Law seeks to curb ‘passive militancy’; civil society groups not convinced

On Thursday, the Special Public Security Act (SPSA) was unanimously passed by the legislative assembly even as civil society groups and organisations said the law was against the Constitution and they would challenge it in court

Mumbai: Maharashtra has become the fifth state after Andhra Pradesh, Telangana, Chhattisgarh and Odisha to enact a special law to curb left wing extremism (LWE), the central government’s preferred term for Maoist/ Naxalite activities. On Thursday, the Special Public Security Act (SPSA) was unanimously passed by the legislative assembly even as civil society groups and organisations said the law was against the Constitution and they would challenge it in court.

CM Devendra Fadnavis at Vidhan Bhavan (Hindustan Times)

What is the need for a new law?

While speaking in the assembly during a discussion on the bill on Thursday, chief minister Devendra Fadnavis said Maoist activities were now restricted to only two tehsils in Gadchiroli. So what was the need for a new law?

The statement of objects and reasons in the new law provides some answers. Cities in Maharashtra have become dens and safe houses for Maoist networks, it says, adding, “Unlawful activities by frontal organisations need to be controlled by effective means as existing laws are ineffective and inadequate to tackle the menace.”

Officials in the home department said though ‘active militancy’ has been eradicated from the state, ‘passive militancy’ is spreading rapidly in urban areas, and the law seeks to curb such instances.

How does passive militancy spread?

Maoist frontal organisations wage war against the Constitution and Constitutional entities by brainwashing the youth and the urban population, said officials in the home department.

“It is difficult to initiate action against frontal organisations through existing laws like the Unlawful Activities Prevention Act (UAPA) which pertain to active violent activities,” a senior home department official told HT on condition of anonymity.

The state government had learnt a lesson from the case against professor GN Saibaba, who was acquitted by the apex court as his involvement in violent activities, mandatory under the UAPA, was not proved, the official said.

“The PSA will address such situations and entities,” he added.

Has the SPSA been diluted?

Contrary to popular belief, the SPSA in its revised form has not been diluted, said Sandhya Gokhale, president, People’s Union for Civil Liberties (PUCL).

“Though the government has been claiming that the new law is not targeted at individuals, but is against organisations with clear unlawful intention, Umar Khalid is a classic example of how they drag dissidents and put them behind bars,” she said.

Gokhale also said that there was no need for a new law as there adequate laws and case laws are in place to deal with left wing extremism. “We will challenge the law in court,” she said.

Chief minister Fadnavis, however, sought to assuage concerns, saying the fear that protests by students and farmers as well as the opposition’s voice would be crushed were baseless.

What is the experience of states that have PSA?

The state government claims that Andhra Pradesh, Telangana, Chhattisgarh and Odisha have managed to curb LWE activities after they enacted their public security laws.

The four states together have banned 48 frontal organisations under the ambit of the law, out of which six banned organisations are headquartered in Maharashtra, the chief minister said. Andhra Pradesh has banned seven out of 19 identified LWE organisations, while Chhattisgarh has banned all 14 identified organisations and Telangana has banned seven out of 29 such organisations.

Are there checks and balances against misuse of the law?

The law provides for scrutiny by an advisory board – comprising a retired high court judge, a retired district judge and a government pleader – before an organisation is notified as unlawful, the chief minister told the assembly on Thursday.

Decisions taken by the board can be challenged directly in the high court since SPSA is a special Act, he said.

“There is no room for ill-intended action against opponents. The intention behind the law is the soul of the law and there is no room for malafide acts,” Fadnavis told the assembly.