Mumbai: It has come to the fore that the much-debated Maharashtra Special Public Security Act, 2024, was notified in December 2025 without much public attention after receiving the Presidential assent; meaning it has already come into effect, however, its rules are yet to be framed.
Government cites urban naxalism, critics call it anti-democratic
The legislation, which was passed by the state legislature in July, grants extensive powers to the government to curb citizen unrest, citing concerns over urban naxalism. Despite strong opposition from political parties and civil society organisations, the state government, led by the BJP, proceeded with the law, arguing that existing legislations such as the Maharashtra Control of Organised Crime Act and Unlawful Activities (Prevention) Act were insufficient to address urban Naxal networks.
The Public Security Act aims to prevent unlawful activities by individuals or organisations deemed a threat to public order and security. These activities broadly include threats to public peace, incitement to violence or vandalism, disruption of transport and communication systems, encouraging disobedience to the law, and raising funds for such purposes. The scope of the Act extends to speech, writing, and actions in support of such activities. It also empowers the government to attach properties and assets of organisations found in violation of its provisions.
Government can attach properties of violating organisations
Under the Act, the state government can declare any organisation unlawful. However, such a decision must be referred to a government-appointed advisory board for review and the ban comes into effect only after its approval. The Act also criminalises membership of a banned organisation, participation in its meetings, promotion of its activities, fundraising, or any form of assistance.
Punishments can extend up to seven years’ imprisonment for serious offences. Opposition parties and several organisations have expressed concern over the potential misuse of the law, arguing that it could be used to target dissent and activists. Some critics have described the legislation as unconstitutional and anti-democratic.
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