Maharashtra: Free speech has remained on the line of fire of the current regime, democracy on trial as state goes for election

As Maharashtra approaches a pivotal election, the state’s political landscape is marked not only by economic challenges but also by an increasingly hostile environment for free speech and democratic expression. A report of the Free Speech Collective, Collective, an organisation dedicated to monitoring freedom of expression across India, has highlighted that, in the past year alone, Maharashtra has seen a series of disturbing incidents that have raised serious concerns about the erosion of civil liberties. From the violent targeting of journalists and activists to sweeping legislative proposals designed to silence dissent, the climate in India’s wealthiest state reflects a shift toward repression that has alarmed citizens and civil rights organisations alike. Each of these incidents tells a story of voices silenced, dissent stifled, and public accountability threatened, painting a picture of democracy under siege.

The ruling coalition—the Maha Yuti alliance comprising the Shinde Shiv Sena, Bharatiya Janata Party, and Ajit Pawar’s National Congress Party—has come under scrutiny for its ties to many of these incidents, with local leaders and affiliates implicated in attacks, intimidation, and censorship. These actions point to a growing intolerance for criticism and opposition, particularly against those who dare to report or speak out on politically sensitive issues. Maharashtra, long celebrated for its robust economic stature and industrial might, now faces an identity crisis as it grapples with the question: can it retain its democratic spirit under a regime increasingly willing to punish dissent?

Journalists have borne the brunt of this hostility, facing threats, physical assaults, and even murder. In 2023, the shocking death of Shashikant Warishe, a journalist in Ratnagiri, who was run over after publishing a critical report linking a BJP-affiliated land broker to political elites, underscores the risks that Maharashtra’s press faces today. Meanwhile, activists protesting environmental degradation and displacement, as well as students voicing concerns over academic freedom, have encountered police harassment, legal intimidation, and restrictions that send a clear message: criticism of the state’s policies will not be tolerated.

As the election nears, Maharashtra’s citizens are at the crossroads. For a state that prides itself on its industrial strength and democratic values, these growing restrictions pose an existential challenge. The upcoming polls are not only about choosing the next set of leaders but about deciding the kind of society Maharashtra aspires to be—one that respects democratic freedoms and protects the rights of its citizens or one that endorses a politics of fear and control. The choice before voters has seldom been clearer or more consequential, as the future of free speech, accountability, and the right to dissent hangs in the balance.

1. Mounting threats to journalists and press freedom

The Free Speech Collective provided the following list of incidents that took place between Jan 2023- November 2024 under this category:

“Killing

1. 06.02.2023: Shashikant Warishe, mowed down by Pandarinath Amberkar (land broker close to BJP) , Rajapur, Ratnagiri district

Attacks

1. 09.08.2023: Journalist Sandip Mahajan attacked by supporters of the local MLA Kishor Appa Patil (Shiv Sena Shinde )
2. 09.02.2024: Senior journalist Nikhil Wagle,lawyer Asim Sarode, activists Vishwambhar Choudhar and Shreya Awale and driver Vaibhav Kothule attacked by BJP and Shiv Sena (Shinde) workers
3. 21.10.2024: Political leader Yogendra Yadav attacked by Vanchit Bahujana Aghadi workers and prevented from speaking, Akola, Maharastra

Threats

1. 27.04.2024: Journalist Sukhda Sadanand Purav threatened by supporters of Union Minister and BJP’s Mumbai North Lok Sabha candidate Piyush Goyal
2. 14.05.2024: Journalist threatened by BJP state spokesperson Shrish Boralkar, BJP Scheduled Caste cell state general secretary Jalinder Shendge and the BJP state executive member Anil Makariye
3. 20.08.2024: Journalist Mohini Jadhav covering the Badlapur rape case, threatened by Waman Mhatre, former Mayor of Badlapur (Shiv Sena Shinde)”

In Maharashtra, the chilling effect on press freedom is undeniable, with recent incidents revealing the grave risks journalists face in reporting the truth. One of the most harrowing incidents was the murder of journalist Shashikant Warishe on February 6, 2023, in Ratnagiri. Warishe was deliberately run down by Pandarinath Ambekar, a land broker known for his close connections with the ruling BJP. Warishe’s last article had shed light on Ambekar’s alleged involvement in controversial land deals tied to high-ranking politicians, including the Chief Minister. Hours after the article was published, Ambekar had allegedly attacked Warishe in a brazen display of intimidation meant to silence dissent. This brutal killing laid bare the high cost of reporting on politically sensitive issues in Maharashtra, where exposing inconvenient truths can cost a journalist their life.

