Maharashtra’s Special Public Security Bill, 2024

The Maharashtra Assembly has recently passed the Special Public Security Bill, 2024, aimed at combating “urban Maoism” and left-wing extremism in the state. The Bill criminalizes activities such as disturbing public order and encouraging disobedience to the law. It also introduces the controversial provision of property forfeiture even before a conviction, leading to concerns about the potential for police misuse and vague legal definitions.

Understanding Urban Maoism

Urban Maoism refers to the tactics used by the CPI (Maoist) to expand its influence in urban settings by engaging students, intellectuals, professionals, and religious minorities. Unlike rural Maoist insurgents who engage in direct armed combat, these urban supporters contribute in non-violent ways, including:

• Creating NGOs

• Organizing protests

• Running media campaigns

• Infiltrating political and civil society organisations

The goal is to weaken the state from within, without resorting to arms. These supporters are often not armed insurgents but are accused of aiding the Maoist movement through intellectual, financial, or logistical support, including media campaigns, legal defense, and resource mobilization.

Key Document: STIR

The 2004 document titled “Strategies and Tactics of Indian Revolution” (STIR) guides the activities of the CPI (Maoist). It contains instructions on:

• Building urban support networks to aid the armed struggle in rural areas.

• Mobilizing intellectuals, students, minorities, and other groups by exploiting victimhood narratives.

• Infiltrating political parties and civil society organisations with the goal of creating secret alliances.

The strategy aims to form an underground support structure in cities while maintaining complete secrecy.

Real-World Examples and Allegations

• Elgar Parishad Case (2018): A number of intellectuals, activists, and civil society leaders were arrested in connection with alleged Maoist links after violence erupted during the Bhima Koregaon event in Maharashtra.

• Popular Front of India (PFI): There have been official communications and investigations that reveal links between Maoists and organisations like PFI, which allegedly support Maoist activities in cities.

Challenges in Combating Urban Maoism

1. Expansion Beyond Forest Areas: While traditional Maoist activities have been centered in rural and forested regions like Chhattisgarh and Jharkhand, urban networks are now helping sustain the insurgency.

2. Disruption of Law and Order: Urban Maoists are alleged to use peaceful protests, NGOs, and legal platforms to challenge state policy, undermining law enforcement and public order.

3. Difficult to Identify: Unlike armed insurgents, urban Maoists don’t carry weapons. They operate under legal covers such as academia, activism, or journalism, making identification and legal action difficult.

A New Kind of Warfare: Fifth Generation Warfare (5GW)

• Urban Naxalism is often described as Naxalism without guns. Instead of using weapons, it relies on propaganda, protests, and alliances to destabilize the state.

• This form of warfare is classified as Fifth Generation Warfare (5GW), where the battlefield includes media, public opinion, and political influence—all designed to influence and manipulate public perception and state authority.

Maharashtra’s Special Public Security Bill: Background and Purpose

• First Introduced: The Bill was first introduced in July 2024, but it lapsed due to state elections. It was reintroduced in December 2024 after clearance from a joint committee.

• Primary Aim: The Bill is designed to counter the growing threat of naxalism and urban Maoist networks that undermine the state's authority.

• The Bill empowers the government to declare certain organizations as “unlawful” and penalize individuals who are associated with such organizations.

• It is modeled after the UAPA (Unlawful Activities Prevention Act), but it expands its focus to urban Maoist networks operating within cities.

Key Provisions of the Bill

1. Definition of Unlawful Activities:

   • The Bill defines unlawful activities broadly, including acts that disrupt public order, engage in violence, encourage disobedience to the law, or aid extremist organizations.

2. Penalties:

   • The Bill prescribes 2–7 years' imprisonment and fines for membership, fundraising, or managing unlawful organizations.

   • Offences are cognizable, meaning police can arrest without a warrant, and non-bailable, meaning individuals cannot easily secure bail.

3. Property Forfeiture:

   • One of the most controversial provisions is the forfeiture of property linked to unlawful organizations, even before trial. The government can issue a 15-day notice of forfeiture, and affected parties can challenge the decision in the High Court within 30 days.

4. Advisory Board:

   • An Advisory Board consisting of three High Court-qualified persons must confirm the unlawful status of organizations before they are declared unlawful.

Key Concerns and Criticisms

1. Vague Definitions:

   • The Bill uses vague terms like “practising disobedience” and “disrupting communication,” leading to fears that it could be used to criminalize legitimate protests and dissent. Critics argue that these terms are open to interpretation and could be used to target activists or ordinary citizens.

2. Pre-Trial Property Forfeiture:

   • Unlike the UAPA and PMLA (Prevention of Money Laundering Act), the Maharashtra Bill allows property forfeiture without waiting for a conviction. Critics argue that this provision violates the presumption of innocence and could be misused to target individuals or organizations without due process.

3. Potential for Police Misuse:

   • There are concerns that the law may be used to target dissenters or critics of the government under the guise of combating urban Maoism, leading to misuse of power by law enforcement agencies.

4. Dilution of Constitutional Protections:

   • Critics believe that provisions like pre-trial property attachment and the non-bailable nature of offences could undermine constitutional rights and liberties, particularly those related to freedom of speech, expression, and assembly.

Conclusion and Way Forward

The Maharashtra Special Public Security Bill, 2024, aims to combat the growing threat of urban Maoism and left-wing extremism in the state. However, its broad and vague provisions have raised concerns over potential misuse and violation of individual rights.