Over Ruled

The MSPSA gives the state-corporate nexus the legal means to suppress participatory democracy under the guise of public security

- Anand Teltumbde IS AN INDIAN SCHOLAR, WRITER AND HUMAN RIGHTS ACTIVIST

July 10, 2025, the Maharashtra Vidhan Sabha passed a revised version of the Maharashtra Special Public Security Act (MSPSA), exactly one year after the original draft was introduced on July 11, 2024, by the Shiv Sena-BJP coalition under Chief Minister Eknath Shinde.

Initially framed as a response to the perceived threat of “urban Naxalism”, the Bill claimed to address the alleged infiltration of Maoist ideology into urban areas through affiliated organisations offering logistical support and shelter to underground cadres. Citing intelligence reports and seized materials allegedly linked to Maoist operatives, the government argued for a dedicated legal instrument, referencing similar laws in the states of Chhattisgarh, Telangana and Odisha, and asserting that Maharashtra lacked an equivalent framework.

However, from the outset, the political discourse surrounding the Bill has hinged on the ambiguous and contested construct of the “Urban Naxal”—a loosely defined and politically loaded term often used to delegitimise protest, dissent and civil society activity. Although the initial version of the Bill failed to pass in 2024, it was reintroduced in December that year after Devendra Fadnavis assumed chief ministership. A Joint Select Committee, chaired by Revenue Minister Chandrashekhar Bawankule, was formed to examine the draft. The committee received over 12,500 submissions—many from democratic rights organisations offering detailed critiques. These responses questioned the Bill’s necessity and highlighted substantial overlaps with existing laws such as the Unlawful Activities (Prevention) Act, 1967 (UAPA), Section 113 of the Bharatiya Nyaya Sanhita (BNS), and the Maharashtra Control of Organised Crime Act, 1999 (MCOCA).