NEW DELHI: The controversial Public Safety and Control of Anti-Social Activities Act in West Bengal, commonly referred to as the ‘Goonda Bill’, officially came into force after midnight on Monday.
This legislation grants the ruling BJP government extensive powers, including preventive detention, property confiscation, and the ability to remove suspected troublemakers from designated areas. While the government asserts that the law aims to address organised crime and anti-social activities, critics from the Opposition label it as draconian, raising concerns about potential misuse.
The West Bengal Assembly approved the Bill on June 29, and it quickly received the Governor’s assent thereafter. With the notification now active, state authorities are set to implement its provisions.
The government contends that this law is crucial for enhancing public safety, upholding law and order, and dismantling organised criminal networks. It specifically targets illegal mining, unauthorised sand extraction, wildlife-related offenses, and other activities that threaten public peace and disrupt daily life.
Key Provisions and Criticism
One of the most contentious aspects of the law permits the government to enforce preventive detention for up to one year based on the belief that an individual’s activities pose a risk to public safety. This provision has attracted significant backlash from opposition parties and various civil society groups, which argue that it could enable the detention of political adversaries or dissenters without legal recourse. Despite the criticism, the BJP has dismissed such concerns, asserting that the law includes safeguards to prevent arbitrary actions.
According to the Act, each preventive detention order will be scrutinized by an advisory board led by a current or former judge of the Calcutta High Court, alongside two members eligible to serve as High Court judges. Detainees will have the right to present a defense during these reviews.
Government’s Defense of the Act
Chief Minister Suvendu Adhikari has previously defended the provisions, arguing that they are aimed at habitual offenders, not ordinary citizens. The legislation also grants the state authority to confiscate the property of individuals accused under the Act by invoking relevant sections of the Bharatiya Nyaya Sanhita (BNS), and includes the power to issue externment orders.
Additionally, district magistrates, police commissioners, and senior police officers can mandate an individual to leave a specific area or even an entire district for up to one year if deemed necessary to maintain public order. This law also enables police to restrict certain individuals from entering specific regions and offers legal protection to officials executing its measures.
“The people of West Bengal are agitated and tired of the hooliganism they have had to witness for so many years,
