Mumbai— The People's Union for Civil Liberties (PUCL) Maharashtra has issued a strong objection to the Maharashtra Special Public Security Bill 2024, introduced during the Monsoon session of the Vidhan Sabha on July 11. The civil liberties organization condemned the Bill as repressive, unconstitutional, overbroad, arbitrary, and inherently prone to misuse.

PUCL, founded in 1976 by Jaya Prakash Narayan is India's largest human rights & civil liberties organization.

PUCL Maharashtra expressed grave concerns about the Bill’s potential impact on civil liberties, particularly the rights to freedom of speech and expression, association and assembly, and the right to peaceful protest.

The organization highlighted that the Bill, approved by the Cabinet of the Eknath Shinde Government, was modelled after controversial laws like the Chhattisgarh Vishesh Jan Suraksha Adhiniyam (2005) and the Andhra Pradesh Special Public Security Act (1992).

Similar laws, such as the Jammu and Kashmir Public Safety Act (1978), have faced extensive criticism for targeting journalists, lawyers, environmental defenders, citizen activists, and Adivasi protestors.

Notably, opposition parties too, had condemned the “authoritarian” Maharashtra Special Public Security Bill, 2024, on Friday and demanded its withdrawal. It has been introduced with the objective of curbing Naxalism in urban and rural areas.

Lack of Transparency and Democratic Process

PUCL pointed out that the draft of the Bill was not made available for public scrutiny or objections, nor was it vetted by legal experts. The organization criticized the hasty tabling of the Bill just two months before the State Assembly elections, suggesting suspect motives behind its introduction during this critical time of democratic engagement.

The organisation emphasized that existing laws like the Unlawful Activities Prevention Act (UAPA) and the Maharashtra Control of Organised Crime Act (MCOCA) already address unlawful activities and terrorism.

The timing of this new Bill, according to PUCL, appears to be aimed at suppressing political opponents, public protests, people’s movements, civil society, and human rights activists, rather than addressing violent or terrorist activities.

Vague and Broad Definitions

The organization detailed several reasons why the Bill is unconstitutional and open to misuse:

• Definition of "Unlawful Activity": The Bill includes broad and vague definitions that could encompass non-violent civil disobedience and peaceful protests. Actions or expressions that constitute a danger to public order or interfere with the administration of law could be deemed unlawful, potentially criminalizing a wide range of democratic expressions.

• Freedom of Expression at Risk: The Bill could target any act of expression, including spoken words, online messages, articles, artworks, demonstrations, and gestures. This could severely curtail freedoms protected under Article 19 of the Indian Constitution.

• Definition of "Organisation": The Bill’s broad definition of an organization allows the government to target any group of people, even if no formal organization exists. This could lead to the criminalization of groups based on common purposes or shared ideologies.

Arbitrary Powers and Lack of Accountability

The Bill grants excessive powers to the government, including the ability to declare organizations unlawful without sufficient cause or transparency. Notifications of unlawful organizations can be issued without immediate review, and property can be seized without prior notice or opportunity for hearing.

The PUCL warned of the potential for mass arrests, property forfeiture, and evictions, particularly in remote areas where Adivasi and forest-dwelling communities protest against deforestation, mining, or high-impact development projects.

It has urged the State Government to scrap the Bill in its entirety. Despite the Monsoon Session ending without the Bill’s passage, the organization called for vigilance from rights-minded citizens and political representatives to ensure the Bill is not reintroduced.

PUCL Maharashtra President Mihir Desai and General Secretary Lara Jesani, in a joint statement, emphasized the need to uphold democratic principles and constitutional values. They called for the removal of all barriers to peaceful protest and free expression to ensure a healthy and vibrant democracy in Maharashtra.