NEW DELHI: The Maharashtra Special Public Safety Act 2024 is intended to curb the threat of Naxalism and its supporters in urban areas.
In India, the elderly used to say, “You never know in what guise you might meet God.” However, in recent years, family members, friends, or government officials have started advising, “Be careful, you never know in what guise you might meet a Maoist Naxalite.”
Indeed, over the three decades from the 1970s onwards, a large number of Naxalites engaged in violent activities in various states were arrested, surrendered, or were killed in encounters. But still, in twenty to thirty districts of the country, especially in dense forests and tribal areas, some Naxalite groups armed with guns and ammunition are active. The police and paramilitary forces of the states are working to control them, but more dangerous than them are the urban Naxalites or the educated white-collar individuals who directly or indirectly support the armed violent Naxalites. The state and central governments have been troubled by their activities because it has been difficult to find evidence of their encouragement of violence and to take legal action against them.
To address this issue, the Maharashtra government presented a bill in the Assembly last week aimed at preventing unlawful activities by individuals and organizations. Named the “Maharashtra Special Public Safety Act 2024,” the legal provisions of this bill are intended to curb the threat of Naxalism and its supporters in urban areas. Chhattisgarh, Telangana, Andhra Pradesh, and Odisha have enacted Public Safety Acts for the effective prevention of unlawful activities. This law considers involvement in or promotion of violence, brutality, or other acts that create fear and apprehension among the public as unlawful activities. It states that involvement in or encouragement of the use of firearms, explosives, or other devices, promoting or encouraging disobedience to established law and its institutions, is also an unlawful activity. An unlawful organization is one that is directly or indirectly involved in, stakes, aids, assists, or encourages any unlawful activity. Joining an unlawful organization will result in three to seven years of imprisonment and a fine ranging from Rs 3 to 5 lakh. An advisory board will determine whether there are sufficient grounds to declare an organization unlawful and will submit a report to the government within three months.
Under this act, all offences will be cognizable and non-bailable. Deputy Chief Minister Devendra Fadnavis, who also handles the Home Department, has stated that the threat of Naxalism is not limited to remote rural areas but is also increasing in urban areas through Naxalite organizations.
Seized literature and other materials from Naxalites indicate that they have many secret hideouts in urban areas. Those who provide their homes for these Naxalites to stay in are propagating Naxalite ideology on social media and among the public, thereby igniting armed rebellion against the government, which is against the nation. Chhattisgarh, Telangana, Andhra Pradesh, and Odisha have already banned 48 such organizations. The bill presented by the government clearly states that if any member of a banned organization participates in or assists with any meeting or assembly of such an organization by any means, they could face up to three years in prison and a fine of up to Rs 3 lakh. The state government will form an advisory committee to identify such organizations. Once this law is enacted, the police can enter any premises based on suspicion and seize literature promoting Naxalite ideology. There is also a provision to seize the property of urban Naxalites. Orders to ban such organizations will be given to their officials or posted outside their offices, and in the absence of an office, these notices will be published in newspapers.
The advisory board set up by the government will include a retired judge of the High Court. Providing financial assistance to any banned organization or its members will also lead to imprisonment. No organization can evade this by changing its name, as it will remain banned as long as it engages in such activities.
Maharashtra Chief Minister Eknath Shinde has said, “Naxalites are not just in Gadchiroli. Urban Naxalites have infiltrated NGOs and have systematically spread false information against the government. Although not all NGOs are problematic, some are clearly anti-government. They actively spread lies about the government.”
Naxalite violence in India began in 1967 in Naxalbari, West Bengal, under the leadership of Charu Majumdar and Kanu Sanyal. The then Chief Minister of West Bengal, Siddhartha Shankar Ray, largely crushed the movement with stringent police action. Urban Naxalism started in the 1980s when Naxalism began taking root in educational centers, and by 2004, it had transformed into an intellectual war. In 2004, the CPI (Maoist) was formed through the merger of the CPI (Marxist-Leninist) People’s War Group (PWG) and the Maoist Communist Center. This organization supported a violent ideology aimed at overthrowing the democratically elected parliamentary system in India. Their strategy included recruiting people into the People’s Liberation Guerrilla Army (PLGA), seizing various areas of the country to gradually encircle urban centers, and organizing certain targeted segments of the urban population. They also recruited professionals, raised funds for rebellion, and created urban shelters for underground workers, known as ‘front organizations’ in urban areas.
These organizations include academics and activists, mostly working under human rights NGOs, who are systematically connected to the structure of the CPI (Maoist) party but maintain separate identities to avoid legal liability. The supporters of Naxalism consider the ideas of Chinese communist leader Mao Tse Tung as their ideal. This movement followed the policies of Chinese communist leader Mao Tse Tung and believed that government policies were responsible for the plight of Indian workers and farmers. Gradually, the influence of Naxalite groups began to increase rapidly in many parts of central India, including states like Jharkhand, West Bengal, Odisha, Bihar, Chhattisgarh, and Andhra Pradesh. This same Naxalism has corrupted the minds of the youth, as seen in institutions like JNU, Jadavpur, and Osmania University. The CPI (Maoist) party and all organizations associated with it are listed as terrorist organizations under the Unlawful Activities (Prevention) Act, 1967.
The term “Urban Naxal,” which came into prominence in 2018, was first used in Maharashtra to describe anti-establishment protesters and other dissenters amidst action against leftists and other liberals involved in the Elgar Parishad case. This case is one of two ongoing investigations related to the Bhima Koregaon violence on January 1, 2018. It is based on an FIR filed in Pune, alleging that banned Naxalite groups organized the Elgar Parishad on the evening of December 31, 2017, on the eve of the 200th anniversary of the Battle of Bhima Koregaon. The police claim that the speeches given at the Elgar Parishad were at least partially responsible for inciting violence the next day. Additionally, Pune police claim that during the investigation, they found material that provided clues about the operations of a large underground network of banned Naxalite groups.
According to classified reports, prominent organizations supporting “Urban Naxalism” are active in several cities including Delhi, Mumbai, Kolkata, Chandigarh, Ranchi, Hyderabad, Visakhapatnam, Madurai, Thiruvananthapuram, Nagpur, and Pune.
Urban Naxalism can also be defined as a conspiracy aimed at obstructing development projects in the Indian economy (such as dam construction, nuclear energy projects, etc.) by filing Public Interest Litigations (PILs) and other legal challenges. It involves interference with the country’s education system (for example, promoting Marxist ideology in textbooks, etc.), meddling in the country’s legal and judicial processes, and undermining its security apparatus. Additionally, it includes attacks on Hindu culture in the country (for instance, targeting Hindu festivals, customs, etc.).
The rise of Naxalism is also rooted in economic reasons. Naxals obstruct government development projects and the government machinery perceives them as terrorists. They raise arms when tribal areas are not developed and their rights are denied. They extort from people and run parallel courts. Due to the administration’s inability to reach, local people suffer from Naxal atrocities. Neglect of education and development has strengthened the alliance between locals and Naxals. It’s believed that local support was crucial to Naxals’ past success, which is dwindling now. Urban Naxalism is dangerous because it cannot be fought solely by our government and army but requires the entire nation’s effort.