The Maharashtra Legislature enacted the Maharashtra Special Public Security Bill to enable the effective prevention of specific unlawful actions

Main Provisions of the Legislation

Proclamation of Groups as 'Illegitimate': The State Government holds the authority to prohibit groups it considers illegitimate without informing the public or following due process protections.

Criminalization of Expression: Section 2(f) makes illegal any speech, gestures, or signs that “are likely to disrupt public order or create worry.

Unlimited Ban Extension: Once an organization is banned, it can be permanently prohibited as there is no deadline for a review.

No Jurisdiction for Lower Courts: Lower courts are barred from hearing cases under this Act, complicating legal challenges.

Protection for Officials: Legal immunity is granted to government officials who act in ‘good faith’.

Worries and Disapproval

Ambiguous Definitions: Terms such as ‘unlawful activity’ and ‘public order’ lack clarity and contravene the principles established in Shreya Singhal v. Union of India (2015), compromising Article 14 and Article 19 of the constitution.

Due Process Shortcomings: Arrest and seizure authorities may act based on mere suspicion, lacking adequate procedural protections and facing slow appeal processes in the High Court.

Violation of Property Rights: Clauses 9–10 permit forcible appropriation of property without advance judicial approval or remuneration, compromising Article 300A.

Curbing Opposition: Peaceful demonstrations, agricultural associations, student groups, and civil liberties organizations could be pursued.

What does the Naxalite Movement entail?

– Origin: The Naxalite movement started in 1967 in Naxalbari, West Bengal, as a militant leftist revolt advocating for the rights of tribal and landless populations.

– Geographic Expansion: The insurgency extended throughout the so-called Red Corridor, encompassing regions of Chhattisgarh, Jharkhand, Odisha, Maharashtra, West Bengal, Andhra Pradesh, Telangana, Madhya Pradesh, and Kerala.

– Strategy used: Naxalites utilize guerrilla tactics, aim at state institutions, exploit local communities, and frequently enlist children.

They assert they advocate for marginalized communities yet turn to violent tactics.