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Indian Express
11-07-2025
- Politics
- Indian Express
Maharashtra Public Security Bill: Vague and dangerous for civil liberties
'When I use a word,' says Humpty Dumpty in Lewis Carol's Through the Looking Glass, 'it means just what I choose it to mean — neither more nor less.' However, when words are used in a piece of legislation, they cannot mean what the party in power wants them to. After all, vagueness is a legitimate ground for striking down a piece of legislation if it violates equality before the law and equal protection. Consider this: In the new Maharashtra Public Security Bill, an unlawful activity, defined under Section 2(f), targets a wide range of activities. They include, 'acts which constitute a danger or menace to public order, peace and tranquility; or (an act) which interferes or tends to interfere with maintenance of public order; or interferes or tends to interfere with the administration of law or its established institutions and personnel, which is designed to overawe by criminal force or show of criminal force or otherwise to any public servant including the Forces of the State Government or the Central Government in exercise of the lawful powers of such public servant and Forces; or of indulging in or propagating, acts of violence, vandalism or other acts generating fear and apprehension in the public, or indulging in or encouraging, the use of firearms, explosives or other devices or disrupting communications by rail, road, air or water; or of encouraging or preaching disobedience to established law and its institutions; of collecting money or goods to carry out any one or more of the unlawful activities mentioned above'. In another piece of criminal legislation, the same term is defined 'as an act (whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise) which is intended, or supports any claim, to bring about, on any ground whatsoever, the cession of a part of the territory of India or the secession of a part of the territory of India from the Union, or which incites any individual or group of individuals to bring about such cession or secession; or which disclaims, questions, disrupts or is intended to disrupt the sovereignty and territorial integrity of India; or which causes or is intended to cause disaffection against India'. We now have an interesting conundrum. The term, 'unlawful activity', for the purposes of criminal law, therefore, has two different meanings under two different statutes. But the definition of an unlawful activity is so vague and broad that any person who chooses to oppose, for whatsoever reason or motivation, any act of the government can be jailed. Under the law, for example, Mahatma Gandhi could be jailed for carrying out the Salt Satyagraha. So can the participants of the Swadeshi Movement. B R Ambedkar could be jailed for burning the Manusmriti. Under the same law, peaceful protests could be criminalised, and protestors jailed for years without trial. The definition of an unlawful act has several vague terms designed for misuse and to strike at the core of liberty of the citizen to oppose and protest state action. For example, instead of the word 'abetting', which is commonly used in criminal law, the new law uses the word encouraging. What amounts to abetting a crime is well-known and settled jurisprudence. However, the word 'encouraging' is alien to criminal law and thus susceptible to widespread misuse. In the Assembly, the Chief Minister assured the state that he will not allow for misuse of the law while he himself has, in the past, claimed that Urban Naxals joined the Bharat Jodo Yatra. In the Chief Minister's view, therefore, jailing the members of the Bharat Jodo Yatra would not amount to a misuse of the law, and thus, make all of them liable criminally under this new law. For far too long, the ghost of another term, 'Urban Naxal' has continued to haunt activists like Stan Swamy and Rona Wilson, academics like Shoma Sen, lawyers like Surendra Gadling. Indeed, the blatant misuse of the UAPA against civilians began in Maharashtra in 2018 by imprisoning 16 academics, out of whom eight are out on bail, and Stan Swamy in jail. Some like Mahesh Raut continue to languish in jail. What this Bill provides us with is a Faustian bargain of security at the cost of liberty. Ultimately, as we well know with UAPA, we will be left with neither. As citizens, we must be resolute that a free people can never be truly secure without the unwavering protection of their fundamental rights. The writer is a lawyer practicing in Delhi who has appeared for some of the accused in the Bhima Koregaon case
News18
01-07-2025
- Politics
- News18
Even Congress's Pranab Mukherjee Had Praised Us: RSS On Karnataka Minister Priyank Kharge's Ban Call
