Mumbai: Civil rights activist groups on Tuesday moved Bombay high court challenging the constitutional validity of the Maharashtra Special Public Safety Act (MSPSA) enacted last year to control “the menace of naxalism”.The petition by the People’s Union for Civil Liberties and the Forum Against Oppression of Women claimed that the law is unconstitutional as it lacks essential procedural safeguards that are a pre-requisite under constitutional jurisprudence for any statute which infringes upon freedoms of speech, expression, assembly, and association guaranteed under the Constitution in India. It is also against Articles 14 (equality) and 21 (right to life) and violates the principles of liberty and equality, which are an integral part of the preamble and basic structure of the Constitution. It also encroaches on a field reserved for Parliament and “effectively seeks to shield executive action from scrutiny’’, the petition added.The petition sought either striking down MSPSA in its entirety or substantial portions or in the alternative, reading down the Act.Definition of ‘unlawful activity’ and ‘unlawful organisation’ under the Act is “overbroad and vague’’ and can be invoked even against trade unions, protesters, political dissenters, human rights activists and even the opposition, the petition said.MSPSA was formulated to “provide for effective prevention of certain unlawful activities of left-wing extremist organisations or similar organisations…’’ on the premise that public order is being jeopardised by such activities which interfere with administration of law. The terms ‘naxalism’ or ‘left wing extremist’ are not defined or used elsewhere other than the statement of objects and preamble, pointed out the petition, citing a “dichotomy” between reasons and provisions.The petition, which will be heard in due course, further stated that “illegal activities” can be done by any organisation, not just those with left-wing ideology as “extremism is not confined’’ to any one ideology. Hence, “categorisation of left-wing extremist organisation doesn’t satisfy the test of intelligible differentia,” said the groups, adding that there exist criminal laws to address naxalism.Significantly, stated the petition, the Act lacks legal standard and gives “sweeping powers’’ to govt to declare any organisation “unlawful’’ for more than a year, based on mere opinion, drawing the risk of “politically motivated actions” amidst lack of procedural safeguards to ensure restrictions on fundamental rights are “proportionate and time-bound.’’The petition picked more holes in the Act, challenging the validity of other provisions, including lack of effective mechanisms to challenge govt action to seize properties.About Maharashtra Special Public Safety Act* Introduced as a Bill in July 2024, it had attracted widespread public outrage and led to the state setting up a joint committee of the legislature to receive objections and suggestions. The People’s Union for Civil Liberties said it had submitted objections on March 31, 2025, on constitutional infirmities and misuse risks* On July 10, 2025, the Maharashtra Legislative Assembly passed the Act and a day later, so did the Maharashtra Legislative Council* On December 10, 2025, the President gave its assent to the special law and it was notified on December 15The Act provides that…* Unlawful activity means any action, speech, writing, or sign that endangers public peace, threatens the administration of law, or preaches disobedience to established institutions* Being a member of an unlawful organisation attracts up to 2 years’ imprisonment and Rs 2 lakh fine* Raising funds for or harbouring members of an unlawful organisation attracts maximum 3 years in jail* Managing or assisting in the operations of a banned organisation attracts 3 years in jail
