29-July-2024-Editorial

MAHARASHTRA SPECIAL PUBLIC SECURITY (MSPS) BILL, 2024

The Maharashtra government has proposed the Maharashtra Special Public Security (MSPS) Bill, 2024, to address the increasing presence of Naxalism in urban areas.

The Bill has sparked significant debate due to its broad and stringent provisions.

State of Naxalism in India

Incidents and Deaths: From 2018 to 2023, there were 3,544 Left Wing Extremism (LWE)-related incidents and 949 deaths.

Urban Naxalism:

• Definition: Refers to a Maoist strategy where urban areas are targeted for leadership, organizing masses, and engaging in military tasks.
• Origin: Based on the CPI (Maoist) document “Urban Perspective” focusing on organizing the working class as the revolution’s leadership.
• Lack of Official Definition: There is no official definition of “Urban Naxal”.

Background of the Bill

• Urban Infiltration: The government contends that Naxalism, traditionally in remote regions, is infiltrating urban areas via frontal organizations providing logistics and safe havens.
• Inadequate Existing Laws: Current laws like the Unlawful Activities Prevention Act (UAPA) and the Maharashtra Control of Organised Crime Act (MCOCA) are deemed inadequate for this evolving threat.
• Model Legislation: The MSPS Bill is modeled after similar laws in Chhattisgarh, Telangana, Andhra Pradesh, and Odisha.

Key Provisions of the Bill

• Declaration of Unlawful Organizations: The government can declare any organization as unlawful based on its activities.
• Offences and Penalties:
  • Offences: Includes being a member, raising funds, managing, and assisting in unlawful activities.
  • Penalties: Imprisonment for 2-7 years and fines between Rs 2-5 lakh.
• Cognisable and Non-Bailable: Offences are cognisable, allowing arrests without a warrant, and non-bailable.
• Faster Prosecution: Allows district magistrates or police commissioners to grant necessary permissions, bypassing higher authority sanctions.

Comparison with UAPA

• Definition of Unlawful Activities:

• UAPA: Targets actions supporting/inciting secession or questioning India’s sovereignty and territorial integrity.
• MSPS Bill: Expands definition to include acts interfering with public order, law administration, and generating public fear.

• Judicial Interpretation: UAPA’s definitions have been refined by courts, while the MSPS Bill’s definitions are broader.
• Prosecution Process: MSPS Bill simplifies the prosecution process to reduce delays.

Criticisms and Implications

• Vagueness and Overreach:

• Critics argue the Bill’s definitions are too vague, potentially leading to misuse.
• Terms such as “threat to public order” and “promoting defiance” are often considered subjective.

• Threat to Civil Liberties: Concerns over the Bill being used to suppress dissent and target activists, journalists, and political opponents.
• Judicial Oversight: Unlike UAPA’s requirement for confirmation by a High Court judge-led tribunal, the MSPS Bill uses an advisory board of ex-judges or eligible persons, raising concerns about adequate oversight.
• Potential for Misuse:

• Provisions for property seizure and eviction without proper notice or hearing.
• Penalizing non-members for aiding unlawful organizations.

Legal and Social Implications

• Impact on Freedom of Expression: Broad definitions could criminalize legitimate protests, criticism of the government, and investigative journalism.
• Judicial Precedents: Courts emphasize stringent laws should be narrowly defined and strictly interpreted; the MSPS Bill’s broader definitions could conflict with judicial principles.
• Role of Civil Society: Potential curb on civil liberties may lead to increased activism and opposition from human rights organizations.

Conclusion

The Maharashtra Special Public Security Bill, 2024, marks a significant shift in addressing Naxalism. While the government justifies the Bill as necessary for combating urban Naxalism, its broad and stringent provisions raise serious concerns about civil liberties and potential misuse. Balancing public security with democratic freedoms will be crucial in determining the Bill’s future and impact on Maharashtra’s legal and social fabric.