Freedom Under Siege

We celebrated Independence Day this month, the culmination of our freedom struggle. Independence and freedom from what? From alien rule and from oppressive laws —no matter who imposes them on us? The governor of Maharashtra, CP Radhakrishnan, is currently examining a legislation passed by the state called the ‘Maharashtra Special Public Security Bill’.

- Aakar Patel

I have written to the governor, on behalf of Amnesty International India, and asked him to not sign it and instead to deny his assent.

Framed as a countermeasure against those who have come to be called “urban naxals,” the Bill threatens constitutionally and internationally protected human rights. Naxalism is seen as a decades-old rural and communist-inspired movement. “Urban naxalism” in the present discussion presumably refers to alleged support for this movement by intellectuals, academics and others. The term “urban naxalism” has no legal definition in Indian law. With its vague language, discriminatory focus, absence of judicial oversight, and high potential for misuse, the Bill risks criminalizing legitimate dissent in one of our largest states.

The Bill introduces vague, overboard, and ideologically biased provisions that pose an immediate threat to international and constitutionally protected rights and will criminalize dissent in the state.

As may be expected, Chief Minister Devendra Fadnavis has asserted that the law will not be used to suppress government critics. However, if the term “urban naxalism” has no legal definition in India, then what is it? It is a rhetorical and politically charged phrase - popularized in media and political discourse, not jurisprudence. Its very vagueness allows it to be weaponized against civil society, often conflating peaceful dissent with sedition or terrorism.