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| The Maharashtra Bill threatens to undercut the constitutional pact between the state and the citizen that protects, not just permits, dissent and debate. |
Mumbai - The Maharashtra government has introduced a controversial new security bill that critics say could severely threaten civil liberties and freedom of expression in the state. The Special Public Security Bill, 2024, tabled last week, aims to combat what the government terms "urban Naxalism" but has drawn sharp criticism for its broad and vague definitions of unlawful activities.
The bill expands on existing anti-terror legislation, notably the Unlawful Activities Prevention Act (UAPA), by including a wide range of activities under the umbrella of "unlawful." These include vaguely worded offenses such as "being a menace to public order," "interfering with administration of law," and "generating fear and apprehension in public."
Legal experts and civil rights activists argue that these loose definitions could potentially criminalize legitimate forms of dissent, protest, or even criticism of the government. The bill's introduction of the term "urban Naxals" into legal vocabulary has particularly alarmed observers, as this politically charged term has been controversially used in the past to target students, writers, and activists.
The proposed legislation grants extensive powers to the state, including the ability to evict accused individuals from their premises and freeze their bank accounts before a trial has even begun. Critics point out that the bill fails to make crucial distinctions, such as between active members of an organization and those merely associated with it.
This move by the Maharashtra government appears to go against recent judicial trends. Both the Delhi High Court and the Supreme Court have emphasized the need for a high bar when invoking stringent laws, particularly in cases related to terrorism and public order.
The timing of the bill's introduction has also raised eyebrows. Tabled just before the prorogation of the assembly's monsoon session and with state elections looming in November, the bill has effectively lapsed. However, concerns remain that it could be revived in the future.
As debate over the bill continues, many argue that it represents a dangerous overreach that could undermine the constitutional protections for dissent and debate in India's democracy. The coming months will likely see intense scrutiny and discussion of this contentious piece of legislation.
