Legislature
receives over 10K objections to proposed special public security Act
Extract
from the article:
The Maharashtra Special Public Security Bill has stirred considerable
controversy, receiving over 10,000 objections and suggestions by the April 1
deadline. This sheer volume of public feedback highlights the deep apprehension
among citizens and civil liberties groups. Their concerns primarily focus on
the bill’s sweeping powers, which many fear could be exploited by the state to
suppress dissent and curtail the voices of human rights activists. Loosely
worded phrases within the bill open the door to a broad swath of governmental
control, potentially at the cost of fundamental democratic freedoms.
Civil rights organizations have proactively written to the
state legislature, urging caution and reconsideration. They emphasize the
danger of vague legal language that could lead to arbitrary arrests and
prolonged detentions without sufficient oversight. This pushback reflects a
wider global debate on balancing public security with personal freedoms, but
critics warn that Maharashtra's proposed legislation may tilt too heavily
towards authoritarian practices, undermining the very fabric of democratic dissent.
My
Take:
A. Thank
You, Smt Meenakshiji
Years ago, I commented on legislation embedding ambiguous terms such as
“security of the state” and “public order” — terms notoriously nebulous in
democratic frameworks. "The use of phrases such as security of the state
and public order in the provisions indicates ambiguity in terms of its
applications," I noted, reflecting on how this vagueness could be
exploited. Looking back, Maharashtra’s bill today echoes those very concerns I
foresaw. This predictive insight highlights how legislative drafts lacking
precise boundaries empower unchecked surveillance and control, often under the
guise of protecting the public good. It’s a pattern familiar to democracies
worldwide, where laws designed for protection become instruments of oppression.
Moreover, the process surrounding this bill seems to bypass
essential discussions about non-personal data and citizen transparency, issues
I emphasized in my earlier writings. The critical lesson is the importance of
clear statutory language coupled with robust civil society engagement to
forestall misuse. The 10,000 objections reflect vibrant democratic resistance,
something that should ideally be a routine checkpoint before any law affecting
public freedoms is enacted. This situation underscores how governments must
tread carefully to preserve the delicate balance between security and liberty.
B. Surveillance
Procedure v 2.0 and Dear
Shri Amitbhai Shah, Here Is
In these letters addressed to the Home Minister, I proposed a framework
grounded in transparency to address surveillance concerns head-on. I urged that
exposing the procedures and making them transparent would disarm unfounded
fears and reestablish citizens’ trust: "I urge you to consider my proposal
which, through its TRANSPARENCY, will disarm the petitioners. It will reaffirm
1.4 Billion citizens VISHWASH in the Government." This approach is even
more critical now, as seen in Maharashtra’s bill, where opacity and sweeping
powers foment mistrust and opposition.
The fierce objections to this bill serve as a vivid reminder
of what happens when state powers are seen as cloaked in secrecy or wielded
without accountability. Transparency is not just a bureaucratic nicety — it’s
the cornerstone of democratic governance. Without it, even well-intentioned
security measures risk eroding public faith and fueling societal polarization.
My earlier proposals remain relevant: openness about governmental actions
related to security can prevent the kind of backlash and civil uproar now
encountered.
Call to
Action:
To the honorable legislators and policymakers of
Maharashtra, I urge you to pause and seriously reflect on the unprecedented
volume of objections to the Special Public Security Bill. Rather than hastening
its passage, lean into the democratic process—engage civil society, incorporate
their concerns, and refine the bill’s language to remove ambiguity. Ensure that
any powers granted are coupled with stringent checks, transparent processes,
and unequivocal respect for fundamental rights.
Security in a democracy must not come at the cost of citizen
freedoms. Instead, build a framework where public safety and civil liberties
co-exist harmoniously. To the citizens and civil rights groups: continue to
voice your concerns. Your vigilance is vital in safeguarding democratic space.
Together, through informed dialogue and transparency, we can cultivate a
Maharashtra that is secure, just, and free.
With regards,
Hemen Parekh
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