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The Maharashtra Special Public Security (MSPC) Bill, 2024

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  • Context (IE): The Maharashtra government has introduced the MSPC Bill, 2024, to combat Naxalism by asserting that Naxal front organisations operate in cities and provide support to armed Naxal cadres.

Naxalism

  • It is a Maoist-inspired rebellion against the Indian Government, particularly in the areas of central and eastern India.
  • The movement took its name from the village of Naxalbari in West Bengal, where a peasant uprising against landowners occurred in 1967.
  • The movement spread to other parts of India, such as AP, Chhattisgarh, Jharkhand, and Odisha.

Key Provisions

  • Declaring Organizations Unlawful: This law grants the government the power to label organizations “unlawful” if it suspects them of supporting unlawful activities.
  • Definition of Unlawful Activity: Unlike existing laws, criteria for unlawful activity are broadly defined, raising concerns over potential misuse.
  • Punishments: Up to 7 years imprisonment and ₹5 lakh fine.
  • Property Seizure: Allows authorities to seize properties suspected of facilitating unlawful activities.

Need for the Bill

  • Increasing Presence of Naxalism: Naxalism is extending into urban centres via front organisations, providing logistical support and safe havens for armed cadres.
  • Inadequacy of Existing Laws: Evolving Naxal strategies in urban areas necessitates new legislation.
  • Experience of Other States: Chhattisgarh, Telangana, Andhra Pradesh, and Odisha are enacting similar laws to ban Naxal front organisations.
  • Legal and Procedural Streamlining: Delays and hurdles under current laws like UAPA in obtaining prosecution sanctions necessitate such laws.
  • Public Order and Security Concerns: The naxal attack on Police in the Gadchiroli district resulted in the deaths of 15 security personnel and one civilian driver.

Criticisms

  • Repression: Declaring organisations unlawful could suppress dissent and peaceful activism.
  • Lack of Transparency: Unclear processes for designation and vague defining of unlawful activity.
  • Fundamental Rights Violations: Property seizures and arrests without due process.
  • Curbing Civil Liberties: Risks restricting freedoms of speech, expression, association, and assembly, potentially labelling peaceful protests as unlawful.
  • Legal Challenges: Similar laws in other states have faced scrutiny for overly broad definitions.
  • Hasty Introduction: Timing just before elections raises suspicions about political motives.

Some Schemes to tackle Naxalism in India

  • Surrender-cum-Rehabilitation Scheme for Left Wing Extremists: Offers financial assistance, education, and vocational training to Naxalites who surrender.
  • Integrated Action Plan (IAP): Multi-departmental initiative allocating funds for infrastructure development, education, healthcare, and livelihood generation in Naxal-affected areas.
  • Road Requirement Plan for LWE Affected Areas: Focuses on constructing new roads and improving existing ones in LWE-affected regions to enhance connectivity, facilitate troop movement, etc.
  • LWE Mobile Tower Project: Installs mobile phone towers in remote areas of Naxal-affected regions to enhance communication capabilities for security forces and local communities.
  • Vanbandhu Kalyan Yojana: Aims at holistic development of tribal areas, including Naxal-affected regions, through various socio-economic initiatives.
  • Tribal Sub-Plan (TSP): This plan ensures earmarked funds for tribal development, addressing issues of land rights, education, healthcare, and livelihoods in Naxal-affected tribal areas.
  • Skill Development Initiatives in LWE-affected areas: Provides skill training and employment opportunities to youth in Naxal-affected regions, aiming to offer alternative livelihood options.

Comparison with UAPA

Law Focus Definitions Restrictions Criticism
UAPA (Unlawful Activities Prevention Act) Unlawful activities & terrorist organisations. Broad definitions of ‘unlawful activity’ and ‘terrorist organisation’. Curbs on freedom of speech, association, and assembly. Potential misuse, targeting legitimate dissent.
Maharashtra Special Public Security (MSPC) Bill, 2024 Urban Naxalism and related organisations. Concerns about overbroad definitions of ‘unlawful activity’ and ‘unlawful organisation’. Potential to restrict freedom of speech, expression, association, and assembly. Similar concerns about misuse and targeting dissent.

Read more > Unlawful Activities (Prevention) Act (UAPA)

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