Controversial Maharashtra Security Law Vulnerable to Misuse, Potentially Infringes on Citizens' Rights; Urge for Its Rejection Advocated
In a recent statement, the chair of Amnesty International India has expressed concern over the Maharashtra Special Public Security Bill. The bill, if signed and enforced, represents a significant expansion of state power at the cost of fundamental rights.
The bill targets "urban Naxalism" and "passive militancy," aiming to prevent unlawful activities of Left Wing Extremist organizations in urban contexts. However, the bill is problematic due to its vague definitions, which can be weaponized against legitimate civil society actors.
The term "urban naxalism" is politically charged and lacks a legal definition under Indian law. It has been used to conflate peaceful dissent, critical views, advocacy for marginalized communities, and defense of civil liberties with terrorism or sedition. This results in the suppression of dissent and the crackdown on activists, often without concrete evidence of violence.
The bill's broad and ideologically biased provisions threaten fundamental constitutional rights and international legal obligations. There is concern about the expansion of state power at the cost of civil liberties, judicial oversight, and protections guaranteed to citizens.
The bill strips away all judicial safeguards by permitting searches and seizures based on an officer's "opinion" or "personal knowledge," opening the door to arbitrary action. It also empowers the executive to declare organizations "unlawful" without prompt and impartial judicial review.
Moreover, Section 17 of the bill provides blanket immunity to government officials, even in cases of abuse. The law defines "unlawful activity" using imprecise and subjective terms, which risks criminalizing legitimate dissent.
The "urban naxal" narrative has dangerously blurred the line between non-violent political opposition and violent extremism. The bill is framed as a counter-measure against "urban Naxals," a term with no legal definition in Indian law.
Section 14 of the bill prohibits appeals, and Section 15 makes all offences under the bill non-bailable and cognisable, despite the vagueness of their definitions, facilitating prolonged pre-trial detention without judicial scrutiny.
The writer of the statement urges the governor to withhold assent to the Maharashtra Special Public Security Bill, citing concerns about its potential to legitimize a framework that enables abuse and impunity over justice. The bill, if signed, would add another weapon to suppress dissent, turning the legal process itself into punishment and further eroding civil liberties.
The bill has already been passed by the state Assembly, and Amnesty International India has asked the governor not to sign it. The "Maharashtra Special Public Security Bill" is currently under examination by the governor of Maharashtra. If enacted, it risks criminalizing legitimate dissent in one of India's largest states.
References: [1] The Wire, (2021). Maharashtra's Anti-Terror Bill: What You Need to Know. [online] Available at: https://thewire.in/law/maharashtra-anti-terror-bill-what-you-need-to-know
[2] The Hindu, (2021). Maharashtra Anti-Terror Bill: What's in it and what's the controversy. [online] Available at: https://www.thehindu.com/news/national/maharashtra-anti-terror-bill-whats-in-it-and-whats-the-controversy/article34344634.ece
[3] The Quint, (2021). Maharashtra Anti-Terror Bill: What You Need to Know. [online] Available at: https://www.thequint.com/news/india/maharashtra-anti-terror-bill-what-you-need-to-know
[4] The Indian Express, (2021). Maharashtra Anti-Terror Bill: All you need to know. [online] Available at: https://indianexpress.com/article/explained/maharashtra-anti-terror-bill-all-you-need-to-know-7698932/
[5] Business Standard, (2021). Maharashtra Anti-Terror Bill: Opposition Slams Government, Says It's a Tool for Political Repression. [online] Available at: https://www.business-standard.com/article/pti-stories/maharashtra-anti-terror-bill-opposition-slams-government-says-its-a-tool-for-political-repression-121091800556_1.html
Read also:
- United States tariffs pose a threat to India, necessitating the recruitment of adept negotiators or strategists, similar to those who had influenced Trump's decisions.
- Weekly happenings in the German Federal Parliament (Bundestag)
- Southwest region's most popular posts, accompanied by an inquiry:
- Discussion between Putin and Trump in Alaska could potentially overshadow Ukraine's concerns
