Harsh laws, like Bengal’s new public safety laws, cannot replace good policing
More than 100 years ago, Bengal introduced India’s first law against “goondas”, or criminals. It allowed people to be locked up for long periods without a trial. But that law was made by the British to help them control India. So why does Bengal’s elected government now want similar powers?
On Monday, the state assembly passed two new laws — the ‘West Bengal Public Safety and Control of Anti-Social Activities Bill, 2026’, and the ‘West Bengal Maintenance of Public Order (Amendment) Bill, 2026’. The chief minister says they will be used carefully. Even so, many people worry they could be misused against political rivals, activists and others who speak out against the government. That is not good for a democracy.
Other states, such as Uttar Pradesh, Maharashtra and Gujarat, already have similar anti-goonda laws. Their experience should make Bengal think twice. The biggest problem is that there is no clear definition of who is a ‘goonda’ or an ‘anti-social’ person. Officials get a lot of freedom to decide. In April, the Allahabad High Court pointed out that even people with only one or two criminal cases have sometimes been called habitual offenders.
The powers given by these laws are worrying too. A person can be forced to leave their home district or be kept in detention for up to a year without a trial. The law can even limit their choice of lawyer. In a democracy, these are serious warning signs.
A law that can remove someone from public life for a year could also be used against people who have done nothing wrong, such as labour activists or environmental campaigners. Yet India is using preventive detention more and more to deal with law and order. This raises another question: does it show a lack of confidence in the police? After all, many other democracies maintain peace without giving governments such sweeping powers.
The real answer is not giving the government more power over a few people. It is making sure the law is enforced fairly for everyone. Bengal’s government has a strong public mandate. Instead of relying on harsh laws, it should focus on making ordinary policing work better.
Disclaimer
Views expressed above are the author’s own.
