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Polity & Governance
Mahesh

18/07/24 11:33 AM IST

Maharashtra’s Public Security Bill

In News
  • Recently,Bharatiya Janata Party (BJP)-led MahaYuti government tabled the Maharashtra Special Public Security (MSPS) Act, 2024, aimed at curbing the ‘menace of Naxalism’ in urban areas. 
Key provisions
  • The MSPS Act empowers the State to designate any suspected ‘organisation’ as an ‘unlawful organisation’ and outlines four offences for which a person may be penalised —
  • being a member of an unlawful organisation,
  • being a member and raises funds for an unlawful organisation or harbours any member of the unlawful organisation,
  • whoever manages or assists in the management of an unlawful organisation, or promotes or assists in promoting a meeting, and (iv) whoever commits or abets or attempts to commit or plans to commit any unlawful activity.
  • These offences carry sentences ranging from two to seven years, along with fines between ₹2 lakh and ₹5 lakh. 
MSPS v/s UAPA
  • The Unlawful Activities (Prevention) Act, 1967 (UAPA) is invoked in cases related to Naxalism and terrorism.
  • This law empowers the state to classify organisations as ‘unlawful associations.’
  • Both the laws are almost the same.
  • However, in the MSPS Act, an advisory board of three persons who are or have been qualified to be appointed as judges of the High Court shall oversee the confirmation process, while under UAPA, a tribunal led by a High Court judge verifies the State’s declaration. 
  • In addition to the UAPA, the State also enforces the Maharashtra Control of Organised Crime Act, 1999 (MCOCA) to address perceived extreme situations involving individuals labelled as ‘urban Naxals’.
  • If the proposed legislation is passed, it would allow the State police and security agencies to arrest individuals without a warrant and often without informing them of the charges. All offences under this Act would be cognisable and non-bailable. 
Source- The Hindu

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