Amid the growing clamour from elected representatives to repeal the Indian Penal Code Section 353A (assault or criminal force to deter public servant from discharge of his duty), Maharashtra Deputy Chief Minister Devendra Fadnavis recently acknowledged the concerns of MLAs that the section was misused at times while promising to address the grievance in a three-month timeframe. Speaking in the assembly, he assured that necessary reforms would be implemented to ensure justice to both, government employees as well as elected representatives.
The bone of contention is that the public servants are filing cases under this section against MLAs or even at times against citizens even if they raise 'authoritative' voices for a just cause. In 2017, the provision was amended, making a offence filed under it non-bailable and extending maximum punishment up to five years from two.
MLAs allege of being charged with Section 353A in haste
From the time of amendment, allegations are flying thick and fast that several MLAs were charged with Section 353A hastily without a proper investigation. Several MLAs, including Yashomati Thakur from Congress, Independent Ashish Jaiswal and Bhaskar Jadhav from Uddhav Sena, unequivocally demanded repeal of the provision, averring its “misuse”.
Independent MLA Ravi Rana said, “Section 353A is being misused as a political tool. If false cases are filed against elected representatives, how will they work? Even if a people's representative raises voice against any issue or protests then also this section is applied. It should be repealed.”
Similarly, Jadhav said, “If elected representatives or even citizens go to a government office, inquire about work and hit the table with their hand or raise their voices, they are charged under this section. It's done when a government employee wants to indulge in corruption or does not want to do a specific work. The provision was amended to provide security to government employees but some of them are using it as a weapon.”
'Politicians scared of administration'
Prahar Janashakti Party MLA Bachchu Kadu said, “The government will not cancel the section because it is the administration's slave. Hence, politicians are scared of the administration. As per the rule, if an official doesn't clear a file for more than eight days, indisciplinary action should be taken against the person. How many such officials have faced action? Though Fadnavis assured to amend the section in three months, it is not possible at all.”
Rejecting the demand of legislators, Ganpat Kulthe, State Employees Association Chief Advisor, said, “We fought for ten years for (amendment) to this section. If it gets repealed then the safety cover of employees will be blown and elected representatives with a criminal mind would trouble them. So, the government should not cancel section 353A. In the same regard, we met Chief Minister Eknath Shinde and he assured us that our opinion will be definitely considered.”
Official statistics on how many MLAs have been charged under the contentious section weren't available.
