Adv Abhishek Aghav
The Maharashtra Special Public Security Bill was passed by the legislature with an intention to address the growing presence of urban Naxalism in metropolitan areas and urban centres. The legislation seeks to curb the destructive tendencies of urban Maoists, who, under the garb of freedom of speech and expression, openly conduct public meetings and encourage unlawful activities. The government has expressed concern that premier educational institutes are increasingly becoming hubs for promoting caste conflicts, inciting communal riots, nurturing leadership for unlawful movements, and mobilising funds and logistical support for illegal and anti-constitutional operations. The opposition argues that the proposed law is draconian in nature, as it could suppress the right to express public outrage against government decisions and curb citizens’ freedom of expression. They fear that the broad and vague interpretation of term urban Naxalism may allow the ruling government to label any individual or organisation opposing it as such. The opposition emphasises that strict interpretation of the law, along with clear regulations and guidelines, must be ensured so that its true objective of tackling activities like promoting caste and communal conflict, mobilising unlawful movements, and raising funds for anti-constitutional activities is upheld without encroaching upon fundamental right. In the response to this criticism, the Chief Minister assured that there would be no abuse of power, describing the bill as balanced and more progressive than existing laws in Telangana, Andhra Pradesh, Odisha, and Jharkhand. He further emphasised that the law is aimed solely at safeguarding Maharashtra and the nation from those who wage war against the constitution. As far as constitutional validity is concerned, a similar law was enacted in Chhattisgarh, and since its constitutional validity has already been upheld, it can reasonably be concluded that the proposed law will withstand the judicial scrutiny. The law is therefore both necessary and justified to curb destructive tendencies. It is further expected that the government, while upholding the essence of this legislation, will ensure that it remains true to its intended purpose of safeguarding peace, tranquillity, and the integrity of our social and democratic fabric.
(The writer is practising advocate at Bombay High Court).