Public Security Act/Bill
“Naxalism is not restricted to remote rural parts alone, but frontal organisations have come up in urban areas as well which work towards creating distrust about the country and its institutions,” Fadnavis said.
“Even the anti-Naxal squads in Maharashtra wanted such a law to stop the activities of urban Naxals. This proposed law is not aimed at suppressing genuine dissenting voices, but to close down the dens of urban Naxals,” he added.
In response to Congress leader Nana Patole’s question on the need of having a separate Bill when existing laws have provisions to combat Naxalism, Fadnavis said that Maharashtra did not have a law to tackle Naxalism. “We have IPC (Indian Penal Code) and UAPA (Unlawful Activities (Prevention) Act). UAPA is for handling cases related to terror activities,”
Calling it a draconian, anti-constitutional law, activist Teesta Setalvad had said, “ Maharashtra follows Jammu & Kashmir, Chhattisgarh and Odisha to table a third and draconian law avowedly to tackle ‘urban Naxals’ not a legally defined but a politically stigmatising term used by proto-fascist forces to criminalise protest and dissent, jail writers, academics, activists, opposition leaders, etc.”
In July, itself PUCL Maharashtra strongly objects to the repressive and unconstitutional Maharashtra
Special Public Security Bill 2024 ..the Bill, approved few days back by the Cabinet of the Eknath Shinde
Government, was drafted on the lines of the Chhattisgarh Vishesh Jan Suraksha Adhiniyam (2005)
(“Chhatisgarh Act”) and the Andhra Pradesh Special Public Security Act (1992). In the state of
Chhattisgarh, and Jammu and Kashmir - where similar law being the Jammu and Kashmir Public Safety
Act, 1978 was first introduced, it has received extensive criticism for being used to target journalists,
lawyers, environmental defenders, citizen activists and adivasi protestors who have dissented against
state action. A constitutional challenge to the Chhattisgarh Act is pending before the Hon’ble Supreme
Court.
Maharashtra Special Public Security Bill repressive, allows misuse: Civil society https://www.thehindu.com/news/national/maharashtra/maharashtra-special-public-security-bill-repressive-allows-misuse-civil-society/article68400402.ece July 14, 2024
Activists and lawyers have flagged seven sections of the proposed legislation, aimed at fighting Naxalism in the State, saying the Bill has far reaching consequences
At least seven sections of the Maharashtra Special Public Security Bill, 2024 are either vague or bypass courts or give overriding powers to the State machinery, which is far beyond the objective of curbing Naxalism that the ordinance is aimed at, said civil society members.
Maharashtra Public Security Bill aims to legitimise the criminalisation of dissenting citizens, human rights defenders and political opponents : PUCL https://www.groundxero.in/2024/07/14/21310/ 14.7.24
Citing ‘Naxalism in urban areas’, Maharashtra Govt tables Bill https://indianexpress.com/article/cities/mumbai/naxalism-in-urban-areas-maharashtra-govt-tables-bill-9447984/
The Bill grants the state the authority to declare an organisation as “unlawful” — a decision which can be reviewed by an advisory board set up by the state government.
the Maharashtra Special Public Security Bill, 2024, which 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.
The Bill defines an “unlawful activity” as one which constitutes a danger or menace to public order, peace and tranquility; interferes with maintenance of public order, “administration of law or its established institutions and personnel”; designed to show criminal force to any public servant; indulging in or propagating acts of violence, vandalism, use of firearms, explosives or disrupting communications by rail, road, air or water; “encouraging or preaching disobedience to established law and its institutions”; collecting money or goods to carry out unlawful activities.