To take strict action against anti-social activities in West Bengal, ‘West Bengal Public Safety and Control of Anti-Social Activities Bill, 2026’ is being introduced in the state assembly. If everything goes as per plan, Chief Minister Subhendu Adhikari will present this bill in the Assembly on Monday. He had announced this in his speech during the budget session and accordingly, the law department has now prepared a strict new law. Since the Chief Minister also has the charge of the Law Department, this bill has been prepared under his direct supervision.
The bill, published in a special issue of the Kolkata Gazette on June 24, states that its objective is to ensure public safety, maintain law and order and establish strong control over organized anti-social activities. According to the bill, action can be taken against any person or group whose activities create fear, panic or insecurity among the public, disrupt public order, endanger life and property or obstruct lawful trade, business and professional activities. Illegal mining, sand extraction without permission and illegal activities related to forest resources or wildlife have also been brought under the definition of anti-social activities.
‘Preventive custody’ will be the most important provision of the bill
One of the most important provisions of this bill is ‘preventive detention’. If the State Government or any authorized officer believes that the activities of a person may pose a threat to public safety, an order of detention can be issued against that person. District Magistrates and Police Commissioners will also have the power to issue such orders in specific circumstances.
The detained person must be informed of the grounds of detention within a certain time limit and must be given an opportunity to present his case or be heard. However, authorities will have the right to withhold information deemed necessary to protect public interest.
Provision for formation of advisory board also
The Bill also provides for the constitution of one or more advisory boards by the state government to review detention orders. The Chairman of such a Board should be a person who has served as a High Court judge. In addition, there shall be two other members who are qualified to become Judges of the High Court. All relevant documents and records relating to the order of detention should be placed before the Board within three weeks of the detention. The Advisory Board will examine the propriety of the detention and give its opinion. If the board finds sufficient reason, the state government can continue the detention. If the Board concludes that there are no sufficient grounds for detention, the detained person should be immediately released.
The proceedings of the Advisory Board will generally remain confidential. Generally, the detained person will not have the right to present his case through a lawyer before the board. However, the board can give such permission in special cases.
What if a person runs away to avoid custody?
The bill also states that if a person absconds to avoid a detention order, special steps can be taken against him. The administration can issue proclamations through the courts, take action against the person’s property and direct the person to appear before the authorities. The law will also empower officers to search, seize and seize property, documents and other materials linked to anti-social activities. The State Government or authorized officer may issue directions regarding the custody, release or disposal of seized property.
Most importantly, Section 19 of the Bill provides that offenses punishable under this Act, as well as contravention of legal orders issued under it, will be cognizable and non-bailable offences. This will give wide powers to law enforcement agencies.
It is necessary to bring a new law
In the ‘Statement of Objects and Reasons’ accompanying the bill, the state government has said that anti-social activities carried out by certain sections of the society pose a serious threat to the life and property of common citizens. According to the government, existing laws have often proved inadequate or ineffective in dealing with such activities, hence it has become necessary to bring a new law. The government believes that this bill will play an important role in curbing anti-social forces, stopping conspiratorial and illegal activities and ensuring public safety.
This bill is currently in the process of being presented in the Assembly. If this becomes law, it is expected to prove to be an important new legal framework to maintain law and order and ensure public safety in West Bengal.
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