Left-Wing Extremism

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Context

The Maharashtra government has introduced a new law invoking “Left Wing Extremism” (LWE), raising concerns over criminalising dissent and undermining democratic freedoms.

Conceptual Ambiguity of LWE

Lack of Legal Clarity: There is no legally codified definition of Left Wing Extremism under Indian law, though the MHA lists banned groups under the Unlawful Activities (Prevention) Act (UAPA).
Vagueness and Misuse: Broad and imprecise references to Maoist ideology allow the state to conflate dissent with extremism, enabling arbitrary and politically motivated action.
Potential for Ideological Policing: Without a specific legal framework, the term "LWE" becomes a tool for suppressing ideological opponents rather than protecting public order.

Chilling Effect on Freedom of Expression

Threat to Constitutional Freedoms: The proposed law undermines the right to freedom of speech and expression, protected under Article 19, by arbitrarily criminalising views perceived as extremist.
Discretionary Powers and Arbitrary Action: The law gives sweeping powers to the police and bureaucracy to judge what constitutes ‘extremist’ speech, without procedural safeguards.
Duplication of Existing Laws: New penal provisions overlap with existing laws addressing incitement and violence, adding confusion and enabling selective enforcement.

Broader Democratic Implications

Weaponisation Against Civil Society: Terms like “urban Naxal” are used without legal grounding to discredit activists, journalists, and intellectuals who critique government policy.
Muzzling of Political Opposition: By associating dissent with extremism, ruling parties can delegitimise opposition voices and stifle democratic deliberation in legislatures.
Judicial Oversight Must Strengthen: Courts must scrutinise such laws for overreach and ensure that restrictions on expression are not arbitrary, vague, or disproportionate.

Practice Question:

“In the context of recent legislative developments invoking ‘Left Wing Extremism’, critically examine the implications for freedom of expression, dissent, and democratic accountability in India.” (250 words

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