Maharashtra Special Public Security Bill

Syllabus: GS2/ Polity and Governance; GS3/ Internal Security

Context

• The Maharashtra Legislature passed the Maharashtra Special Public Security Bill to provide for effective prevention of certain unlawful activities of Left Wing Extremist organisations or similar organisations’.
  • Maharashtra is the fifth State after Chhattisgarh, Telangana, Andhra Pradesh and Odisha to enact a Public Security Act “for more effective prevention of unlawful activities of such organisations.”

Key Provisions of the Bill

• Declaration of Organisations as ‘Unlawful’: The State Government can ban organisations it deems unlawful without public notification or due process safeguards.
• Criminalisation of Expression: Section 2(f) criminalises speech, gestures, or signs that “tend to interfere with public order or cause concern.
• Extension of Ban Without Limit: Once banned, an organisation can be permanently banned as there is no time limit for review.
• No Lower Court Jurisdiction: Lower courts cannot hear cases under this Act, making legal challenges more difficult.
• Immunity to Officials: Government officials acting in ‘good faith’ are provided full legal protection.

Concerns and Criticism

• Vague Definitions: The use of terms like ‘unlawful activity’ and ‘public order’ are ambiguous, and violate principles laid down in Shreya Singhal v. Union of India (2015), undermining Article 14 and Article 19 of constitution.
• Due Process Gaps: Arrest and seizure powers can be exercised on suspicion alone, with limited procedural safeguards and delayed avenues of appeal through the High Court.
• Property Rights Violation: Sections 9–10 allow coercive seizure of property without prior judicial oversight or compensation, undermining Article 300A.
• Suppression of Dissent: Peaceful protests, farmers’ groups, students’ unions, and civil rights organisations may be targeted.

What is the Naxalite Movement? – Origin: The Naxalite movement began in 1967 in Naxalbari, West Bengal, as a radical leftist uprising championing the rights of tribal and landless communities. – Geographic Spread: The insurgency spread across the so-called Red Corridor, covering parts of Chhattisgarh, Jharkhand, Odisha, Maharashtra, West Bengal, Andhra Pradesh, Telangana, Madhya Pradesh, and Kerala. – Approach adopted: Naxalites employ guerrilla warfare, target state institutions, extort local populations, and often recruit children.  1. They claim to fight for marginalized communities but resort to violent methods. Government Initiatives – Security Related Expenditure (SRE) Scheme: This Scheme is being implemented as a sub-scheme of the umbrella scheme ‘Modernization of Police Forces’.  1. The Central Government reimburses security related expenditure for LWE affected districts and districts earmarked for monitoring. – SAMADHAN Strategy: A comprehensive approach involving Smart Leadership, Aggressive Strategy, Motivation and Training, Actionable Intelligence, Dashboard-Based KPIs and KRAs, Harnessing Technology, Action Plans for each Theatre, and No Access to Financing. – Scheme of Fortified Police stations: 612 Fortified Police Stations have been constructed in LWE affected areas in the last 10 years. – Aspirational District: The Ministry of Home Affairs has been tasked with the monitoring of Aspirational districts programme in 35 LWE affected districts. – Focused Developmental Assistance: Special Central Assistance (SCA) of ₹30 crore for most affected districts and ₹10 crore for Districts of Concern is bridging infrastructure gaps.

Source: TH