The Maharashtra Special Public Security (MSPC) Bill, 2024

Naxalism is a movement in India where groups follow Maoist communist ideas, meaning they want to create a society where everyone is equal, without rich or poor people. It began in 1967 in a village called Naxalbari in West Bengal, which is why it’s called Naxalism.

These groups believe that the only way to achieve their goal is by overthrowing the government through armed rebellion, which means using weapons and force. They are unhappy with how things are run and think violence is the way to bring change.

Naxalism has mostly affected rural and tribal areas in India. In these places, people often live in poor conditions and feel neglected by the government. The Naxalites, or members of the Naxal movement, take advantage of this by promising the locals a better life if they join their cause. This has led to a lot of violence, with Naxalites attacking government officials, police, and anyone they see as enemies.

The problem has grown over time, and now Naxalism has also spread to some urban areas. This expansion is a big concern for state governments, like in Maharashtra, because it means the violence and instability could affect more people and places.

In simple terms, Naxalism is when groups use violence to try to change the government and improve living conditions, but their actions often lead to more problems, especially in poorer areas and now in some cities too.

In this article we are going to discuss about “The Maharashtra Special Public Security (MSPC) Bill, 2024” which is directly related the the Naxalism in Maharashtra.

The Maharashtra Special Public Security (MSPC) Bill, 2024

The Maharashtra Special Public Security (MSPC) Bill, 2024, was introduced on July 11, 2024, by the Maharashtra government. The bill aims to address the increasing presence of Naxalism, particularly in urban areas, by expanding the state’s powers to combat Naxalism and associated unlawful activities.

Reason for the Bill

Deputy Chief Minister Devendra Fadnavis provided the following reasons for the bill

• Spread of Naxalism: Naxalism, which was initially a problem in remote areas, is now spreading to urban centers through organizations linked to the Naxal movement.
• Ineffective Existing Laws: Current laws are not effective or sufficient to deal with the threat posed by Naxalism in urban areas.
• Learning from Other States: Other states like Chhattisgarh, Telangana, Andhra Pradesh, and Odisha have enacted Public Security Acts to ban organizations connected to Naxalism. Maharashtra aims to follow this approach to better manage and control the threat.

Provisions of the Bill

The Maharashtra Special Public Security (MSPC) Bill, 2024, introduces several key measures to address the growing threat of Naxalism, particularly in urban areas.

Firstly, the Bill empowers the government to declare any suspect organization as an “unlawful organization.” This designation aims to curtail the activities of groups that are believed to support or engage in Naxal-related activities.

The Bill outlines four primary offences:

• Membership in an Unlawful Organization: Being a member of such organizations is criminalized to deter association with these groups.
• Raising Funds for an Unlawful Organization: Fundraising activities for these groups are prohibited to cut off financial support.
• Managing or Assisting in Managing an Unlawful Organization: Involvement in the management or support of these organizations is banned.
• Committing an “Unlawful Activity”: Engaging in any activities deemed unlawful under the bill’s provisions is penalized.

For these offences, the Bill specifies stringent penalties, including jail terms ranging from two to seven years and fines between Rs 2 lakh and Rs 5 lakh. These penalties are intended to serve as a strong deterrent against involvement in Naxal-related activities.

Additionally, the Bill makes offences under its provisions cognizable and non-bailable. This means law enforcement agencies can arrest individuals suspected of these offences without a warrant, and obtaining bail would be difficult. These measures aim to enhance the state’s ability to swiftly and effectively counteract Naxalism by providing stronger legal tools and deterrents.

The MSPC Bill, 2024, seeks to bolster Maharashtra’s legal framework to combat Naxalism by expanding government powers, defining key offences, imposing stringent penalties, and ensuring robust law enforcement capabilities.

Criticisms and Concerns

The Maharashtra Special Public Security (MSPC) Bill, 2024, has faced significant criticism due to its perceived draconian measures. Key points of criticism include:

• Curbing Dissent and Protest: Former Chief Minister Prithviraj Chavan and the People’s Union for Civil Liberties (PUCL) have labeled the Bill as an attempt to curb dissent and protest. They argue that the Bill could be used to stifle legitimate expressions of disagreement with the government.
• Broad Definitions and Extensive Powers: Critics argue that the Bill’s broad definitions of “unlawful activity” and the extensive powers granted to authorities could lead to misuse. The fear is that these provisions could be used to target political opponents, activists, and other individuals who may not be involved in Naxalism but are critical of the government.
• Suppression of Civil Liberties: There are concerns that the Bill could suppress civil liberties, including the right to free speech and assembly. The non-bailable nature of offences and the ability to arrest without warrants are seen as particularly harsh measures that could be exploited to intimidate and silence dissenting voices.

