The Maharashtra government recently introduced the Maharashtra Special Public Security (MSPC) Bill, 2024, aimed at addressing the increasing presenceof Naxalism in urban centers.
About Naxalism
- Definition: Naxalism is a left-wing extremist movement primarily associated
with rural and forested regions, especially in the ‘Red Corridor’ areas of India. - Goals: Naxalites seek to overthrow the state through violent means, rejecting
democratic processes. - Causes: Marginalization, support from landless laborers, sharecroppers,
agricultural laborers, Harijans, and tribals, forest management issues, and lack
of development. - Challenges: Vulnerability to external threats, impediments to economic
development, increased internal security costs, and adverse impacts on
governance and service delivery.
Maharashtra Special Public Security (MSPC) Bill, 2024
- Target Audience: Individuals in urban areas involved in Naxal-related activities,
including spreading Naxal ideology, recruiting new members, and providing logistical support. - Frontal Organizations: Acknowledges the infiltration of Naxalism into urban areas
through frontal organizations that provide safe havens and logistical support. - Increased Powers for Law Enforcement: Empowers law enforcement agencies to
take decisive action against Naxal activities in urban centers.
Main Provisions of the Proposed Law
Declaration of Unlawful Organizations: Empowers the government to declare any
suspect organization as an unlawful organization.
Offences and Penalties:
- Membership in an unlawful organization.
- Raising funds for an unlawful organization.
- Managing or assisting in managing an unlawful organization.
- Committing an unlawful activity.
Penalties:
- Imprisonment of up to seven years and fines ranging from Rs 2 lakh to Rs 5 lakh.
- Offences are cognizable and non-bailable.
- Legal Provisions Against Naxalism
- Bharatiya Nyaya Sanhita (BNS): Previously used Sections like 153A of the Indian Penal Code (IPC) to tackle Naxal-related
offences, now listed as Section 196 under BNS. - UAPA and the MSPC Bill: Similar procedures for declaring unlawful organizations. The MSPC Bill includes an advisory board of
three persons qualified to be High Court judges for confirmation.
Criticisms and Debates
Concerns: Civil society members argue that several sections of the bill are vague or grant overriding powers to the state
machinery, potentially leading to misuse.
Balance: The debate continues on balancing security measures with safeguarding civil liberties.
Conclusion
The MSPC Bill aims to tackle Naxalism in urban areas by empowering law enforcement agencies. It is essential to strike a balance
between effectively addressing extremism and upholding democratic values and individual rights. As the MSPC Bill undergoes
scrutiny and debate, finding a middle ground is crucial to ensure both security and civil liberties are protected.