West Bengal Passes Public Safety and Public Order Bills

Why in News?

Recently, West Bengal Legislative Assembly has passed 2 controversial legislations.

West Bengal Public Safety and Control of Anti‑Social Activities Bill, 2026

• Preventive Detention – Authorities (such as District Magistrates or Police Commissioners) can detain individuals deemed desperate and dangerous to the community.
• Nature – It is about pre‑emptive action against individuals to maintain public safety.
• Similar in structure to laws like the National Security Act.

West Bengal Maintenance of Public Order (Amendment) Bill, 2026

• Provision – Mandates compensation for damage to public or private property during disturbances.
• Nature – It is about post‑incident responsibility, ensuring those who cause damage pay for it.

Key Provisions

• Preventive Detention – Detention up to 1 year without trial, for those generally reputed to be desperate and dangerous.
• District Magistrates/Commissioners of Police may issue detention orders valid for 15 days to continue beyond 15 days, the State Government must approve it.
• Grounds of detention – If a person is detained, the authorities must inform them of the reasons within 5 days.
• Disclosure of full details can be withheld if revealing them would harm public order, safety, or national security.
• Advisory Board – Preventive detention beyond 3 months requires review by an Advisory Board (as per Article 22) and the board must review cases within 3 weeks.
  • Composition – Chaired by a current/former High Court judge + two members qualified to be High Court judges.
  • Binding Decision – If the Board says detention is unjustified, the person must be released.
• Legal Representation – Section 10(4), restricts detainees from being represented by lawyers before the Advisory Board.
  • Exception – Only in rare cases, and reasons must be recorded in writing.
  • Implication – Limits detainees’ ability to defend themselves, raising concerns about fairness.
• Externment Clause – Authorities can ban re‑entry of detainees into specified areas for up to 1 year, to prevent repeat disturbances in sensitive areas.
• Similar provisions exist in Maharashtra and Gujarat laws.
• Compensation for Damage – Individuals convicted of damaging public/private property must pay compensation.

References

1. The Hindu | West Bengal Assembly Bill
2. NDTV | West Bengal Assembly Bill