Outrageous law with draconian provisions
A new law proposed by the Maharashtra government, called the Special Public Security Bill, 2024, with the purported aim of tackling ‘urban Naxalism’, is yet another draconian law with high potential for misuse. The government tabled the Bill last week with the claim that other anti-terror laws are not effective in meeting the threat of ‘urban Naxalism’. It gives the government the power to criminalise the activities of individuals and organisations, and prescribes stringent punishments. The state already has the Maharashtra Control of Organised Crimes Act (MCOCA), which covers much the same ground. The Union government’s Unlawful Activities Prevention Act (UAPA) also addresses terrorism. The Bill can deem as terrorist activity anything which is “a menace to public order”, interferes “with administration of law”, generates “fear and apprehension in public”, and “preaches disobedience of law”. These are vague and general descriptions, and hold the potential to be widely misused.
The phrase ‘urban Naxal’ is used by the Bharatiya Janata Party (BJP) and its ideological fraternity to describe leftists and all those who oppose and criticise them. Social and political activists, students, farmers, and writers have all been branded ‘urban Naxals’ and vilified. It is not a legal term, and the claim that the Bill is meant to deal with “growing urban Naxal menace” shows the political intent behind the legislation. The Bill says that the “menace of Naxalism is not limited to remote areas of the Naxal affected states but its presence is increasing in the urban areas.” The government has been claiming that Maoist activities have been declining in India and they are no longer a threat. The same laws used against Maoists in forests and villages can also be used against Naxals in urban areas. There is no need for any separate legislation.
The Bill empowers the government to evict the accused from their premises and seize their bank accounts even before the trial begins. It makes no distinction between members of an organisation and those associated with it. Those arrested under the law will have no recourse at the district level and will have to approach the High Court or the Supreme Court for relief. It also gives protection to the police and officials against any court action for misuse of the law. There is no legitimate ground or legal need for the Bill now, and it will only provide another weapon to the government to suppress citizens’ rights and harass and act against protesters, critics, and dissenters. The Bill may not be passed now because the Assembly has been prorogued, but it reveals the government’s intentions.