MAHARASHTRA SPECIAL PUBLIC SECURITY BILL (Syllabus: GS Paper 3 – Economy)

Context: The Maharashtra government has proposed a sweeping new law to deal with the “increasing presence of Naxalism in urban centres”.

Maharashtra Special Public Security (MSPC) Bill, 2024

• Power to Declare Unlawful Organisations: The Bill grants the government authority to declare any suspect “organisation” as an “unlawful organisation.”
• Four Punishable Offences:

o Being a member of an unlawful organisation.

o Raising funds for an unlawful organisation without being a member.

o Managing or assisting in managing an unlawful organisation.

o Committing an “unlawful activity.”

• Punishments and Fines: The offences carry jail terms of two to seven years and fines ranging from Rs 2 lakh to Rs 5 lakh, with the toughest punishment for committing an unlawful activity, which includes seven years imprisonment and a Rs 5 lakh fine.
• Cognizable and Non-bailable Offences: Offences under the proposed law are cognizable, allowing arrests without a warrant, and are non-bailable.

Differences Between Maharashtra Bill and UAPA

• Primary Use and Scope: The UAPA is India’s main anti-terror law, frequently applied in Naxalism-related cases, while the MSPC Bill is specific to Maharashtra.
• Authority to Designate Unlawful Associations: Both the UAPA and the MSPC Bill empower the state to designate associations as “unlawful associations.”
• Procedure for Declaration Confirmation: Under the UAPA, a Tribunal headed by a High Court judge confirms the declaration, whereas in the MSPC Bill, an advisory board consisting of three persons qualified to be High Court judges handles the confirmation process.