In tabling and passing the stringent Maharashtra Special Public Security Bill in the state assembly in two days, with a controversial voice vote, the Mahayuti government of Chief Minister Devendra Fadnavis has doubled down on its intent to stifle opposition from the left-wing. This is a revised version of the Bill introduced last December and, after protests, referred to a review committee of all-party MLAs.
The law intends to curb “extremist Left ideology” and Naxalism or Maoism, but, as a wide range of critics have pointed out, it gives the government virtually unchecked powers to act against political protesters, activists, and organisations that question it. The definitions, especially the ones pertaining to disturbance of public order, can be invoked to silence any and all opposition.
Clearly, the law is an unscrupulous and undemocratic move of the government, whose fount is the right-wing Rashtriya Swayamsevak Sangh, marshalling its constitutional position to diminish its ideological opponents.
The Fadnavis government has challenged the very spirit of the Constitution that allows for dissent. That the original and revised Bill was widely referred to, in the corridors of power, as the ‘Urban Naxal Bill’ signals a witch-hunt of organisations that challenge the government and, even vaguely, draw references to any ideology other than the right-wing.
This is unreasonable because the political challenge to a right-wing government can only come from centrist or left-of-centre organisations. This, under the miasma of security, has now been criminalised.
Fadnavis insists that the law was essential to dismantle the networks of left-wing extremist groups in rural areas and urban safe houses, but the need for such a law is in question when the union home ministry has bragged about the sharp decline in Maoist activities in the past few months.
That states like Andhra Pradesh, Telangana, Chhattisgarh and Odisha have similar laws is a poor argument indeed. Passing such a critical Bill with a voice vote shows some desperation. Why is the Fadnavis government so afraid of its opponents?
Opposition MLAs in the review committee had raised many objections and made recommendations, while civil society organisations had submitted their suggestions. The law reflects only a few of these, such as deleting the prosecution of individuals and having a retired High Court judge head the advisory board authorising investigations; most substantive ones were ignored.
Importantly, the term “urban Naxal” was retained, though it has no legal basis and has been used already to discredit, harass and criminalise political opponents and civil society protesters.
Maharashtra Introduces Public Security Bill To Curb Urban Naxalism; Opposition Warns Of Dissent CrackdownSustained collective action, including state-wide protests, by organisations and intellectuals had forced the Fadnavis government to review the original Bill; the opposition parties like NCP (Sharad Pawar) and Shiv Sena (UBT) had supported it. The voice vote muddies this collective now, leaving civil society to resume the fight against a law meant to crush it.
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