What does Maharashtra’s Public Security Bill stipulate?

What does Maharashtra’s Public Security Bill stipulate?

Sub: Polity

Sec: Legislation in news

Context:

• Maharashtra government had tabled the Maharashtra Special Public Security (MSPS) Act, 2024, aimed at curbing the ‘menace of Naxalism’ in urban areas.

More on the news?

• The provisions of the proposed Bill, which allows the State to declare any organization as ‘unlawful’ with offenses categorized as cognisable and non-bailable, has raised concerns and is being dubbed the ‘urban naxal’ law. 
• The Maoist-hit States of Andhra Pradesh, Telangana, Chhattisgarh and Odisha have already implemented Public Security Acts to prevent unlawful activities.

Why was the Bill proposed?

• The bill aims to curb Urban Maoism/Naxalism.
• The presence of, and activities carried out, by Naxalites or the CPI (Maoist), in urban areas are together termed as Urban Maoism/Naxalism.

What are key provisions of Maharashtra Special Public Security Bill, 2024?

• Declaration of Unlawful Organizations:
  • The Bill grants the state the authority to declare an organization as “unlawful” — a decision which can be reviewed by an advisory board set up by the state government.
• Definition of Unlawful Activities:
  • Activities which constitute a danger or menace to public order, peace and tranquility.
  • Interference with law administration and public servants.
  • Violence, vandalism, use of firearms, explosives, and disruption of transportation.
  • Encouraging disobedience to law and institutions.
  • Collecting funds or goods for unlawful activities.
• All offenses under the new bill  are cognizable and non-bailable:
  • All offenses under the new bill  will be cognizable and non-bailable, and will be investigated by a police officer not below the rank of a Sub-Inspector.
• Provision for punishment:
  • The offenses covered in the bill  carry sentences ranging from two to seven years, along with fines between ₹2 lakh and ₹5 lakh.
• Seizure and Forfeiture:
  • If an organization has been declared as unlawful, the District Magistrate or Commissioner of Police can notify and “take possession of” any place “used for its activities”.
  • Government can forfeit money and assets intended for unlawful organizations.
• Legal Review:
  • According to the Bill, an advisory board will be set up comprising three persons “who are or have been or qualified to be appointed as judge of the high court”.
  • Within six weeks of declaring an organization as unlawful, the government will have to make a reference to the board, which will then have to submit a report within three months after going through the evidence placed before it and hearing the persons involved in the organization.

How is the MPSS Bill different  from the UAPA?

• 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.
• 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.