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Context:

Maharashtra passes Maharashtra Special Public Security (MSPS) Bill to curb urban Maoist threats.

What is "Urban Maoism"?

"Urban Maoism," also called "Urban Naxalism," describes a new way extremist groups like the CPI (Maoist) operate. Traditionally, these groups use armed struggle in remote forests. But with urban Maoism, they try to spread their influence in cities, by involving students, highly educated people, and professionals.

They might create non-profit organizations (NGOs), use protests, or launch media campaigns to promote their ideas and even secretly join political or community groups.

The government is concerned because it believes these groups help armed Maoists by providing money, safe places, and spreading their ideology, which traditional laws do not effectively address.

What is the "STIR" document?

"STIR" stands for "Strategies and Tactics of Indian Revolution." It is a document from 2004 that acts as a guidebook for the CPI (Maoist). It requires their members to:

• Build city bases => Establishing a presence in urban areas to support their armed fight in rural regions.
• Encourage specific groups => Gain support from intellectuals, students, and minorities by making them feel like victims of society.
• Form secret partnerships => Encourage forming hidden alliances with political parties and other groups that oppose the government.
• Secretly join public groups => Advise members to infiltrate large community organizations while keeping their true goals hidden.

How does this Bill empower the government to act against "unlawful organizations"?

The Bill provides the government the power to declare any suspicious group an "unlawful organization." Once the government declares a group unlawful, it can punish individuals involved with it.

The Bill outlines four main offenses:

• If a person is part of a group the government has banned.
• Even if a person is not a member, they commit an offense if they collect funds for a banned group. For example, if a person organizes a concert to raise money that secretly goes to an unlawful organization, they commit this offense.
• If a person runs or helps operate a banned group. This could involve someone organizing meetings or handling communications for such a group.
• Committing an "unlawful activity" that threatens public order or interferes with law enforcement.

What does the Bill consider an "unlawful activity"?

The Bill defines "unlawful activity" very broadly, which includes any action, whether through physical acts, spoken words, written words, signs, or visible displays, that:

• Puts public safety, peace, and quiet in danger.
• Interferes with maintaining public order.
• Disrupts the administration of law or its institutions (like courts or police) and personnel.
• Aims to intimidate or overpower any government official using criminal force or the threat of it.
• Engaging in or promoting violence, property damage (vandalism), or other actions that create fear among the public. 
• Encouraging or teaching people to disobey established laws and government institutions. 
• Collecting money or goods to carry out any of these "unlawful activities."

What are the punishments for these offenses?

The punishments include jail sentences from two to seven years, plus fines ranging from Rs 2 lakh to Rs 5 lakh.  

Cognizable offenses => Police can arrest someone suspected of these crimes without needing a warrant.

Non-bailable offenses => It is generally difficult for someone arrested for these offenses to get released on bail, as a court must use its discretion.

Property Forfeiture => The government can seize properties linked to unlawful organizations even before a person receives a conviction. They must give a 15-day notice, and affected parties can challenge the seizure in the High Court within 30 days.

What are the main concerns about this Bill?

Vague definitions => Unlike other laws that are more specific, this Bill uses broad terms like "practising disobedience" or "disrupting communication." Critics concern these vague definitions could be used to criminalize peaceful and legitimate protests or dissent. For example, a group peacefully protesting a government policy might be accused of "disrupting communication" under this broad definition.

Pre-trial property seizure => While other laws only allow seizing property connected to terror or crime proceeds, this Bill allows the government to take someone's property even before a conviction. This lack of safeguard raises concerns that the government could misuse this power.

Risk to constitutional rights => Critics argue that the Bill weakens constitutional protections, such as the idea that a person is innocent until proven guilty. They stress it could be misused against activists or individuals who express differing opinions, and lead to unfair arrests and property seizures.

Source: 

INDIAN EXPRESS