The Maharashtra Mahayuti government has proposed a bill in the Assembly that intends to curb the threat of Naxalism and its supporters in urban areas.
Deputy Chief Minister Devendra Fadnavis, who also holds the home portfolio, presented the bill in the Assembly on Thursday that targets a wide range of actions such as interference with the maintenance of public order and administration of the law, generating fear and apprehension in the public, encouraging or preaching disobedience of the law.
The bill has been criticised for being “draconian”. Former chief minister Prithivraj Chauhan said the People’s Union for Civil Liberties has said the Bill is “unconstitutional and has been brought with a view to curb dissent”.
What is the New Bill?
The Maharashtra Special Public Security Bill, 2024 gives power to the government to declare any suspect “organisation” as an “unlawful organisation”. The bill says that “any action which constitutes a danger or menace to public order, peace and tranquility or interferes or tends to interfere with maintenance of public order or interferes or tends to interfere with administration of law or its established institutions and personnel will be considered as unlawful activity”.
The bill prescribes four offences for which an individual can be punished: (i) for being a member of an unlawful organisation, (ii) when not a member, for raising funds for an unlawful organisation, (iii) for managing or assisting in managing an unlawful organisation and, (iv) for committing an “unlawful activity”.
A person punished for these four offences can be jailed for up to two years to seven years, and attract a fine of up to Rs 2 lakh to Rs 5 lakh. The offence relating to committing an unlawful activity carries the toughest punishment: imprisonment of seven years and a fine of Rs 5 lakh.
Difference Between Maharashtra Bill and UAPA
Both the Maharashtra anti-Naxal bill and Unlawful Activities of Prevention Act give state the power to designate associations as “unlawful organisations”.
Under the UAPA, a Tribunal headed by a judge of a High Court confirms the declaration made by the state. In the Maharashtra bill, an advisory board consisting of “three persons who have been or are qualified to be” a judge of a high court is tasked with carrying out the confirmation process.
How will an Accused be Charged?
According to Maharashtra government officials, the requirement of sanction from a competent authority of the central or state government act as a hindrance for prosecuting under UAPA. Under the proposed law, this permission can be given by the district magistrate or police commissioner, which will expedite the process.
The new bill will ensure that the accused are not acquitted because of delays in obtaining sanctions.
What is ‘Unlawful Activity’?
The UAPA’s definition of “unlawful activity” includes “cession” or “secession” of a part of the territory of India from the Union; any act that “disclaims, questions, disrupts or is intended to disrupt the sovereignty and territorial integrity of India”; and causing “disaffection against India”.
As per the Maharashtra bill, unlawful activity “(i) which constitutes a danger or menace to public order, peace is and tranquility; or (ii) which interferes or tends to interfere with maintenance of public order; or (iii) which interferes or tends to interfere with the administration of law or its established institutions and personnel; or (iv) which is designed to overawe by criminal force or show of criminal force or otherwise to any public servant including the forces of the State Government or the Central Government in exercise of the lawful powers of such public servant and Forces ; or (v) indulging in or propagating, acts of violence, vandalising or other acts generating fear and apprehension in the public, or indulging in or encouraging, the use of firearms, explosives or other devices or disrupting communications by rail, road, air or water; or (vi) encouraging or preaching disobedience to established law and its institutions; or (vii) collecting money or goods to carry out any one or more of the unlawful activities mentioned above…”
Naxalism in India
Chhattisgarh, Telangana, Andhra Pradesh, and Odisha have enacted Public Safety Acts for the effective prevention of unlawful activities.
Naxalite violence in India began in 1967 in Naxalbari, West Bengal, under the leadership of Charu Majumdar and Kanu Sanyal. Then West Bengal Chief Minister Siddhartha Shankar Ray largely crushed the movement with stringent police action. Urban Naxalism started in the 1980s when Naxalism began taking root in educational centres, and by 2004, it had transformed into an intellectual war.
In 2004, the CPI (Maoist) was formed through the merger of the CPI (Marxist-Leninist) People’s War Group (PWG) and the Maoist Communist Centre. The CPI(M) supported a violent ideology aimed at overthrowing the democratically elected parliamentary system in India. Their strategy included recruiting people into the People’s Liberation Guerrilla Army (PLGA), seizing various areas of the country to gradually encircle urban centres, and organising certain targeted segments of the urban population.
They also recruited professionals, raised funds for rebellion, and created urban shelters for underground workers, known as ‘front organisations’ in urban areas.
The supporters of Naxalism consider the ideas of Chinese communist leader Mao Tse Tung as their ideal. The influence of Naxalite groups began to increase rapidly in many parts of central India, including states like Jharkhand, West Bengal, Odisha, Bihar, Chhattisgarh, and Andhra Pradesh.
The term “urban Naxal” was first used in Maharashtra to describe anti-establishment protesters and other dissenters amidst action against leftists and other liberals involved in Elgar Parishad case.
Organisations supporting ‘Urban Naxalism’ are active in several cities including Delhi, Mumbai, Kolkata, Chandigarh, Ranchi, Hyderabad, Visakhapatnam, Madurai, Thiruvananthapuram, Nagpur and Pune.