Maharashtra Bill to Curb Urban Naxalism

Maharashtra bill to curb 'urban Naxalism' is a significant legislative move aimed at addressing a complex security issue. Check here Implications and provisions of New Bill.

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Context: The Maharashtra government proposed ‘Maharashtra Special Public Security Bill, 2024′.

What is the New Maharashtra Bill to Curb Urban Naxalism?

The proposed bill in Maharashtra introduces stringent measures against what it classifies as “unlawful organisations” and activities:

Power to Declare Organisations Unlawful: The government can designate suspect organisations as “unlawful.”
Prescribed Offences:
- For being a member of an unlawful organisation,
- When not a member, for raising funds for an unlawful organisation,
- For managing or assisting in managing an unlawful organisation and,
- For committing an “unlawful activity”.
Punishments: These offences carry imprisonment ranging from 2-7 years and fines between Rs 2- 5 lakh.
Legal Process: Offences under this bill are cognizable (arrests can be made without a warrant) and non-bailable.

What is Urban Naxalism?

Urban Naxalism refers to the support, advocacy, or facilitation of Maoist ideologies and activities within urban settings by intellectuals, activists, students, and professionals.
The term ‘Naxalism’ originates from the Naxalbari uprising in West Bengal in 1967, where a group of Maoist insurgents began a violent rebellion against the Indian state, advocating for a communist revolution through armed struggle.

Differences from the Unlawful Activities Prevention Act (UAPA)

Like the UAPA, the proposed Maharashtra bill allows the state to label associations as unlawful.
Confirmation Process:
- UAPA: A tribunal led by a High Court judge confirms the state’s declaration.
- Maharashtra Bill: An advisory board with 3 members, qualified to be High Court judges, confirms the declaration.
Definition of “Unlawful Activity”:
- UAPA: Includes acts threatening India’s sovereignty and territorial integrity.
- Maharashtra Bill: Sets a lower threshold for what constitutes “unlawful activity.”
Procedural Differences in Prosecution:
- Under UAPA, delays in obtaining sanction for prosecution from central or state authorities can lead to acquittals.
- The Maharashtra Bill allows district magistrates or police commissioners to grant permission for prosecution, aiming to expedite the legal process and reduce delays.

Definition of “Unlawful Activity” in the Maharashtra Bill

Scope: The bill broadly categorised acts that threaten public order, peace, or the administration of law as unlawful activities. Specific examples include:

Acts posing a danger to public order, peace, or tranquillity.
Interference with public order maintenance.
Interference with the administration of law or its institutions.
Acts intended to overawe public servants by criminal force.
Acts of violence, vandalism, use of firearms, explosives, or other disruptive activities.
Encouraging disobedience to established law and its institutions.
Fundraising for carrying out any of the above activities.

What are its Implications of New Bill?

The proposed law in Maharashtra simplifies the process of designating groups as unlawful and prosecuting associated individuals, potentially increasing the government’s control over preventing and swiftly acting against activities deemed as threats.
However, the broader definition of “unlawful activity” compared to UAPA might raise concerns regarding the scope of powers granted and the potential for misuse.