Maharashtra government introduced a new bill to curb Naxalism in urban areas.State of Naxalism in India: During the period from 2018 to 2023 there were 3,544 LWE-related incidents and 949 deaths.Urban Naxalism: The term ‘Urban Naxal’ is based off a Maoist strategy where they look to urban regions for leadership, organising masses and engaging in military tasks like providing personnel and infrastructure.
The strategy is based off a document by the CPI (Maoist) called “Urban Perspective,” which explains that the focus has to be on organising the working class, which is “the leadership of our revolution”.However, there is no official definition of the term Urban Naxal.
Provisions of the Maharashtra Special Public Security Bill, 2024
- The government contends that Naxalism, traditionally confined to remote regions, is now infiltrating urban areas through frontal organisations that provide logistics and safe havens for armed Naxal cadres.
- The existing laws, including the Unlawful Activities Prevention Act (UAPA) and the Maharashtra Control of Organised Crime Act (MCOCA), are deemed inadequate to tackle this evolving threat.
- The MSPS Bill is modelled after similar legislation in states like Chhattisgarh, Telangana, Andhra Pradesh, and Odisha, which have enacted Public Security Acts to curb Naxal activities.
Key Provisions of the Bill
- The government can declare any organisation as unlawful based on its activities.
- The Bill outlines four main offences related to unlawful organisations: being a member, raising funds, managing, and assisting in unlawful activities.
- Penalties range from imprisonment for 2-7 years and fines between Rs 2-5 lakh.
- The offences under the Bill are cognisable allowing arrests without a warrant, and non-bailable.
- The Bill allows for faster prosecution by permitting district magistrates or police commissioners to grant the necessary permissions, bypassing the need for sanction from higher authorities.
Comparison with UAPA
- While the UAPA also targets unlawful activities, the MSPS Bill expands the definition of “unlawful activity” to include acts that interfere with public order, and administration of law, and generate fear among the public.
- The UAPA’s definitions have been refined by judicial interpretation over the years, whereas the MSPS Bill’s definitions are apparently broader.
- Moreover, the MSPS Bill simplifies the prosecution process, which the government argues will reduce delays and improve enforcement.
Unlawful Activities (Prevention) Act (UAPA)
- The Unlawful Activities (Prevention) Act, 1967 was enacted to provide for more effective prevention of certain unlawful activities of individuals and associations, for dealing with terrorist activities, and for matters connected therewith.
- Unlawful activities are defined as actions supporting or inciting the cession or secession of any part of India, or actions questioning or disrespecting its sovereignty and territorial integrity.
- The National Investigation Agency (NIA) is empowered by the UAPA to investigate and prosecute cases nationwide.
- It underwent multiple amendments (2004, 2008, 2012 and 2019) expanding provisions related to terrorist financing, cyber-terrorism, individual designation as terrorist, and property seizure.