Maharashtra’s New Security Bill Targeting Urban Naxalism Sparks Outcry Among Civil Rights Activists

The Maharashtra Special Public Security Bill tabled during the last session of the state legislature before assembly polls has drawn strong criticism from several civil society organisations in the state.

Prominent civil rights activists like Tushar Gandhi and others have alleged that the definition of ‘unlawful activity’ in the bill is vague and have pointed out that no definition has been provided for the word ‘menace'.

Fearing that a lack of clarity on such aspects might lead to its misuse by the police, Tushar Gandhi, Mahatma Gandhi’s great grandson, has said that "the bill must be fought on streets".

In an interview to The Hindu, activist Gandhi said, “This is an anti-people bill. It will turn Maharashtra into a ‘police state’ and outlaw dissent as well as protestors as urban naxals".

Finding the existing laws ineffective and inadequate to tackle the problem of Maoist ideology propagated through the frontal organisations in the urban areas, the Mahayuti-led state government tabled the bill in the state assembly on Thursday (11 July).

The bill proposes punishment not only to the individuals who are members of the organisation which can be declared by the state government as ‘unlawful', but also for those who are found to be related to the organisation and its members and are seen to have helped in its anti-state activities.

“The activities of naxal organisations through their united front are directed towards creating unrest among common masses to propagate their ideology of armed rebellIon against the constitutional mandate and disrupt public order in the state.

“The seized literature of naxals has pointed out the existence of ‘safe houses’ and ‘urban dens’ of the Maoist network in the cities of the state of Maharashtra,” said Deputy Chief Minister Devendra Fadnavis, who also holds the charge of the state’s Home Department.

“In the absence of a similar law in the state of Maharashtra, such (unlawful) organisations have been found to be active. The government therefore considers it expedient to enact a special law.”

Some of the measures included in the bill with an aim to uproot naxalism are:

— The state government will be empowered to declare an organisation ‘unlawful’ if it is found to be assisting or propagating naxalism in any way. This shall be done through issuing a notification in the Official Gazette.

— The bill once passed will also enable the state government to appoint an advisory board which will review the organisation deemed ‘unlawful’ and suggest the government on the bill’s implementation.

— The bill proposes jail term even if a person is “not… a member of an unlawful organisation”, but “contributes/receives/solicits any contribution or aid” or “harbours” its member, as well as for those who “promote or assist in promoting a meeting” of such groups.

— In terms of punishing the individuals involved in propagating Maoist ideology, the bill proposes a three-year imprisonment and a fine of Rs 3 lakh for those involved in the running of the ‘unlawful’ organisation and the same for those who assist in organising programmes for such organisations.

— For those who are not the members of such an organisation but are found to have aided or contributed towards their ‘unlawful’ activities or harbouring members of such organisations, the bill proposes an imprisonment of two years and a fine of Rs 2 lakh.

— In case an individual who is part of the organisation declared ‘unlawful’ and is found to have committed or planned to commit any unlawful activity, the bill proposes an imprisonment of seven years and a fine of Rs 5 lakh.