Maharashtra Government, on Thursday, tabled the Maharashtra Special Public Security Bill-2024 to check the unlawful activities of the frontal organisations of Naxalites/Maoists ‘by effective legal means’. State Government found it ‘very difficult’ to secure conviction of activists of Maoists’ urban frontal organisation under the Unlawful Activities Prevention Act (UAPA), and hence it felt the need for the new law. The said Bill is drafted on the lines of the Public Security Act in Andhra Pradesh, Telangana, Chhattisgarh, and Odisha. The first such Act was passed in Andhra Pradesh in 1992, when Congress party was in power, to initiate stringent action against the Naxalites. When Telangana was carved out, it adopted the same law. In Chhattisgarh and Odisha, the Act was passed in 2005. Now, 32 years after the Public Security Act to check Naxalites was first passed in Andhra Pradesh, Maharashtra Government has tabled the Bill in Legislative Assembly.

 

Devendra Fadnavis, Deputy Chief Minister and Home Minister of Maharashtra, had told reporters during Winter Session of State Legislature at Nagpur in December 2023 that the State Government would bring the Bill soon. According to sources, there are 32 active frontal organisations of Maoists in Maharashtra, with more than a couple of hundred cadres. At least seven Central Committee members of the proscribed CPI (Maoist) were arrested or killed in encounter in Maharashtra. The menace of Naxalism/Maoism, referred to as Left Wing Extremism, is not restricted to remote, tribal-dominated, and forested areas only. It has spread to urban areas too, where the extremists operate through frontal organistions. As per the Statement of Objects with the Bill, “The spread of active frontal organisations of the naxal groups gives constant and effective support in terms of logistics and safe refuge to their armed cadres. The seized literature of naxals shows ‘safe houses’ and ‘urban dens’ of the Maoist network in the cities of Maharashtra.” Further, it states, the activities of Naxal organisations or similar organisations through their united front are creating unrest among common masses ‘to propagate their ideology of armed rebellion against the Constitutional mandate and disrupts public order in the State’. The Government intends to curb the unlawful activities of such frontal organisations ‘by effective legal means’.

 

“The existing laws are ineffective and inadequate to tackle this menace of Naxalism,” it was stated. The Union Home Ministry, in the guidelines for Security Related Expenditure to Naxal-affected States, has advised for enactment of legislation to tackle unlawful activities of Left Wing Extremists. The Bill defines ‘unlawful activity’ and ‘unlawful organisation’. As per the Bill, ‘unlawful activity’ means any action taken by an individual or organisation ‘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’. It adds several sub-clauses to it. The ‘unlawful organisation’ means any organisation indulging in or in pursuance of its objects ‘abets or assists or gives aid or encourages directly or indirectly through any medium, devices or otherwise, any unlawful activity’.

 

The Bill spells out ‘offence’ and punishment too. “Whoever is a member of an unlawful organisation or takes part in meetings or activities of any such organisation or contributes or receives or solicits any contribution, shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine up to Rs 3 lakh,” it reads. The punishment for non-member but aiding the unlawful organisation is two years’ imprisonment and fine up to Rs 2 lakh. Those committing or planning to commit any unlawful activity for unlawful organisation shall be liable for imprisonment extending up to seven years and fine up to Rs 5 lakh.

 

The Bill also has provisions for powers to notify and take possession of places used for the purpose of unlawful activities, powers to forfeit funds of an unlawful organisation. All offences under the proposed Act shall be ‘cognisable and non-bailable’, and shall be investigated by Police officer not below the rank of a Sub-Inspector. Importantly, realising that the frontal organisations of Maoists operate without registration and often change names in a bid to evade attention of security agencies, the Bill makes a provision regarding ‘existence of organisation’. This particular provision reads, “An organisation shall not be deemed to have ceased to exist by reason only of any formal act of dissolution or change of title by any oral or written declaration but shall be deemed to exist so long as such organisation or any member thereof is actually engaged in or continuing in any manner in any unlawful activity.”