasons of the Maharashtra Special Public Security Bill of 2024, signed by the Deputy Chief Minister, Devendra Fadnavis, claims that the law is being brought in to address the menace of naxalism in urban areas and tackle frontal organisations of naxal groups by effective legal means. By using the broad and non-descript label of ‘urban naxal’, which has become a common slur used for any citizen who expresses their opposition to state policy or is not aligned with right wing majoritarian views, the state government through this law, aims to legitimise the criminalisation of dissenting citizens, human rights defenders and political opponents. 
The following are the detailed reasons why the provisions of the Maharashtra Special Public Security Bill, 2024 are unconstitutional, overboard, arbitrary and inherently allow for misuse: 
A) The Bill contains an unacceptably broad and vague definition of “unlawful activity” that includes any action which ‘constitutes a danger or menace to public order, peace or tranquillity’; or even ‘interferes or has a tendency to interfere with the maintenance of public order’; or ‘interferes or tends to interfere with the administration of law, or its established institutions and personnel’. Even the time-honoured practice of Satyagraha and any nonviolent act of civil disobedience would be hit by such provisionsz, as also peaceful protests which are in no manner associated with violence or terrorism, but are infact a constitutional right associated with democratic expression of citizens. In any event, these activities are already provided for and could easily be dealt with under the ordinary criminal law.  
B) Moreover, ‘any action taken by an individual or organisation whether by committing an act or by words either spoken or written or by signs or by visible representation or otherwise’, could constitute an “unlawful activity” under the Bill. Hence, it includes not just actions but any act of expression, like spoken words, online messages or posts, articles, artworks, demonstrations, placards, even gestures. Even an act or expression of support or solidarity provided by a person or group of persons could constitute an unlawful activity. It follows that all freedoms protected under Article 19 of the Indian Constitution can thus be curtailed - including freedom of speech and expression, association and assembly, press freedoms, academic freedoms etc. Even making a statement, lending of a book, or social media meme prepared or posted by an individual could be considered “unlawful activity” under the Bill.  This is wholly dangerous, and can be potentially used against journalists, writers, filmmakers, artists and any citizen expressing their dissent or critiquing the government, in any form or manner. 
C) Under the Bill, an “organisation”, is again very broadly and vaguely defined as meaning ‘any combination, body or group of persons, whether known by any distinctive name or not, and whether registered under any relevant law or not, and whether governed by any written constitution or not’. According to this definition, the Government can name as an “organisation” any group of people it aims to target - even if no such “organisation” per se exists, for instance a group of so-called urban naxals! This means that the government has the power to bring an entirely fictitious organisation into existence by naming a group of people as belonging to such an organisation. 
D) The Bill provides that an “organisation” can be notified as ‘being unlawful or having become unlawful’ even before such notification is placed before an Advisory Board within 6 weeks; and the Advisory Board can take up to three months in deciding whether there is sufficient cause for issuance of the notification. The notification that the government issues regarding declaration of unlawful organisation requires only the grounds to be stated (which is likely to be vague terms around danger to public order), but the Bill provides that the disclosure of any fact can be dispensed with by the Government in public interest, making the entire process nontransparent and making it easy for the Government to outlaw an organisation and target its members, without even providing reasons. Even if such an organisation has formally dissolved itself, it can be prosecuted. The organisation in question is granted an opportunity to make a representation to the government only within 15 days of such notification. Even personal hearing before the Advisory Board is provided only to the authorized office bearer of the organisation, who can be promptly arrested, since being a member per se is an offence under the Act. Moreover, no hearing whatsoever is provided before issuing such a notification against the organisation. 
E) Meanwhile, an “unlawful organisation” is defined under the Bill as ‘any organisation which indulges in or has in pursuance of its objects abets, assists or gives aid, or encourages directly or indirectly through any medium, devices or otherwise, any unlawful activity’. This basically means that any or every organisation, whether fictitious or real, whether directly or indirectly engaging in any of the broad activities defined as “unlawful activity”, could be potentially declared as an “unlawful organisation”. The definition of “unlawful organisation” also mischeviously fails to mention that it is required to be declared as unlawful under the Bill. 
F) Owing to such broad definitions provided in the Bill, the government is only required to be of the opinion that an organisation is or has become unlawful. There is no burden of proof whatsoever that is required to be borne by the government in declaring any persons or group and their activities as unlawful. In effect, the Bill gives the government the power to go after any individual or organisation that it perceives as a threat, can declare all its activities (including non-violent activity, speech or communications) as unlawful, and restrict its activities and punish some or all the individuals associated with it. Furthermore, the government will also have the power to bring an entirely fictitous “organisation” into existence, simply on account of a common purpose or shared ideology of a group of individuals, and act against the individuals that it deems to be associated with it, even in the absence of any evidence to substantiate the claim. 