The climate of impunity extends further, as seen in the assault on Pachora journalist Sandip Mahajan in Jalgaon district on August 9, 2023. Mahajan was attacked in broad daylight by supporters of local Shinde Shiv Sena MLA Kishor Appa Patil. Despite serious injuries, Mahajan encountered bureaucratic resistance when he tried to file a First Information Report (FIR). His struggle highlighted the systemic bias that protects those with political connections and discourages journalists from challenging power.

Threats against journalists have become a common tool to control narratives. In April 2024, Sukhda Sadanand Purav, a journalist who covered Union Minister Piyush Goyal, received menacing messages from BJP affiliates, pressuring her to retract critical articles. In May 2024, three BJP officials, including state spokesperson Shrish Boralkar, allegedly threatened another journalist for unfavourable coverage. A similar incident in August saw former Badlapur mayor Waman Mhatre intimidate journalist Mohini Jadhav for her reports on a local rape case. Such acts send a chilling signal that political commentary comes with personal risk, eroding the very foundation of an independent press.

2. Rising intimidation and censorship in academia

The Free Speech Collective provided the following list of incidents that took place between Jan 2023- November 2024 under this category:

“Censorship in academia

1. 08.06.2023: Professor forced to go on leave after students owing allegiance to hindutva groups protest her comments on rapists having no religion, Kolhapur Institute of Technology, Gokul Shirgaon, Kolhapur
2. Jan 28, 2023: Advisory issued to Students At Mumbai’s TISS against screening of BBC Series On PM Modi, screening held despite warning
3. 18.04. 2024: TISS suspends Dalit PhD student for 2 years for ‘anti-national activities’
4. 19.08.2024: TISS Ban on student body Progressive Students’ Forum, revoked after student protests
5. 20.09.2024: TISS convocation: students protest suspension of Dalit pupil, sacking of teachers, student Arghya Das forcibly removed and degree certificate withheld
6. Oct 20, 2024: TISS issues showcause notice to assistant prof over viral protest video” 

Academic institutions, often pillars of intellectual freedom, have also been deeply affected by the [partisan and oppressive environment prevailing in the country. In particular, the Tata Institute of Social Sciences (TISS) in Mumbai has faced growing pressure to limit political discourse and protest, acting on which they have targeted Adivasi and Dalits scholars. On April 18, 2024, TISS took the drastic step of suspending a Dalit Ph.D. student, namely  Ramadas Prini Sivanandan, for alleged “anti-national activities,” citing his participation in student protests against government policies. The decision stirred widespread outrage on campus, with students calling it an abuse of administrative power to stifle dissent. The tension came to a head at TISS’s convocation in September, when students staged a protest demanding justice for the suspended student and for faculty members dismissed under similar circumstances. When Arghya Das, a graduating student, raised a placard during the ceremony, security forces forcibly removed him, withheld his degree, and detained him. These actions show how academic institutions in Maharashtra are increasingly becoming battlegrounds for free expression and political dissent.

Outside of TISS, other academic figures face similar repression. In June 2023, a professor at the Kolhapur Institute of Technology was placed on “forced leave” after responding to derogatory comments made by students affiliated with Hindutva groups. When she stated that “rapists have no religion,” her remarks went viral in a heavily edited form, fuelling a backlash from right-wing organisations that pressured the institution to remove her. This case underscores how ideological factions are working to shape the narrative within classrooms, using intimidation to limit critical discourse on topics of social justice.

3. The crackdown on activism and environmental protests

The Free Speech Collective provided the following list of incidents that took place between Jan 2023- November 2024 under this category:

“Censorship of peoples’ protests, activists

1. January-March 2023: Detentions and externment orders of villagers and activists protesting Saudi-Aramco refinery in Barsu-Solgaon region, Ratnagiri
2. November 2023-March 2024 : Externment notice and proceedings against Aarey activist Tabrez Sayed, Mumbai
3. Oct 6, 2024: Rally Held in Mumbai Against Israel’s Aggression, Notices Issued to Organisers

Lawfare

1. 11.07.2024: Maharashtra Special Public Security Bill, 2024, tabled in the Monsoon session of the Vidhan Sabha, draconian provisions against dissent and public protests; bill lapsed”

Beyond academia, Maharashtra’s crackdown on dissent extends to environmental and social activists. In Ratnagiri, protests against a Saudi-Aramco refinery in Barsu-Solgaon saw a wave of detentions and legal intimidation beginning in January 2023. Villagers and activists opposed the refinery due to fears of environmental degradation, displacement, and health hazards. In response, the government imposed externment orders, effectively banning key activists from their own villages, while deploying police forces to suppress protests. The government’s tactics not only disrupted peaceful demonstrations but sought to stifle dissent by removing activists from their communities.

