AN OPEN LETTER ON CG SPECIAL PUBLIC SECURITY ACT

To
All Members of Legislative Assembly
Chhattisgarh Legislative Assembly
Raipur, Chhattisgarh

Dear MLAs
Jai Chhattisgarh!

Not only in Chhattisgarh, but also everywhere in the world there is a debate regarding the implementation of Chhattisgarh Special Public Security Act (CSPSA), 2005. To my knowledge this debate rises due to imprisonment of Dr. Binayak Sen, a noted human rights activist who, as a doctor, has served marginalized communities in Chhattisgarh for half of his life on their health issues. I have also seen him raising public issues of Chhattigsrh people in many appropriate national and international forums. I am also aware that over 2500 people all across the world have written DR. Raman Singh (who is publicly accepted as a liberal leader) by making their concern appeal to release Dr. Sen immediately and unconditionally.

India is a democratic country and respected worldwide for the value driven lives of its billions of people, and the tolerance and principles of our respected leader MG Gandhi. Non-violence, free-thinking and free speech are core values for all of India. But unfortunately, the Chhattisgarh Special Public Security Act (CSPSA), 2005 limits these values and principles and there are dangerous symptoms of misuse and poor implementation of the above stated act. "It gives the State Government power to notify an organization as `unlawful' without disclosing reasons for it" which is a threat to principles of natural justice.

I understand that Chhattisgarh Special Public Security Act (CSPSA), 2005 has the potential to throttle free speech, legitimate dissent and threaten the existence of civil society organisations in the State. The CSPSA provides for up to seven years' imprisonment for committing an "unlawful activity". And this "unlawful activity" has been defined loosely and imprecisely.

The definition includes committing acts, uttering words, writing or making visual representations that may "create risk or danger for public order, peace and public tranquility" or "impede the administration of law or institutions". This definition of "unlawful activities" threatens the free exercise of fundamental freedom of speech and expression and appears to restrict the right to hold public meetings, organize public protests, and oppose government policies through the media.

It is my understanding under the CSPSA any organization can be declared "unlawful" on the grounds that that it is involved in committing "unlawful activity" or if its objective is to encourage, assist, or induce the same.

The CSPSA gives the State Government the power to notify an organization as "unlawful" without disclosing reasons for the notification. Once an organization is declared "unlawful" under the Act, the State Government can seize its funds and premises, and its members can be imprisoned for up to three years. Under the Act, a person is liable for punishment even if he were a member of the organization, participated in its meetings or received contributions on its behalf before the organization was declared unlawful. So, a blanket application of this provision would lead to undue harassment of persons coerced by insurgent groups to provide sustenance and shelter to them.

I earnestly urge you all to repeal the legislation, which give the wrong signal to the international community, and free living in the state. The glorious history of Chhattisgarh witnessed many changes in the interest of the people, and I am hopeful you will come forward to meet the challenge. You are a hope and aspiration of the people, and you are learned and responsible people's leaders. Thus, again I express my confidence in you all and ask your intervention to protect and promote the Chhattisgarh's liberal culture and vibrant democracy and pluralism in the State by repealing this democracy-killer-act.

Now, the situation is rising alarmingly. You all the learned people leaders, kindly make a move to special assembly session for it and discuss. It is also required to make state debate and this state debate will make the people happy with you as you are involving them in decision making by building a new democratic culture here in Chhattisgrh. I am sure this move will set an example to other states.

I would earnestly ask all esteemed members to express their views on the daily Chhattisgarh and other media. I am hopeful like as always, that the media in Chhattisgarh will come forward to express you for the people by providing a common platform.

Sincerely


Subash Mohapatra
A concerned Citizen

(This letter writer is a human rights activist and associated with the Forum for Fact-finding Documentation and Advocacy)