GS 3 – Internal security 

Context: The Maharashtra Special Public Security Act (MSPC) Bill aims to deal with Naxalism in cities by declaring certain groups unlawful and targeting activities that disturb public order.

Reasons for the MSPC Bill

• Urban Naxal Growth: Naxal groups are expanding into cities using front organizations.
• Weak Existing Laws: Current laws like UAPA are seen as inadequate for handling urban Naxal activities.
• Examples from Other States: The bill is inspired by similar laws in Chhattisgarh, Telangana, Andhra Pradesh, and Odisha.

Key Provisions of the Bill

• Unlawful Organizations: The government can declare any organization unlawful.
• Main Offences:

• • Membership: Being part of an unlawful organization.
  • Fundraising: Collecting money for unlawful groups.
  • Management Assistance: Helping manage unlawful organizations.
  • Unlawful Activities: Engaging in violence or disturbing public order.

• Penalties: Imprisonment for 2 to 7 years and fines up to Rs 5 lakh.
• Cognizable and Non-Bailable: Arrests can be made without a warrant.

Comparison with UAPA (Unlawful Activities Prevention Act)

Similarities:

• • Both allow the government to declare organizations unlawful.
  • Both impose heavy penalties for involvement in unlawful activities.

Differences:

• • Unlawful Organizations: UAPA uses a High Court Tribunal to confirm unlawful organizations, while MSPC uses an advisory board of judges.
  • Prosecution Process: UAPA requires government approval for prosecution, while MSPC allows quicker prosecution by local authorities to avoid delays.
  • Definition of ‘Unlawful Activity’: MSPC defines unlawful activity more broadly, including actions that disrupt public order.
  • Sanction for Prosecution: Under MSPC, district magistrates or police commissioners can approve prosecution, speeding up the process.

Analyze the challenges posed by urban Naxalism to national security and the effectiveness of existing laws in addressing it.