Even the time-honoured practice of Satyagraha and any nonviolent act of civil disobedience would be hit by the Bill's provisions
G) According to the Bill, any person who is ‘eligible to be appointed as a judge of the High Court’ may be appointed as a member of the Advisory Board; this would include pro-government lawyers or district judges, since it is a body appointed by the government itself. An organisation can be declared unlawful for a period of one year at a time, by a publication in a local newspaper, and this notification can be extended indefinitely, a year at a time, without disclosing grounds if the government feels it is not in public interest. Thus, the oversight process under the Act is not at all efficacious. 
H) The Bill has also delegated draconian powers to a District Magistrate or Commissioner of Police or any officer authorized by him, who can notify a particular area or a particular building which in his opinion is used for unlawful activities; and then proceed to take possession of it, seize all articles in it and evict all persons in it. No notice or opportunity of hearing is provided before issuing notification in respect of an area or building, instead sweeping powers have been given to notify, raid and take over possession of notified places without recourse to the aggrieved organisation or individuals. Discretionary powers have been given to take possession of moveable property (including moneys, security and other assests found in the notified place) and even forfeit articles in favour of the government after considering representation of the person claiming the same. Even appeal from such order of forfeiture is before the Government itself! This gives rise to a serious apprehension of mass arrests, forfeiture of property and evictions, especially in remote areas where adivasis and forest dwelling communities are protesting against forest diversion and deforestation activities, mining, or high impact, high stake developmental projects that seek to displace them. Meanwhile the Bill gives excessive powers to the Government to issue order for investigation which can act as a warrant empowering the police officer to enter into the premise of any individual and conduct searches, raising actual fear of individuals being targeted for the literature, books, writings they personally collect, keep or hold.  
I) Penalties are so arbitrarily defined in the Bill that a particular act could be variously liable for imprisonment of 2, 3 or 7 years. Mere membership of an unlawful organisation is punishable by 3 years; and even a person who is not a member, but who contributes, solicits contributions 
or harbours a member of an unlawful organisation would be punishable by imprisonment of 2 years. What is of great concern is that these offences are defined without any element of mens rea, i.e intent. Even a draconian law like the UAPA has the element of mens rea included in the definition of offences, by qualifying acts with the phrase “knowingly and intentionally”. The Bill is hence, draconian and grants excessive, arbitrary powers, as it empowers the state to pick up and arrest anyone who protests, writes articles, reports or speaks against the government’s anti-people policies or criticises the government, even if that individual is remotely associated with an organisation it considers unlawful or to declare any group unlawful on a whim and arrest all individuals associated with it. 
J) Meanwhile, the Bill contemplates the framing of Rules. However, the proposed Rules have not been made public, posing serious questions on the manner in which the proposed law will be implemented.  
While the Monsoon Session of the State Assembly has come to an end without the passing of the Bill and consequently the Bill stands lapsed, in spite of the massive civil society and political objections reported in just a matter of days, no formal statement has been issued by the Maharashtra government assuring that the Bill will not be reintroduced and will be scrapped.  
The Bill cannot be allowed to silence the active citizenry and vitiate the democratic ethos of Maharashtra. There are lessons to learn from the Chhattisgarh Act, which has been used against ordinary adivasis forced to attend a meeting, or a doctor whose prescription was found in the kit bag of a Naxalite, or a tailor who unknowingly fulfilled an order of stitching  uniforms, or a security guard whose vehicle was seized at gunpoint by Naxalites. When the Act was proposed in Chhattisgarh in 2005, journalists were the first to protest, since it was clear from the language of the Act that even publishing the press release of an unlawful organisation, or reporting on the activities of such an organisation could attract punishment. Such a law if allowed in Maharashtra would only serve as a tool of abuse and repression, and will result in a chilling effect in the State. 
In these circumstances, PUCL Maharashtra urges the State government to ensure that the Maharashtra State Public Security Bill is not reintroduced in the State Assembly or pursued in any form, and is scrapped in its entirety. PUCL Maharashtra encourages all right-minded citizens, including all political representatives, to keep vigil and oppose the Bill, to ensure that such a draconian law is not passed in Maharashtra. In any event, no such Bill should be allowed to be passed in undue haste without inviting and considering the objections/ suggestions of the public, and without subjecting the same to critical review of legal experts to understand its ramifications. 
PUCL Maharashtra urges the State government to protect democratic principles, uphold constitutional values, and remove all embargo to peaceful protest and free expression in the State, with a view to ensure a healthy and vibrant democracy.     
-- Mihir Desai, President, Lara Jesani, General Secretary

