Maharashtra: Fadnavis Re-Introduces Public Security Bill to Target ‘Urban Naxals'

New Delhi: Maharashtra chief minister Devendra Fadnavis re-introduced the Special Public Security Bill in the state assembly on Wednesday (December 18).

Former Maharashtra chief minister Eknath Shinde had tabled this bill, titled 'Maharashtra Special Public Security Act, 2024', in the state assembly on July 11, 2024. Critics, activists and lawyers had flagged that several sections of the Bill were either vague or gave sweeping powers to the state. The Bill wasn’t passed at the time. 

On Wednesday, Fadnavis said that the bill would be sent to a joint select committee and stakeholders’ views will be considered. The Bill would be cleared in the next monsoon session of the Maharashtra assembly in July next year, he added.

'Close down dens of urban Naxals'

"Naxalism is not restricted to remote rural parts alone, but frontal organisations have come up in urban areas as well which work towards creating distrust about the country and its institutions," Fadnavis said.

"Even the anti-Naxal squads in Maharashtra wanted such a law to stop the activities of urban Naxals. This proposed law is not aimed at suppressing genuine dissenting voices, but to close down the dens of urban Naxals," he added.

In response to Congress leader Nana Patole’s question on the need of having a separate Bill when existing laws have provisions to combat Naxalism, Fadnavis said that Maharashtra did not have a law to tackle Naxalism. "We have IPC (Indian Penal Code) and UAPA (Unlawful Activities (Prevention) Act). UAPA is for handling cases related to terror activities," he added.

Citing the example of Chhattisgarh, Telangana, Andhra Pradesh and Odisha, Fadnavis said that the states have enacted Public Security Acts and banned 48 frontal organisations.

Provisions of the Bill

Indulging in or propagating acts of violence, vandalism or other acts generating fear and apprehension in the public have been described as unlawful activities in the Bill. Indulging in or encouraging use of firearms, explosives or other devices, encouraging or preaching disobedience to established law and its institutions is also an unlawful activity, it said. 

The provisions of the Bill include:

• Imprisonment of seven years and a fine up to Rs 5 lakh for commitment or abetment of such unlawful activities 
• Imprisonment for 3 years and fine up to Rs 3 lakh for members of such unlawful organisations 
• Non-members who contribute to such activities will be punished with 2 years’ imprisonment and fined up to Rs 2 lakh
• Individuals who assist such unlawful organisations will be jailed for 3 years and fined up to Rs 3 lakh.
• All offences under the proposed act will be cognisable and non-bailable. 
• The offences will be investigated by a police officer not below the rank of a sub-inspector. 

The Bill also proposes the constitution of an advisory board that will determine whether an organisation is unlawful. The board will submit a report to the state government within three months.

Opposition to the Bill

The Bill had received significant criticism when it was first introduced in July this year.

“This is an anti-people Bill. If the opposition does not stop it, the Bill must be fought on the streets. Maharashtra Special Public Security Bill will turn Maharashtra into a police state and outlaw dissent as well as protestors as urban Naxals,” Tushar Gandhi, the great-grandson of Mahatma Gandhi had said.

Calling it a draconian, anti-constitutional law, activist Teesta Setalvad had said, “ Maharashtra follows Jammu & Kashmir, Chhattisgarh and Odisha to table a third and draconian law avowedly to tackle ‘urban Naxals’ not a legally defined but a politically stigmatising term used by proto-fascist forces to criminalise protest and dissent, jail writers, academics, activists, opposition leaders, etc.”

The Bill has vague and broad definitions of unlawful activity, Setalvad added.

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