MAHARASHTRA BILL TO CURB URBAN NAXALISM

Why in the News?

The Maharashtra government has proposed a new bill to address the increasing presence of Naxalism in urban centers.
Introduced in the Assembly by Deputy Chief Minister, the bill aims to tackle the involvement of Naxal front organizations in urban areas, which existing laws have been deemed ineffective against.

Key Provisions of the Proposed Law

The bill empowers the government to declare any organization as “unlawful.”
It outlines four main offenses: membership, fundraising, managing, and committing unlawful activities.
Penalties range from two to seven years of imprisonment and fines between Rs 2 lakh to Rs 5 lakh.
Offenses under the bill are cognizable and non-bailable, allowing arrests without a warrant.

Source: NWU

Comparison with UAPA

The Unlawful Activities (Prevention) Act (UAPA) also designates unlawful associations but requires confirmation by a

Tribunal headed by a High Court judge.

The Maharashtra Bill has an advisory board of qualified judges for the confirmation process.

Unlike the UAPA, the Maharashtra Bill allows district magistrates or police commissioners to grant prosecution permissions, speeding up the process.

Understanding Unlawful Activities Prevention Act (UAPA) 1967

Overview

Enacted to impose restrictions on fundamental freedoms under Article 19(1) of the Constitution, such as speech and assembly.
Became India’s primary anti-terror law after the repeal of TADA and POTA due to legal challenges.

Key Provisions

Defines “unlawful activities” and “terrorist acts,” punishing their commission, funding, and support.
Allows designation of organizations as “unlawful associations” engaging in activities threatening India’s sovereignty.
Covers actions intending or supporting secession or disaffection against India.

Recent Amendments and Scope

Amendments in 2004 expanded to include ‘terrorist activities,’ leading to bans on outfits like LeT and JeM.
2019 amendment empowers Home Ministry to designate individuals as terrorists.
Applies nationwide to all citizens, regardless of where crimes are committed, and extends to persons on Indian vessels or aircraft.

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