AN ANALYSIS OF THE MAHARASTHRA CONTROL OF ORGANIZED CRIME ACT, 1999

Abstract

Maharashtra Control of Organized Crimes Act, 1999 (MCOCA) is a law enacted by Maharashtra state in India in 1999 to combat organized crime and terrorism. “Terrorism”, internationally has proved impossible to define in a manner that is widely acceptable. The legitimate and modern states have been under constant threat due to the activities of the terrorist group. From 1980s India is facing the menace of terrorism in different pockets of the country especially in the states of Jammu and Kashmir and Punjab, insurgent activities in the north-eastern States and continuous naxalite attacks in Bihar and Orissa. The uniqueness of terrorism lies in the continuous changes that terrorist make in their mode operations and multitude of methods they use in carrying out their activities. Terrorist activities have become brutal, with terrorist organizations also having access to the technological advancements.

The major cause behind the terrorism activities can be considered as unemployment due to which the terrorist groups lure the young generation by providing hoard of easy money. In return, the youngsters have to spread hatred, and indulge in bloodbath and killings on the street. Poverty stricken young people belonging to poor socio-economic background are the ultimate target of these organisations, as they get easily influenced to do their bidding in return of easy money.

Economic causes too contribute to terrorism in India. These include rural unemployment, exploitation of landless labourers by those who own land and lack of land reforms. The major states affected by such causes include Madhya Pradesh, Bihar, Orissa and Andhra Pradesh. The absence of land reforms, rural unemployment, exploitation of landless labourers by land owners, economic grievances and perceptions of gross social injustice in these states have given rise to ideological terrorist groups such as the various Marxist/Maoist groups waging a war against the respective state government.

Thirdly, religious causes too lead to terrorism in India. Punjab witnessed the growth of terrorism when certain organisations of Sikhs led by Jarnail Singh Bhindranwale raised the demand for Khalistan, an independent state for Sikhs. Some elements belonging to different organisations shifted to terrorism for the creation of a separate state known as Khalistan for the Sikhs. Similarly, Jammu & Kashmir has been reeling under religious extremism which seeks to appropriate all rights for Muslim majority.