Maharashtra Passes Special Public Security Bill 2024
The Maharashtra Legislative Assembly recently passed the Special Public Security Bill, 2024. The Bill targets left-wing extremist organisations and aims to curb unlawful activities linked to them. It introduces strict measures including criminalising various acts and imposing severe penalties. The Bill now moves to the Legislative Council before receiving the Governor’s assent to become law.
Background and Legislative Journey
The Bill was first introduced in July 2024 but lapsed due to state elections. It was reintroduced in December after clearance by a joint committee. The Bill’s objective is to counter the threat posed by Naxalism in Maharashtra. It marks the existence of urban safe houses and logistical support to armed cadres. The government can declare organisations unlawful under this law, similar to the Unlawful Activities Prevention Act, 1967.
Definition of Unlawful Activities
The Bill broadly defines unlawful activities. These include disrupting public order, obstructing law enforcement, intimidating public servants, promoting violence or vandalism, encouraging disobedience of law, and using firearms or explosives. It also covers disruption of communication by any mode of transport. The wide scope raises concerns about potential misuse against legitimate dissent.
Penalties and Legal Provisions
Punishments range from two to seven years imprisonment plus fines. Offences include membership in unlawful organisations, fundraising, managing such groups, or committing unlawful acts. These offences are cognisable and non-bailable, allowing arrests without warrants. The Bill also allows pre-trial property forfeiture linked to unlawful activities, including eviction from premises used by such organisations.
Property Forfeiture and Safeguards
Authorities can seize properties suspected of being used for unlawful purposes after a 15-day notice. Provisions exist to protect women and children during eviction. Affected parties can appeal to the High Court within 30 days. This pre-trial forfeiture is stricter than usual criminal laws and resembles provisions in the Prevention of Money Laundering Act.
Concerns and Comparisons with Other Laws
The Bill’s vague terms like practising disobedience risk criminalising protests and dissent. Supreme Court rulings, such as the Kedar Nath Singh case, require incitement to violence for sedition charges, a threshold absent here. Compared to the Unlawful Activities Prevention Act and PMLA, the Maharashtra Bill has broader definitions and fewer safeguards. Ordinary criminal laws uphold presumption of innocence; special laws dilute this but must balance rights and security.
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