This Isn’t Tough Love

Draconian laws, like Bengal’s public safety and public order bills, are no substitute for good policing

Bengal birthed India’s first anti-goonda law, with long preventive detention and other draconian measures, more than a century ago. But that was to strengthen colonial rule. Why does its new govt need to arm itself with such powers now? West Bengal Public Safety and Control of Anti-Social Activities Bill, 2026, and West Bengal Maintenance of Public Order (Amendment) Bill, 2026, sailed through the state legislature on Monday. And despite the CM’s assurances, they come with potential to be misused against political opponents, activists, etc. That’s to say, both laws cast a shadow on the spirit of democracy.

Truth is, other Indian states like UP, Maharashtra and Gujarat already have their anti-goonda laws, and their experience should have made Bengal wary. Who is a ‘goonda’ or anti-social person? The determination is highly discretionary. At times, a person with just one or two criminal cases is labelled a habitual offender, Allahabad HC noted in April. What happens after that is even more troubling. The state can order you out of your home district, or detain you for a year without trial. It can even curb your choice of legal counsel. These should be red flags in a democracy.

Any law that can remove and silence an inconvenient person for a year – it could be a labour activist, or an environmental campaigner – has no place in a democracy. Yet, use of preventive detention, as a law and order measure, continues growing in India. This does not build confidence in Indian police forces’ capabilities. After all, how do other countries keep the peace without such sweeping powers? What’s needed isn’t unbridled control over some, but strict enforcement of rules for all. With its massive mandate, Bengal’s new govt is well placed to make regular policing work. It should focus on that.