Chhattisgarh Special Public Security Act
Encyclopedia
Chhattisgarh Special Public Security Act, 2005 (CSPSA),(also called as Chhattisgarh Vishesh Jan Suraksha Adhiniyam, 2005)is a law in the state of Chhattisgarh
passed by the Chhattisgarh assembly in December 2005. The Bill received the assent of the President of India
and was brought into effect by notification issued on 12 April, 2006.
The CSPSA provides provisions authorises the police to detain a person for committing acts, which among other things, show a “tendency to pose an obstacle to the administration of law”. The act also states any person whose actions “encourage(s) the disobedience of the established law” will be considered “unlawful”.
Commonwealth Human Rights Initiative
, in a statement, said that the present definition of “unlawful activities” imperils free exercise of fundamental freedoms set out under Article 19 of the Constitution and illustratively it appears to restrict the right to hold public meetings; organise public protests; and oppose government policies through the media.
, General Secretary, Chhattisgarh People's Union for Civil Liberties
(PUCL), and Vice-President, National PUCL
was detained under this Act on 14 May, 2007 allegedly for his linkages with the Communist Party of India (Maoist)
.
PUDR statement says this legislation is meant to suppress all political dissent in the state This is evident from the fact that Maoist groups were already banned under 2004 amendments to the Unlawful Activities (Prevention) Act, 1967.
The Commonwealth Human Rights Initiative(CHRI) has expressed its reservations about the Act, and said it may become a potential instrument to throttle the right to free speech, legitimate dissent, and trample the fundamental rights enshrined in Articles 14, 19 and 21 of the Constitution.
(IFJ) appealed to the President of India, not to give his assent to “this undemocratic legislation, and initiate public debate on the complex causes of conflict, rather than treat it as a law and order problem.”
IFJ President Christopher Warren, in a statement, said, “Freedom of the press is a pre-requisite for the peaceful resolution of conflict, and restricting the media from carrying out its professional activities can only lead to more suspicion and misinformation. Under no circumstances has gagging the media and silencing journalists furthered the objective of tackling armed conflict. It is only when democratic debate and the free flow of accurate information is made possible is the cause of democracy furthered.”
Chhattisgarh
Chhattisgarh is a state in Central India, formed when the 16 Chhattisgarhi-speaking South-Eastern districts of Madhya Pradesh gained separate statehood on 1 November 2000....
passed by the Chhattisgarh assembly in December 2005. The Bill received the assent of the President of India
President of India
The President of India is the head of state and first citizen of India, as well as the Supreme Commander of the Indian Armed Forces. President of India is also the formal head of all the three branches of Indian Democracy - Legislature, Executive and Judiciary...
and was brought into effect by notification issued on 12 April, 2006.
The Law
PUDR (People's Union For Democratic Rights) pointed out that although this Act was ostensibly meant to combat growing Maoist violence, all the Maoist groups operating in Chhattisgarh were already banned and declared unlawful organisations after the 2004 amendment to the Unlawful Activities - Act, 1967The CSPSA provides provisions authorises the police to detain a person for committing acts, which among other things, show a “tendency to pose an obstacle to the administration of law”. The act also states any person whose actions “encourage(s) the disobedience of the established law” will be considered “unlawful”.
Commonwealth Human Rights Initiative
Commonwealth Human Rights Initiative
The Commonwealth Human Rights Initiative is an international non-governmental organisation formed to support Human Rights and particularly to support the implementation of the Harare Declaration in the countries of the Commonwealth of Nations...
, in a statement, said that the present definition of “unlawful activities” imperils free exercise of fundamental freedoms set out under Article 19 of the Constitution and illustratively it appears to restrict the right to hold public meetings; organise public protests; and oppose government policies through the media.
Arrests
Six organisations were banned under this act. Dr. Binayak SenBinayak Sen
Binayak Sen is an Indian pediatrician, public health specialist and activist. He is the national Vice-President of the People's Union for Civil Liberties .He has been accused of sedition by the Chhattisgarh Government...
, General Secretary, Chhattisgarh People's Union for Civil Liberties
People's Union for Civil Liberties
People's Union for Civil Liberties is a human rights body formed in India in 1976 by socialist leader Jayaprakash Narayan, as the People's Union for Civil Liberties and Democratic Rights .-The indian emergency:...
(PUCL), and Vice-President, National PUCL
People's Union for Civil Liberties
People's Union for Civil Liberties is a human rights body formed in India in 1976 by socialist leader Jayaprakash Narayan, as the People's Union for Civil Liberties and Democratic Rights .-The indian emergency:...
was detained under this Act on 14 May, 2007 allegedly for his linkages with the Communist Party of India (Maoist)
Communist Party of India (Maoist)
The Communist Party of India is a Maoist political party in India which aims to overthrow the government of India through violent means. It was founded on 21 September 2004, through the merger of the People's War, and the Maoist Communist Centre . The merger was announced to the public on October...
.
Criticism
Human rights activists says this legislation will lead to increased repression of human rights.PUDR statement says this legislation is meant to suppress all political dissent in the state This is evident from the fact that Maoist groups were already banned under 2004 amendments to the Unlawful Activities (Prevention) Act, 1967.
The Commonwealth Human Rights Initiative(CHRI) has expressed its reservations about the Act, and said it may become a potential instrument to throttle the right to free speech, legitimate dissent, and trample the fundamental rights enshrined in Articles 14, 19 and 21 of the Constitution.
Concerns on Press Freedom
The act bars the media from carrying reports of any kind of ‘unlawful activities’ in the state. International Federation of JournalistsInternational Federation of Journalists
International Federation of Journalists, IFJ, is a global union federation of journalists' trade unions—the largest in the world. The organization aims to protect and strengthen the rights and freedoms of journalists...
(IFJ) appealed to the President of India, not to give his assent to “this undemocratic legislation, and initiate public debate on the complex causes of conflict, rather than treat it as a law and order problem.”
IFJ President Christopher Warren, in a statement, said, “Freedom of the press is a pre-requisite for the peaceful resolution of conflict, and restricting the media from carrying out its professional activities can only lead to more suspicion and misinformation. Under no circumstances has gagging the media and silencing journalists furthered the objective of tackling armed conflict. It is only when democratic debate and the free flow of accurate information is made possible is the cause of democracy furthered.”