Revised draft PSA Bill finalised, set to be tabled in monsoon session

Maharashtra's revised Special Public Security Bill targets "naxal activities" instead of individuals, but civil society still opposes it, fearing suppression of dissent.

MUMBAI: The joint select committee of the state legislature has finalised the revised draft of the Maharashtra Special Public Security Bill, 2024, after amending key provisions following strong criticism from civil society and watchdog bodies.

Revised draft PSA Bill finalised, set to be tabled in monsoon session

The revised draft restricts “unlawful activities” to “naxal activities”, and to “organisations” involved in such activities, vis-à-vis the earlier provision that held “individuals” responsible for such unlawful activities.

The bill aims at preventing “urban naxals from pushing youth to the naxal movement”, but civil society and social organisations continue to oppose the bill. Maintaining that there is still sufficient potential for the proposed law to be used to silence dissent against the state, they have announced a protest march in Mumbai on the first day of the monsoon session of the legislature on Monday.

After an unprecedented 12,300 suggestions and objections were received after the bill was tabled in the state legislature last year, the joint select committee amended some of its provisions during deliberations in four meetings. The revised bill was passed in its fifth meeting on Thursday, and it is ready to be tabled during the monsoon session.

The “statement of objectives” of the bill now states that the proposed law aims at curbing urban naxal activities, specifically “unlawful activities by radical leftist organisations”, rather than the earlier “unlawful activities”, by any person or organisations.

The revision, the joint select committee claims, will help nab people and organisations involved in the naxal activities; the proposed law would not target “dissident voices against the establishment”.

The committee has also made changes in the advisory board that would approve the action and investigation against entities being prosecuted under the proposed law. While the original draft bill provided for a senior law officer to head the board, it is now made mandatory to have a retired high court judge heading the board. A public prosecutor of the high court would also be a member.

“The advisory board will have to grant permission for prosecution even if the government notifies any organisation or person allegedly involved in unlawful activities. The board has been given legal sanctity by mandating that a high court judge head it,” said an official from the state law and judiciary department.

The panel has also changed the rank of the officer who would investigate cases under the proposed law – from a police sub-inspector to a police officer of the rank of assistant superintendent of police. “Both these changes make the Maharashtra bill different from similar laws in other states like Andhra Pradesh,” the officer said.

Groups representing civil society are, however, continuing to protest the proposed law. “We were not given the opportunity to have our say on the bill. We suspect the bill intends to suppress the voice of people opposing the government. If they say it will act against leftist and hardline organisations, it means it will be used against opposition parties,” said Ulka Mahajan, state convenor of the Bharat Jodo Andolan. She said the organisations would further clarify their stand on the bill on Friday.