The West Bengal Legislative Assembly on Monday passed a controversial bill that allows authorities to detain individuals for up to 12 months without trial for engaging in 'anti-social' activities. The bill, moved by Leader of Opposition Suvendu Adhikari, was passed amid strong protests from the ruling Trinamool Congress members, who termed it a 'draconian' measure.
Key Provisions of the Bill
The West Bengal Prevention of Anti-Social Activities Bill, 2026, empowers district magistrates and police commissioners to order preventive detention of any person 'acting in a manner prejudicial to the maintenance of public order.' The detention period can be extended up to 12 months, subject to review by an advisory board. The bill defines 'anti-social activity' broadly, including acts of violence, intimidation, and disruption of essential services.
According to the bill's statement of objects and reasons, the legislation aims to curb 'growing incidents of hooliganism, extortion, and communal violence' in the state. It cites the April 2025 Murshidabad violence, where a father-son duo, Haragobinda Das and Chandas Das, were killed, as a catalyst for the law.
Victims' Families Present in Assembly
During the passage of the bill, the families of Haragobinda Das and Chandas Das were present in the visitors' gallery. The two were allegedly killed by a mob during a clash in Murshidabad district in April 2025. Their presence was seen as a symbolic gesture by the opposition to highlight the need for stricter laws against anti-social elements.
Speaking on the bill, Adhikari said, 'This law is for the common people of Bengal who have suffered due to the failure of the state government to maintain law and order. We cannot allow anti-social elements to roam freely and terrorize citizens.' He accused the ruling party of protecting criminals for political gain.
Government's Response
The Trinamool Congress government opposed the bill, with Parliamentary Affairs Minister Sobhandeb Chattopadhyay calling it a 'violation of fundamental rights.' He argued that the bill bypasses the judiciary and could be misused to target political opponents. 'The Supreme Court has time and again struck down such preventive detention laws. This is nothing but a political stunt by the opposition,' Chattopadhyay said.
The bill was passed by voice vote, with the ruling party members walking out in protest. The legislation will now be sent to the governor for assent.
Legal and Political Implications
Legal experts have raised concerns about the bill's constitutionality. Senior advocate Bikash Ranjan Bhattacharya said, 'Preventive detention without trial for 12 months is excessive and goes against the principles of natural justice. The definition of 'anti-social activity' is too vague and could be abused.'
Political analysts view the bill as a move by the opposition BJP to corner the state government on law and order ahead of the 2027 assembly elections. The Murshidabad violence had sparked widespread criticism of the Mamata Banerjee administration's handling of communal tensions.
