On July 11, the Bharatiya Janata Party (BJP)-led MahaYuti government tabled the Maharashtra Special Public Security (MSPS) Act, 2024, aimed at curbing the ‘menace of Naxalism’ in urban areas.
The provisions of the proposed Bill, which allows the State to declare any organisation as ‘unlawful’ with offences categorised as cognisable and non-bailable, has raised concerns and is being dubbed the ‘urban naxal’ law
Concerns
In addition to the UAPA, the State also enforces the Maharashtra Control of Organised Crime Act, 1999 (MCOCA) to address perceived extreme situations involving individuals labelled as ‘urban Naxals’.
If the proposed legislation is passed, it would allow the State police and security agencies to arrest individuals without a warrant and often without informing them of the charges.
All offences under this Act would be cognisable and non-bailable.
Former Chief Minister Prithviraj Chavan has criticised the measure as ‘draconian,’ arguing that existing laws are sufficient to address the Naxal issue
Which other States have enacted laws to curb Naxalism in urban areas?
The Maoist-hit States of Andhra Pradesh, Telangana, Chhattisgarh and Odisha have already implemented Public Security Acts to prevent unlawful activities.
How different is it from the UAPA?
The Unlawful Activities (Prevention) Act, 1967 (UAPA) is invoked in cases related to Naxalism and terrorism.
This law empowers the state to classify organisations as ‘unlawful associations.’
Both the laws are almost the same.
However, in the MSPS Act, an advisory board of three persons who are or have been qualified to be appointed as judges of the High Court shall oversee the confirmation process, while under UAPA, a tribunal led by a High Court judge verifies the State’s declaration.
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