Maharashtra Special Public Security Bill, 2024

Why in the News?

Recently the Maharashtra Assembly passed the Maharashtra Special Public Security Bill, 2024, aimed at preventing “unlawful activities of Left-Wing Extremist organisations or similar groups”.

Key features of the bill

• The Bill defines certain activities by an individual or an organisation as unlawful. 
• Unlawful Activities mentioned in the bill - Any action or speech that constitutes
  • Danger to public order,
  • Incites violence,
  • Disrupts communication, or
  • Encourages disobedience to established law and its institutions.
• Advisory Board - The Bill constitutes an Advisory Board to examine the decision to designate an organisation as unlawful. 
• The designation comes into effect only after approval from the Board.
• Offences under the Bill - Being a member of an unlawful organisation, attending its activities, promoting its meetings, managing its affairs, or planning or committing unlawful activities. 
• Contributing or soliciting contributions as a non-member will also be punishable.
• Penalties and Enforcement - Offences are cognisable and non-bailable, with jail terms of 2–7 years and fines up to Rs.5 lakh.
• Forfeiting properties - Authorities can seize and forfeit properties and funds linked to unlawful groups, sometimes before trial, with limited judicial oversight.
• Administrative Powers - District magistrates and police commissioners can notify, evict, and seize assets tied to banned organisations.
• The Bill allows for expedited prosecution, bypassing higher-level approval for certain actions.

• Concerns – Broad and Stringent Provisions – The bill’s wide definitions could target legitimate dissent, student groups, and protest movements.
• Civil society and opposition parties argue it risks misuse, bypasses judicial safeguards, and duplicates existing laws like UAPA and MCOCA.
• Ambiguity and Potential for Misuse - Ambiguous definitions of “unlawful activity” and “extremist organisation” may lead to arbitrary enforcement.
• Concerns persist over civil liberties, freedom of association, and the potential chilling effect on democratic expression.
• Balancing Security and Rights – The Bill aims to address urban extremism but must ensure safeguards to prevent overreach and protect democratic freedoms, reflecting ongoing debates seen in other states.

Reference

The Hindu| Maharashtra Special Public Security Bill, 2024