Mumbai, July 11 Opposition parties on Friday said that the Maharashtra Special Public Safety (MSPS) Bill, 2024, is a deliberate attempt by the state government to consolidate and legitimise extraordinary executive powers in the name of public safety.
They said that although some procedural changes have been made following the recommendations of the Joint Select Committee, the basic structure of the bill is oppressive, ambiguous and open to abuse.
The opposition parties comprising Shiv Sena UBT, Congress and NCP SP in a dissent letter addressed to the Maharashtra Legislative Council Chairman said the bill is not a public safety measure - it is a legal blueprint for political repression.
“It combines the worst features of UAPA, NSA, and AFSPA without reference to national security and applies them to civil resistance, democratic expression, and opposition organisations. The important concerns raised by opposition members, civil society and constitutional experts have been ignored or sidelined.”
The opposition’s move comes a day after the state assembly passed the bill by voice vote, and Chief Minister Devendra Fadnavis clarified that the bill is not to harass anyone, but it is against those who incite people against the Indian Constitution. No action can be taken against any journalist or political leader. The bill is for the security of the country, the state and against those who want to declare war against the Indian Constitution.
“When the UAPA 1967 (amended in 2008, 2019), the Indian Penal Code (IPC), 2023 and the MCOCA, 1999 are already in force in the state and give unfettered and draconian powers to the state and the police, is there a need for another law?” asked the opposition parties.
“The proposed law, the MSPS Bill 2024, must also be seen in the context of several pre-existing laws, UAPA 1967 and BNS 2023, which are central laws enacted to combat anti-terrorism and organised crime. This, along with the MCOCA, 1999, a state law, already provides a broad legal framework to address activities considered to be ‘terrorist or separatist’. These laws give extraordinary and significant powers to the state and its police apparatus to take action against persons involved in activities that threaten national security, integrity or sovereignty,” said the opposition parties.
They said that the inclusion of draconian provisions in Maharashtra's criminal laws, especially without the necessary safeguards, raises serious concerns about the potential for abuse.
“In the current climate of intolerance towards any political or constructive opposition to the government's policies and the misuse of powers by investigative agencies, this bill only increases the risk of arbitrary state action and further endangers fundamental rights,” they argued.
Further, the opposition parties said that the joint select committee was not a place for democratic deliberation, but rather a procedural formality used to silence public criticism and legitimise already predetermined legal conclusions.
“The final bill now presented reflects this closed process: a text full of constitutional errors, ideological targeting, and structural biases, which, while presented as a measure "for public safety," functions as an instrument of political repression,” added the opposition parties.
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