KOLKATA: The West Bengal government has introduced the West Bengal Public Safety and Control of Anti-Social Activities Bill, 2026 in the State Assembly, proposing sweeping powers to curb organised crime and maintain public order. The legislation seeks to strengthen the state’s ability to act against individuals identified as habitual offenders or anti-social elements, while simultaneously raising concerns among legal experts and opposition leaders over the scope of executive authority and the potential impact on civil liberties.
District Ban and Externment Powers
One of the Bill’s key provisions authorises district magistrates, police commissioners, or police officers of at least Deputy Inspector General (DIG) rank, if empowered by the state government, to issue externment orders against individuals believed to be involved in anti-social activities.
Under the proposed law, authorities may prohibit such individuals from entering a specified area, district, or multiple districts for a period of up to one year. Those served with such orders may also be directed to leave the notified area within a specified time and regularly report their movements to designated authorities during the restriction period.
Preventive Detention Without Trial
The Bill also contains a preventive detention provision that allows authorities to detain individuals for as long as 12 months without a criminal trial if they are considered a threat to public safety or public order.
This provision has drawn comparisons with the provisions of the National Security Act (NSA), 1980, under which preventive detention is permitted in specific circumstances. Similar to the NSA, the proposed Bengal law aims to prevent anticipated criminal activities rather than punish offences after conviction.
Expanded Definition of ‘Goonda’ and Anti-Social Activities
The legislation broadens the definition of both “goonda” and “anti-social activity.”
According to the draft Bill, anti-social activities include acts that directly or indirectly create fear, insecurity, danger, or widespread threats to life and property. It also seeks to cover organised criminal conduct and activities that disturb public order.
The wider definition is intended to provide law enforcement agencies with greater flexibility in identifying and acting against individuals considered habitual offenders or members of organised criminal networks.
Police Powers Strengthened
The proposed law designates offences under the Bill as cognisable and non-bailable, enabling police to arrest suspects without a warrant. It also grants law enforcement agencies enhanced powers to conduct searches, seize property linked to offences, and make arrests during investigations.
Additionally, the Bill criminalises the act of sheltering or assisting individuals against whom detention or externment orders have already been issued.
Debate Over Civil Liberties
While the state government has argued that the legislation is necessary to combat organised crime and maintain public order, critics have questioned the extensive powers vested in executive authorities.
Concerns have centred on the preventive detention clause, the absence of a criminal trial before detention, and the possibility of misuse of externment provisions. Legal observers have also pointed to the need for adequate safeguards to ensure that extraordinary powers are exercised fairly and in accordance with constitutional principles.
Legislative Significance
The proposed legislation represents one of the most significant expansions of executive authority in West Bengal’s law enforcement framework in recent years. If enacted, it would provide authorities with preventive tools aimed at tackling organised crime before offences occur, while likely inviting close legal and political scrutiny over the balance between public security and individual rights.
The Bill is expected to generate extensive debate both inside the Assembly and beyond, as policymakers, legal experts, and civil society groups assess its implications for governance, policing, and constitutional freedoms.
West Bengal’s proposed Anti-Goonda Bill reflects the government’s push to strengthen preventive policing against organised crime. However, provisions allowing detention without trial for up to one year and broad powers to restrict movement are likely to trigger constitutional and legal scrutiny.
The legislation highlights the continuing challenge of balancing public security with individual freedoms, making judicial oversight and safeguards crucial if the law is enacted.
