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Context:

The Maharashtra government introduced the Maharashtra Special Public Security Bill 2024 to combat the growing influence of Naxalism in urban areas.  

What are the key provisions of the proposed law?

The law gives the government the authority to declare any organisation as an "unlawful organisation" and criminalises four major offences:

• Being a member of an unlawful organization.
• Raising funds for an unlawful organization.
• Managing or assisting in managing an unlawful organization.
• Committing any unlawful activity linked to these organizations.

The punishment for these offences ranges from two to seven years in prison, as well as fines of up to Rs 5 lakh. These offences are cognisable, which means they can be arrested without a warrant, and they are not bailable.

How does the Maharashtra Bill differ from the UAPA?

Both the Maharashtra Special Public Security (MSPC) Bill and the Unlawful Activities (Prevention) Act (UAPA) allow the state to declare organisations illegal, but the Maharashtra Bill has a different procedure for confirming such declarations. 

The MSPC Bill uses a panel of judges to confirm the declaration, whereas the UAPA uses a High Court judge-led tribunal.

The Maharashtra Bill empowers district magistrates or police commissioners to sanction prosecutions, hence expediting the process, whereas UAPA requires approval from higher authorities.

What constitutes "unlawful activity" under the Maharashtra Bill?

The Bill defines "unlawful activity" in a broader and more inclusive way than the UAPA. It includes actions that disrupt public order, challenge legal authority, or encourage violence. 

The law punishes acts such as vandalism, creating public fear, and encouraging the use of weapons or explosives. It also includes actions that aim to promote disobedience to the law and the collection of funds for unlawful purposes.

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UAPA

UNLAWFUL ACTIVITIES (PREVENTION) ACT (UAPA)

Source: 

Indian Express