The repressive approach continued with the case of Tabrez Sayed, a central figure in Mumbai’s Save Aarey movement, who was served multiple legal notices for his role in protests against the destruction of the Aarey forest. The planned metro construction in Aarey would decimate significant green space and displace indigenous communities, yet activists like Sayed faced mounting legal threats and harassment for voicing environmental concerns.

In July 2024, the Maharashtra government took a decisive step to institutionalise this repression by introducing the Maharashtra Special Public Security Bill. Introduced by Home Minister Devendra Fadnavis, the bill ostensibly aimed to counter “urban naxals” but granted sweeping powers to the state to curb any form of organised protest. If passed, the bill would allow authorities to detain activists, seize assets, and dismantle movements deemed to threaten public order. Though it was not enacted, there is widespread concern that if the Mahayuti coalition retains power, the bill will resurface, providing legal cover for the clampdown on activism and free expression across the state.

4. Judiciary’s response: A mixed outcome

The Free Speech Collective provided the following list of incidents that took place between Jan 2023- November 2024 under this category:

“Court cases

1. 22.08.2024: The bench of Justice Revati Mohite Dere and Justice Shyam C. Chandak of the Bombay High Court terms the arrest of journalist Abhijit Arjun Padale I January 2022 as illegal, awards compensation
2. 20.09.2024: Justice A.S. Chandurkar of the Bombay High Court delivered a “tie breaker” judgment in the case of Kunal Kamra and Ors. v. Union of India wherein he struck down the amendment to Rule 3 (1)(b)(v) (“Impugned Rule”) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 (“IT Rules 2023”), seeking to set up a Fact Check Unit (“FCU”) to fact check content on social media, as unconstitutional.
3. 07.03.2024: Supreme Court quashes criminal charges against Javed Ahmed Hajam, professor at Sanjay Ghodawat College in Kolhapur district who hails from Baramulla, Jammu and Kashmir, for his WhatsApp status describing abrogation of Article 370 as a ‘Black Day’”

Amid these escalating threats to freedom of expression, the judiciary has occasionally acted as a safeguard. In a landmark case on September 20, 2024, the Bombay High Court declared unconstitutional an amendment within the Information Technology Rules that sought to establish a government-controlled Fact Check Unit to monitor social media. This decision, protecting online freedom of speech, was widely seen as a victory against excessive government surveillance.

Another judicial victory came in March 2024 when the Supreme Court quashed criminal charges against Javed Ahmed Hajam, a professor originally from Jammu and Kashmir working in Kolhapur, who had been charged for his WhatsApp status labelling the abrogation of Article 370 as a “Black Day.” These legal rulings underscore the judiciary’s crucial role in defending free speech, even as repressive measures intensify. However, given the scale of incidents affecting freedom of expression, these victories feel isolated within a broader context of diminishing rights.

Why the upcoming elections are critical

In Maharashtra, where economic development and social challenges coexist, the state’s stance on freedom of expression has profound implications. The forthcoming elections in Maharashtra, the voting for which will take place on November 20, represent a watershed moment for civil liberties and democratic values in the state. The Maha Yuti coalition’s tenure has seen a sharp increase in suppression of dissent, targeting journalists, activists, and academics with intimidation, legal threats, and violence. The attacks on the press, the censorship within universities, and the harassment of activists all suggest that the coalition’s governance model rests on silencing opposition. If these trends continue, they threaten to redefine the state’s relationship with free speech, casting a long shadow over Maharashtra’s future as a democratic society.

The ruling coalition’s recent actions highlight a troubling trajectory away from democratic ideals, where dissent is criminalised, and accountability becomes rare. The stakes of this election extend beyond the immediate political outcomes—it will shape the future of civil liberties, set a precedent for free expression, and either affirm or reject Maharashtra’s commitment to democratic values.

The elections present an opportunity for the people of Maharashtra to address these deepening infringements. For a state that grapples with high poverty rates, farmer suicides, and rising unemployment, the stifling of public discourse is not just an attack on individual freedoms but a barrier to addressing systemic social issues. Without a robust media and space for activism, these pressing issues will likely remain unaddressed, and the public’s capacity to hold leaders accountable will diminish.

If voters decide to support parties that pledge to protect free speech, it could signal a shift toward a governance model that values transparency and accountability. Conversely, if the current regime is re-elected, the impending revival of the Maharashtra Special Public Security Bill and other repressive measures could entrench authoritarianism in the state, silencing dissent for years to come.

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