Maharashtra: Misuse of Section 353A by Government Employees Prompts Demands for Repeal, Fadnavis Promises Action

Mumbai, 27th July 2023: Section 353A of the Indian Penal Code, which was introduced to protect government employees, is now being wielded as a weapon by these very employees. Common citizens seeking assistance at government offices are finding themselves facing cases for simply asking questions, as government employees misuse the law to obstruct government work.

In response to mounting concerns, MLAs from all parties voiced their demands for the repeal of this law during a session of the Legislative Assembly on Wednesday. Deputy Chief Minister Devendra Fadnavis has pledged to make necessary improvements within the next three months.

The government had previously amended Section 353 of the Indian Penal Code in 2017, aiming to deter attacks on government employees and prevent obstruction of government work. This amendment rendered the crime of assaulting government employees or interfering with their duties non-bailable and punishable by up to five years, as opposed to the previous two years.

However, after the amendment, numerous cases were filed against MLAs for allegedly obstructing government work, with some cases being registered hastily and without proper investigation. Consequently, MLAs from all parties have been pressing for the repeal of the amendment to Section 353 for the past two years. Lawmakers, including Yashomati Thakur from Congress, independent representative Ashish Jaiswal, and Shiv Sena’s Bhaskar Jadhav, assert that government employees are misusing this law to the detriment of the public.

In response to the growing concerns, a meeting of MLAs from all parties was held under the then Home Minister Dilip Valse Patil, where it was agreed to revoke the amendment. However, despite these discussions, the amendment has yet to be repealed, and citizens continue to face the imposition of Section 353A while questioning delays in public service.

Deputy Chief Minister Fadnavis acknowledged that the law is being misused and has assured that corrective measures will be taken within three months. The aim is to protect the rights of government employees while ensuring justice for the public and their representatives who seek accountability in government operations.