Source: The Hindu 

Introduction 

The Maharashtra government recently proposed a new law called the Maharashtra Special Public Security Act. This controversial bill aims to combat what the government calls "urban Naxalism" by giving authorities broad powers to declare organizations unlawful and arrest people for alleged anti-national activities. Similar laws already exist in some other Indian states affected by Maoist insurgencies. 

The Maoist-hit States of Andhra Pradesh, Telangana, Chhattisgarh and Odisha have already implemented Public Security Acts to prevent unlawful activities. 

What is Urban Naxalism? 

• Urban Naxalism refers to the presence and activities of Naxalites or CPI (Maoist) in urban areas. 
• According to Maoist strategy, the urban movement serves as a crucial source for recruiting cadres and leadership for their "people's war." 
• The urban network is responsible for providing supplies, technology, expertise, and information to support rural insurgency. 
• The three main objectives of Maoist urban operations are:  
  • Mobilizing and organizing the masses 
  • Building a united front through a network of mass organizations 
  • Carrying out military tasks 
• Key activities of urban Naxalites include:  
  • Maintaining safe houses for leaders and cadres 
  • Providing logistical support to underground squads 
  • Recruiting youth, students, and workers from various sectors 
• Urban areas serve as transit points, meeting locations, and places for recuperation for Naxalite operatives. 

What is Need of the Maharashtra Special Public Security Act? 

• Urban expansion of Naxalism: Front organizations are extending Naxal influence into cities, providing support to armed cadres. 
• Limitations of current laws: Existing legislation is deemed inadequate to address evolving Naxal strategies in urban areas. 
• Following other states' lead: Neighboring states affected by Naxalism have implemented similar laws to combat front organizations. 
• Streamlining legal processes: The new law aims to address delays in prosecution under existing laws like UAPA. 
• Security concerns: Recent Naxal attacks, such as the one in Gadchiroli district, highlight the ongoing threat to public safety. 

What is the Aim of the Maharashtra Special Public Security Act? 

• To combat the spread of Naxalism in urban areas through frontal organizations. 
• To disrupt the support network that provides logistics and safe refuge to armed Naxal cadres. 
• To control and prevent the activities of organizations that propagate ideologies of armed rebellion against the constitutional mandate. 
• To provide more effective legal means to tackle unlawful activities, as existing laws are deemed insufficient. 
• To bring Maharashtra's anti-Naxal measures in line with neighboring states that already have similar laws. 
• To give the government broader powers to declare organizations unlawful and act against them. 

What are the Key provisions of Maharashtra Special Public Security Bill, 2024? 

• Declaration of Unlawful Organizations:  
  • The state government has the power to declare an organization as "unlawful." 
  • This declaration will be reviewed by an advisory board of three qualified individuals, either current or former High Court judges, or those qualified to be High Court judges. 
• Definition of Unlawful Activities:  
  • Activities that threaten public order, peace, and tranquility 
  • Interference with law administration and obstruction of public servants 
  • Violence, vandalism, use of firearms, explosives, and disruption of transportation 
  • Encouraging disobedience to law and established institutions 
  • Collecting funds or goods for unlawful activities 
• Nature of Offenses:  
  • All offenses under this law are cognizable and non-bailable 
  • Investigations must be conducted by police officers of Sub-Inspector rank or above 
• Punishments:  
  • Members of Unlawful Organizations: Up to 3 years imprisonment and fines up to Rs 3 lakh 
  • Non-members Contributing or Aiding Unlawful Organizations: Up to 2 years imprisonment and fines up to Rs 2 lakh 
  • Management or Promotion of Unlawful Organizations: Up to 3 years imprisonment and fines up to Rs 3 lakh 
  • Committing, Abetting, or Planning Unlawful Activities: Up to 7 years imprisonment and fines up to Rs 5 lakh 
• Seizure and Forfeiture:  
  • District Magistrates or Commissioners of Police can take possession of places used for unlawful activities once an organization is declared unlawful 
  • The government has the power to forfeit money and assets intended for use by unlawful organizations 
• Legal Review Process:  
  • The advisory board must review the declaration of an unlawful organization within six weeks 
  • The board must submit its report within three months 
  • High Courts can review government actions through revision petitions 

What is Comparison Between the Proposed Maharashtra Special Public Security (MSPS) Act and the Existing Unlawful Activities (Prevention) Act (UAPA) along with the Maharashtra Control of Organized Crime Act (MCOCA)? 

