Questionable intent: On the Maharashtra Special Public Security Bill, 2024
Maharashtra Bill to tackle extremism liable to widespread misuse
The Bill tabled by the Maharashtra government to tackle unlawful activities by organisations linked to left-wing extremism is unnecessary, and perhaps even unconstitutional. When existing laws seem adequate to tackle extremism, and the area affected by left-wing extremism is limited in the State, the only reason such a proposal has been made could be an oblique intent to crack down on lawyers, dissenters and human rights activists involved in taking up the cause of the marginalised. The Bill may fall foul of constitutional provisions, as it contains overbroad terms that may cover individuals and organisations that may pose no threat to public order. The core of the proposed law appears to be the questionable term ‘urban Naxal’, even though the phrase itself does not find a place in the Maharashtra Special Public Security Bill, 2024. The Statement of Objects and Reasons talks about ‘safe-houses’ and ‘urban dens’ of the Maoist network in cities. It claims that existing laws are inadequate and that Naxal frontal organisations are active in the absence of a special law. Given that several provisions in the State’s Bill are already found in the central law, the Unlawful Activities (Prevention) Act, it is indeed a strange claim.
The most serious provisions that allow for declaring organisations unlawful and make it an offence to be a member of or in any manner assisting or participating in meetings of such organisations are too widely worded. An organisation, for instance, can be any group or body of persons whether or not known by any name or registration. ‘Unlawful activity’ includes not only words or actions that threaten public order but also anything that interferes with the administration of law or with its institutions and personnel. In effect, this may cover any organised protest. It not only includes promoting violence and the use of firearms or explosives but also “encouraging or preaching disobedience to established law and its institutions”. This may be interpreted to include protests against or even condemnation of police excess, custodial violence or any miscarriage of justice. While committing an unlawful activity may entail a jail term of up to seven years, even one who is not a member of an unlawful organisation can be jailed for two years on the charge of soliciting aid for it or three years for promoting a meeting of the organisation. The most draconian provisions are the ones empowering the government to seize any house or building where unlawful activities take place, evict its occupants and take over its money and assets. The Bill is expected to lapse as the current Assembly may have already held its last session before elections later this year, but the questionable intent may survive into future regimes too.