Context:
Recently, the Maharashtra Government tabled a new bill to curb Naxalism in urban areas.
More on the News
- The Maharashtra government introduced the ‘Maharashtra Special Public Security (MSPC) Bill, 2024’, which aims to address the growing presence of Naxalism in urban areas.
- The Bill targets a wide range of actions by suspects, including interference with the maintenance of public order and administration of the law, generating fear and apprehension in the public, encouraging or preaching disobedience of the law, etc.
- The Bill was introduced close to the end of the Assembly’s term, and its future will depend on the actions of the incoming government after the elections.
- It will lapse with the dissolution of the Assembly and would require re-introduction in the new Assembly unless the current government implement it through an ordinance.
Key Provisions of the MSPC Bill, 2024
- Designation of Unlawful Organizations: The MSPC Bill grants the government authority to designate any suspected organization as an “unlawful organization” for their support to Naxal cadres.
- Offenses: The Bill outlines four punishable offences:
- for being a member of an unlawful organisation,
- fundraising for such an organization when not a member,
- managing or assisting in managing an unlawful organization,
- for committing an “unlawful activity”
- Penalties: The penalties for these four offences range from two to seven years of imprisonment, coupled with fines ranging from ₹2 lakh to ₹5 lakh.
The most severe punishment, seven years’ imprisonment and a fine of Rs 5 lakh, applies to those convicted of committing an unlawful activity. - Legal Status of Offences: Offences under the proposed law are cognizable and non-bailable, allowing arrest without a warrant.
Need for the introduction of the Bill
- While the Unlawful Activities Prevention Act, 1967 and The Maharashtra Control of Organised Crime Act, 1999 are already in force in the State, the government contends that the existing laws are ineffective and inadequate to address this issue.
- The Maharashtra government has also cited the adoption of Public Security Acts and the banning of 48 Naxal frontal organizations by states such as Chhattisgarh, Telangana, Andhra Pradesh, and Odisha.
- Expedited Legal Processes: The government states that the Bill streamlines legal procedures by authorizing district magistrates or police commissioners to sanction prosecutions swiftly, aiming to prevent delays and ensure effective legal outcomes.
Criticism of the Bill
- The Bill’s provisions have been criticized as “draconian,” with concerns raised about its broad definitions.
Comparison with UAPA
- While both laws empower the state to designate unlawful associations:
- Under the UAPA, a Tribunal led by a High Court judge confirms the state’s declaration.
- In the MSPC Bill, an advisory board comprising “three persons who have been or are qualified to be” High Court judges is responsible for the confirmation process.
Definition of “Unlawful Activity”
- The MSPC Bill broadens the scope of unlawful activities beyond the UAPA, focusing on acts that endanger public order, disrupt law enforcement, or promote disobedience to established laws.
Way Forward
- Review and Consult: Involve legal experts, civil society, and human rights groups in revising the MSPC Bill for balance and constitutionality.
- Clarify Definitions: Clearly define key terms to prevent misuse.
- Enhance Judicial Oversight: Ensure the advisory board operates transparently and independently.
- Implement Safeguards: Incorporate protections against misuse, including higher thresholds for arrests and independent reviews.
Existing legal provisions against Naxalism
- Before the Bharatiya Nyaya Sanhita (BNS) was implemented on July 1, 2024, sections like 153A of the Indian Penal Code, which deals with “promoting enmity between different groups on grounds of religion, race, etc were used by govt agencies.
- Under the BNS, this charge is now listed as Section 196.
- Govt Agencies also use laws such as the Unlawful Activities (Prevention) Act, which grants investigators additional time to file a chargesheet and makes the bail process more stringent.