Comments

TRENDING

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor*  This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

Two more "aadhaar-linked" Jharkhand deaths: 17 die of starvation since Sept 2017

Kaleshwar's sons Santosh and Mantosh Counterview Desk A fact-finding team of the Right to Feed Campaign, pointing towards the death of two more persons due to starvation in Jharkhand, has said that this has happened because of the absence of aadhaar, leading to “persistent lack of food at home and unavailability of any means of earning.” It has disputed the state government claims that these deaths are due to reasons other than starvation, adding, the authorities have “done nothing” to reduce the alarming state of food insecurity in the state.

Epic war against caste system is constitutional responsibility of elected government

Edited by well-known Gujarat Dalit rights leader Martin Macwan, the book, “Bhed-Bharat: An Account of Injustice and Atrocities on Dalits and Adivasis (2014-18)” (available in English and Gujarati*) is a selection of news articles on Dalits and Adivasis (2014-2018) published by Dalit Shakti Prakashan, Ahmedabad. Preface to the book, in which Macwan seeks to answer key questions on why the book is needed today: *** The thought of compiling a book on atrocities on Dalits and thus present an overall Indian picture had occurred to me a long time ago. Absence of such a comprehensive picture is a major reason for a weak social and political consciousness among Dalits as well as non-Dalits. But gradually the idea took a different form. I found that lay readers don’t understand numbers and don’t like to read well-researched articles. The best way to reach out to them was storytelling. As I started writing in Gujarati and sharing the idea of the book with my friends, it occurred to me that while...

What's behind Donald Trump's 'narco-state' accusation against Venezuela

By Manolo De Los Santos  The US government has revived its campaign to label Venezuela a "narco-state", accusing its top leadership of drug trafficking and slapping hefty bounties on their heads for capture. This campaign, which only momentarily took a backseat, is a strategic fabrication, not a factual assessment. This accusation, particularly amplified under the Trump Administration, is a calculated smokescreen to justify a long-standing agenda: the overthrow of the Venezuelan government and the seizure of its vast oil and mineral resources. A closer examination of the facts reveals a country that has actively fought drug trafficking on its own terms and a US government with a clear and consistent history of destabilizing independent countries in Latin America.

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

1857 War of Independence... when Hindu-Muslim separatism, hatred wasn't an issue

"The Sepoy Revolt at Meerut", Illustrated London News, 1857  By Shamsul Islam* Large sections of Hindus, Muslims and Sikhs unitedly challenged the greatest imperialist power, Britain, during India’s First War of Independence which began on May 10, 1857; the day being Sunday. This extraordinary unity, naturally, unnerved the firangees and made them realize that if their rule was to continue in India, it could happen only when Hindus and Muslims, the largest two religious communities were divided on communal lines.

Ground reality: Israel would a remain Jewish state, attempt to overthrow it will be futile

By NS Venkataraman*  Now that truce has been arrived at between Israel and Hamas for a period of four days and with release of a few hostages from both sides, there is hope that truce would be further extended and the intensity of war would become significantly less. This likely “truce period” gives an opportunity for the sworn supporters and bitter opponents of Hamas as well as Israel and the observers around the world to introspect on the happenings and whether this war could have been avoided. There is prolonged debate for the last several decades as to whom the present region that has been provided to Jews after the World War II belong. View of some people is that Jews have been occupants earlier and therefore, the region should belong to Jews only. However, Christians and those belonging to Islam have also lived in this regions for long period. While Christians make no claim, the dispute is between Jews and those who claim themselves to be Palestinians. In any case...

Fate of Yamuna floodplain still hangs in "balance" despite National Green Tribunal rap on Sri Sri event

By Ashok Shrimali* While the National Green Tribunal (NGT) on Thursday reportedly pulled up the Delhi Development Authority (DDA) for granting permission to hold spiritual guru Sri Sri Ravi Shankar's World Culture Festival on the banks of Yamuna, the chief petitioners against the high-profile event Yamuna Jiye Abhiyan has declared, the “fate of the floodplain still hangs in balance.”