Last Updated: A senior RSS functionary said: 'It is Priyank Kharge's personal comment, and we didn't see any other Congressman supporting him." Dismissing Karnataka Minister Priyank Kharge's comment on banning the Rashtriya Swayamsevak Sangh as his 'personal statement", the RSS said even senior Congress veterans like former President Pranab Mukherjee had praised the organisation. 'We have seen Pranab Mukherjee praising the RSS and even visiting the headquarters," a senior RSS functionary told News18 on condition of anonymity. 'It is his personal comment, and we didn't see any other Congressman supporting him. The Congress has banned the RSS thrice before, but as a socio-cultural organisation that has been carrying out over two lakh social service activities across the country, our work has been widely appreciated—even by prominent figures like Ratan Tata and Azim Premji, whose foundation is associated with some of these activities," he added. Kharge, the IT Minister in the Siddaramaiah government, said that the Congress would ban the RSS if it returned to power at the Centre. He alleged that the RSS spreads hatred in society and does not operate within the bounds of the law. The RSS functionary countered this by invoking history. 'Even Sardar Patel praised the RSS when he lifted the ban on it," he said, referring to Kharge's claim that both Patel and Indira Gandhi had previously banned the RSS. Kharge also alleged that the organisation did not participate in the Dandi March (Salt Satyagraha), Quit India Movement, or any other mass movements during India's independence struggle. He further claimed that the RSS distributed sweets after Mahatma Gandhi's assassination, opposed the tricolour flag on the eve of independence, and campaigned for the Manusmriti to be implemented instead of the Constitution. When asked how such a ban would be implemented, Kharge had said, 'It is the job of the legislature to legislate. We will bring in the necessary legislation within the ambit of the Constitution." All these statements were also dismissed by the RSS, saying they should not be taken seriously. 'We know what the Congress can and cannot do. But this is clearly a personal statement by Kharge—no one else in the party has echoed it. It is not the official position of the Congress. In fact, we have had strong relationships with several Congress leaders, including Mahatma Gandhi and Pranab Mukherjee, who visited and appreciated the RSS," said the leader. Kharge maintained that the RSS ban should never have been lifted. He reiterated that the organisation remains opposed to both the Constitution and the national flag and accused the Bharatiya Janata Party (BJP) of acting as its political puppet.
India Today
01-07-2025
- Politics
- India Today
Karnataka Minister says Congress will ban RSS if party comes to power at Centre
Karnataka Minister Priyank Kharge on Tuesday said that if the Congress returns to power at the Centre, it would impose a ban on the Rashtriya Swayamsevak Sangh (RSS). 'If Congress comes to power in the Centre again, we will ban RSS,' Kharge said. He argued that the RSS spreads hatred in society and does not operate within the bounds of the law. advertisementKharge referred to historical precedents to defend his stance, stating, 'Didn't Sardar Patel ban the RSS? They fell at his feet and assured they would follow the law of the land. Didn't Indira Gandhi ban the RSS? They did the same again. Even now, they are only pretending to follow the law. What is the source of their Rs 250 crore funding? These things must be investigated.' 'The job of the legislature is to legislate. We will bring in necessary legislation, but I cannot act beyond the ambit of the Constitution,' he June 27, in a post on X, Kharge listed what he described as a historical record of the RSS's actions, Kharge said the organisation did not participate in the Salt Satyagraha, the Quit India Movement, or any other mass movements for India's independence. He alleged that the RSS had opposed the tricolour flag on the eve of independence, distributed sweets after Mahatma Gandhi's assassination, and campaigned for the Manusmriti to be implemented instead of the concluded by stating that the RSS remains opposed to both the Constitution and the national flag, and claimed that the BJP acts as its puppet. 'The RSS is acutely aware that the Constitution stands between them and their ideological aspirations. However, it is crucial to remember that the Constitution's preservation will be fiercely defended by Indians who are united in their commitment to democracy, diversity and equality,' he said.'We should not have lifted the ban on RSS,' Kharge added.- Ends IN THIS STORY#Karnataka
Time of India
30-04-2025
- Politics
- Time of India
Only Congress can save country from communal politics: TNCC chief
Trichy: Promising to make the Congress party the 'foremost' in the country again, Tamil Nadu Congress Committee president K Selvaperunthagai said only Congress could save the country from the fascist and communal regime. Taking part in the celebration of the 95th anniversary of Vedaranyam Salt Satyagraha in Vedaranyam on Wednesday, Selvaperunthagai joined Gandhians and party functionaries on the reenactment of the march. The reenactment concluded with the breaking of the British salt law before the Salt Satyagraha memorial pillar at Agasthiyampalli. Addressing the gathering, Selvaperunthagai said, "We (INC) have fought for the nation's independence. However, those who betrayed the independence movement are mocking us today." Calling Congress is in a 'helpless' state now, Selvaperunthagai said the party needs to gain strength to protect the nation. "BJP is dividing people on the basis of religion for vote and electoral politics and decides who can exist and who cannot. Congress, however, is working to ensure that the country belongs to all people," he said. "Authorities now demolish the houses of minorities, drives them out of home and asks them to go to Pakistan. Muslims were interwoven in the Independence Movement. India did not get freedom without their contribution," he said. After targeting the assets of Muslims and Christians, BJP is targeting the properties of Congress members, he added. Mayiladuthurai MP R Sudha, MLA Ruby R Manoharan, former MPs K V Thangkabalu and P V Rajendran joined Selvaperunthagai during the event.
