MAHARASHTRA UNLAWFUL ACTIVITIES BILL - POLITY & INTERNAL SECURITY

MAHARASHTRA UNLAWFUL ACTIVITIES BILL - POLITY & INTERNAL SECURITY

 

Why in News?

 

The Maharashtra government has tabled a bill, the Maharashtra Special Public Security Act, 2024, which empowers the state to label any group as illegal by notification in the official Gazette.

 

"Urban Naxals":

  • Refers to individuals in urban areas promoting Naxalite ideology through activism.
  • Contrasts with active Naxals who engage in combat in rural Maoist-controlled regions.

 

Origin and Context:

  • Coined around 2018 during the fallout of the Elgaar Parishad case in Maharashtra.
  • Emerged from crackdowns on leftist activists and dissenters following the Bhima Koregaon violence in 2018.

 

Controversy:

  • Seen by some as a pejorative label used to suppress dissent and criticism.
  • Considered by others as a legitimate descriptor for those supporting Naxalite ideology in urban settings.

 

Manifestations of Naxalite Ideology in Urban Areas:

  • Includes publishing articles, organizing seminars, and critiquing state policies.
  • Involves radicalizing students, establishing sympathetic networks, and engaging in disruptive activities like sabotage or targeted violence.

 

Urban Spread of Naxalism:

  • Increasing presence in urban centers through Naxal frontal organizations.
  • These groups provide logistical support and safe havens for armed Naxal cadres, posing challenges to urban security.

 

Origin of Naxalism in India:

  • The term ‘Naxalism’ originates from Naxalbari, a village in West Bengal.
  • Naxalism in India began as a group from the Communist Party of India (Marxist), where a faction led by Charu Majumdar, Kanu Sanyal, and Jagan Santhal broke away to initiate armed resistance against large landowners and the establishment.
  • The rebellion, which started in 1967, aimed to redistribute land to impoverished peasants.

 

Spread of the Naxalite Movement:

  • Initially confined to West Bengal, the movement has expanded across Eastern India.

It has particularly gained ground in underdeveloped regions of states such as Chhattisgarh, Odisha, and Andhra Pradesh.

Maharashtra Special Public Security Act, 2024

Objectives: The act aims to address the increasing threat of Naxalism in urban areas.

Key Provisions of the Maharashtra Special Public Security Bill

  1. Definition of Organisation: The bill defines an ‘organisation’ as any group of individuals, whether identified by a specific name or not, and irrespective of whether they operate under a formal written constitution.
  2. Definition of Unlawful Activity: "Unlawful activity" is broadly defined to include actions that threaten public order, peace, and tranquillity, or interfere with the administration of law and established institutions. 
  • This includes engaging in or promoting violence, vandalism, or actions causing public fear and apprehension. It also covers activities that encourage disobedience to established laws and authorities, aiming to maintain societal harmony and prevent disturbances to public order.
  1. Seizure of Assets: The bill allows the state to seize movable property, including money, securities, and other assets found on premises. Police are authorized to search premises for literature related to “urban Naxalism” and seize such materials if found. Confiscated assets can be forfeited to the government if the District Magistrate or Commissioner of Police believes they could support unlawful organisation activities.
  2. Non-bailable Offences: All offences under this law will be cognizable and non-bailable, and will be investigated by a police officer not below the rank of Sub-Inspector.

Criticism against the Maharashtra Special Public Security Act, 2024

  1. Broad Definitions: Critics argue that the definitions of "organisation" and "unlawful activity" are overly broad and vague. This could lead to arbitrary or politically motivated targeting of individuals and groups.
  2. Fear of Dissent: There are concerns that the act could suppress dissent and legitimate forms of protest by classifying them as unlawful activities. The vague language suggests an intent to instill fear among human rights activists and restrict their activities, potentially targeting any citizen advocating for systemic change.
  3. Curtailment of Rights: The bill is criticized for suppressing freedom of speech and expression, and hindering non-violent protests against oppression.
  4. Overlapping Provisions: Critics argue that many of its provisions overlap with existing laws such as the Unlawful Activities Prevention Act, the National Security Act, and other Public Safety Acts.
  5. Legal and Human Rights Concerns: There are significant concerns about potential violations of due process rights, including the right to a fair trial and protection against arbitrary detention.

Sources: https://indianexpress.com/article/explained/explained-law/maharashtra-bill-naxalism-urban-areas-9451843/