Comparison with the Unlawful Activities (Prevention) Act (UAPA), 1967

The Unlawful Activities (Prevention) Act (UAPA) is India’s primary anti-terror law and is often used in cases related to Naxalism. The Maharashtra Special Public Security (MSPC) Bill, 2024, shares some similarities with the UAPA but also includes notable differences:

• Designation of Unlawful Organizations:
  • UAPA: Allows the central government to designate associations as “unlawful.” This designation must be confirmed by a tribunal led by a High Court judge. This process provides a check and balance, ensuring that the designation is reviewed by a judicial authority.
  • MSPC Bill: Empowers the Maharashtra government to declare any suspect organization as “unlawful.” However, the necessary prosecution permissions can be granted by district magistrates or police commissioners. This provision aims to expedite the process and reduce delays in obtaining sanctions, but it also centralizes power within the executive branch at the district or police level.
• Prosecution Permissions:
  • UAPA: Requires higher-level approval and judicial oversight, which can lead to delays but also ensures a more thorough review process.
  • MSPC Bill: Allows district magistrates or police commissioners to grant prosecution permissions, potentially speeding up the process but raising concerns about the concentration of power and the risk of misuse.

Notable Differences

• Judicial Oversight:
  • The UAPA’s requirement for confirmation by a tribunal led by a High Court judge provides an additional layer of judicial oversight, which can help prevent misuse.
  • The MSPC Bill’s approach of allowing district magistrates or police commissioners to grant permissions lacks this judicial review, potentially making it easier to prosecute individuals and organizations but also increasing the risk of arbitrary or politically motivated actions.
• Speed and Efficiency:
  • The MSPC Bill is designed to expedite the prosecution process, addressing one of the common criticisms of the UAPA’s slow and cumbersome procedure. This can be beneficial in swiftly addressing urgent threats but may compromise thorough judicial scrutiny.

Definition of “Unlawful Activity”

The Maharashtra Special Public Security (MSPC) Bill defines “unlawful activity” broadly to include actions that:

• Threaten public order, peace, and tranquility.
• Interfere with the maintenance of public order and the administration of law.
• Intimidate public servants through force or show of force.
• Promote violence, vandalism, and fear.
• Encourage disobedience to established law.
• Collect money or goods to support unlawful activities.

This broad definition aims to encompass a wide range of actions that could destabilize society and support Naxalism, but it also raises concerns about potential misuse and suppression of civil liberties.

Future of the Bill

The fate of the Maharashtra Special Public Security (MSPC) Bill, 2024, remains uncertain due to the following factors:

• Timing of Introduction: The Bill was introduced at the end of the Assembly’s term, making its progress dependent on the actions of the next government of Maharashtra.
• Potential Lapse: If the Assembly is dissolved before the Bill is passed, it will lapse. This means the Bill would need to be reintroduced in the next legislative session.
• Ordinance Possibility: The current government could choose to implement the Bill through an ordinance. This would allow the provisions to take effect immediately, but the ordinance would still require ratification by the new Assembly to become permanent law.

The MSPC Bill’s future hinges on the political developments in Maharashtra, with possibilities ranging from reintroduction by the next government to immediate implementation via ordinance by the current administration.

Conclusion

The Maharashtra Special Public Security (MSPC) Bill, 2024, is a legislative response to the growing urban presence of Naxalism, a movement rooted in Maoist ideology advocating for the overthrow of the government through armed rebellion. Introduced to strengthen the state’s ability to combat Naxal activities, the Bill empowers the government to declare organizations as unlawful, criminalizes various forms of support for such organizations, and prescribes stringent penalties.

While intended to enhance public security, the Bill has faced criticism for potentially curbing dissent and infringing on civil liberties due to its broad definitions and extensive powers granted to authorities. Comparatively, the Bill seeks to streamline prosecution processes more efficiently than the Unlawful Activities (Prevention) Act (UAPA), but at the cost of reduced judicial oversight.

The future of the Bill remains uncertain, dependent on the actions of the next Maharashtra government and the potential use of an ordinance by the current administration. The balance between ensuring public security and safeguarding civil liberties will continue to be a contentious issue as the state navigates the complexities of addressing Naxalism in both rural and urban contexts.

By: Saurav Yadav, Associate Editor at Legal Equity