• Similarities:  
  • Both MSPS Act and UAPA allow the state to classify organizations as 'unlawful associations' 
  • Both laws are aimed at combating extremist activities, including Naxalism and terrorism 
  • Both provide for cognizable and non-bailable offenses 
• Key Differences:  
  • Review Process:  
    • MSPS Act: An advisory board of three persons qualified to be High Court judges oversees the confirmation process •  
    • UAPA: A tribunal led by a sitting High Court judge verifies the state's declaration 
  • Scope:  
    • MSPS Act: Specifically targets 'urban Naxalism' and related activities in Maharashtra  
    • UAPA: Has a broader national scope, covering various forms of terrorism and unlawful activities 
• Additional Powers under MSPS Act:  
  • Allows arrest without warrant 
  • Enables arrests without immediately informing individuals of charges 
  • Provides for seizure and forfeiture of property used by unlawful organizations 
• Relation to MCOCA:  
  • MCOCA is already in use in Maharashtra for extreme cases involving alleged 'urban Naxals' 
  • The MSPS Act would provide additional tools for law enforcement in such cases 
• Potential Impact:  
  • If passed, the MSPS Act would significantly expand police and security agencies' powers in Maharashtra 
  • It could lead to more arrests and property seizures related to suspected Naxal activities 
  • The act might face scrutiny over potential infringement on civil liberties 
• Legal Safeguards:  
  • Both MSPS Act and UAPA include review mechanisms, though their structures differ 
  • High Court oversight is maintained in both acts, allowing for some legal recourse 

What is the Other States' Law Regarding Public Security? 

• Chhattisgarh Special Public Security Act, 2005:  
  • Purpose: Enacted to combat Naxalite activities in Chhattisgarh. 
  • Key provisions:  
    • Allows the state to declare organizations as unlawful  
    • Defines unlawful activities broadly, including those disrupting public order 
    • Prescribes punishments for membership in unlawful organizations  
    • Enables seizure of property used for unlawful activities 
  • Controversial aspects:  
    • Criticized for potentially broad interpretation and application •  
    • Concerns raised about possible misuse against activists and dissenters 
  • Impact: Has been used in numerous cases against alleged Naxalites and supporters 
• Telangana State Public Security Act, 2019:  
  • Background: Replaced the Andhra Pradesh Public Security Act, 1992 after Telangana's formation 
  • Key features: 
    • Allows designation of unlawful organizations  
    • Provides for an advisory board to review such designations  
    • Criminalizes membership and support of unlawful organizations •  
    • Enables property seizure and forfeiture 
  • Scope: Aimed at various forms of extremism, including left-wing extremism 
  • Legal safeguards: Includes provisions for judicial review of government actions 
  • Application: Used in cases related to Naxalite activities and other perceived security threats 
• Andhra Pradesh Public Security Act, 2020:  
  • Enacted after the bifurcation of Andhra Pradesh and Telangana 
  • Main provisions:  
    • Empowers the state to declare organizations as unlawful •  
    • Defines various unlawful activities, including those threatening public order  
    • Prescribes punishments for participation in and support of unlawful organizations  
    • Allows for seizure and forfeiture of property 
  • Oversight mechanism: Includes an advisory board for reviewing declarations of unlawful organizations 
  • Penalties: Provides for imprisonment and fines for various offenses 
  • Scope: Aimed at addressing left-wing extremism and other security threats 
• Regional Pattern:  
  • The existence of these laws in multiple states indicates a regional approach to addressing perceived security threats 
  • All mentioned states have histories of dealing with Naxal or Maoist activities 
• Legislative Trend:  
  • The introduction of the Maharashtra bill in 2024 suggests a continuing trend of states adopting such laws 
  • It indicates that Maharashtra sees value in aligning its legal framework with neighboring states on this issue 
• Potential for Standardization:  
  • The similarity in these laws across states might lead to a more standardized approach to dealing with certain security issues 
  • This could have implications for inter-state cooperation in addressing Naxal-related activities 

Conclusion  

The Maharashtra Special Public Security Act, 2024, represents a continuation of a regional trend in enacting stringent laws to combat urban Naxalism and related activities. While the government argues it's necessary for effective law enforcement, the act raises significant concerns about potential misuse and infringement on civil liberties. As with similar laws in other states, the MSPS Act's implementation and impact will likely be closely scrutinized, balancing security needs against the protection of democratic freedoms.