- 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.
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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.
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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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