Controversy has started as soon as the new Goonda Suppression Act is implemented in West Bengal.
There is intense political and legal debate regarding the new Goonda Suppression Act implemented in West Bengal. Its formal name is West Bengal Public Safety and Control of Anti-Social Activities Act, 2026. In common parlance, it is being called Goonda Suppression Act or Anti-Goonda Act. The stated purpose of the law is to prevent organized crime. The government argues that strict action is necessary against syndicates, extortion, illegal mining, illegal business, violent gangs and those who cause damage to public property.
As soon as this law came into force, a public interest litigation was also filed against it in the Calcutta High Court. In the petition it has been described as oppressive and anti-constitutional. Come, on this pretext, let us know how strict is the new Goonda Suppression Act implemented in West Bengal? What are the main provisions in this? What are the arguments of the petitioner?
When did the Goonda Suppression Act come into force?
The West Bengal Assembly has passed this law at the end of June 2026. After this, it was made effective in the entire state from July 13, 2026. On the day the law came into force, some people approached the High Court to challenge it. The petition demands a ban on the operation of the law. However, the Calcutta High Court refused to hear the case immediately. The court said that the petition will be heard as per the prescribed procedure and list. This means that there is currently no judicial ban on the law.
Who is this law against?
- The target of the law has been said to be those people who are continuously involved in anti-social activities. People working alone can also come here.
- Members of gangs, gangs or syndicates can also come under its purview. People who help in crime, provide money or facilitate the planning of crime can also come under investigation.
- The law is not limited only to the person who commits the crime. Action is also possible against the person who instigates the crime.
What can be considered anti-social activity?
In the context of law, the scope of anti-social activity is quite wide. This may include creating an atmosphere of fear in an area. Endangering people’s safety will also be considered serious. Disturbing public peace can also become a ground for action. Forcibly stopping a person from his legitimate business, employment or profession can also come under the law. The case of illegally removing someone from his land, house or property can also be added to this. Damage to government or private property is also at the center of the law. It can be used in cases like violent demonstrations, riots, vandalism and arson. Strict action has also been claimed against illegal mining, sand smuggling, theft of forest wealth and organized economic crimes.
Detention without trial for one year
The most talked about provision of this law is preventive detention. This means a person can be detained even before a crime has been committed. If the administration feels that a person may do serious anti-social activity in the future, then action can be taken against him. Under the law, a person can be detained for a maximum of 12 months. During this period, it is not necessary to have an immediate trial like a regular criminal case.
This provision has become the subject of most controversy. The government says that it is not enough to stop serious and organized crimes only after the incident. Prevention is important before crime occurs. Critics say that keeping someone in custody for a long time on the basis of apprehension can be a threat to civil liberties.
Which officer has the right to take action?
District Magistrate, Police Commissioner and DIG level officers can initiate action under the law. If the concerned officer feels that the presence of a person may disturb the peace, then an order can be given against him. Here the opinion of the officer becomes important. For this reason the fear of misuse of the law is being expressed. The question of critics is that what would be the basis for considering a person as dangerous or anti-social? Will police records alone suffice? Will old cases also be counted?
power to exclude from a district or area
The law also includes a provision for externalization. This means that a person can be ordered to stay out of his district, city or a particular area. This order can be for a maximum period of one year. Such a person can be stopped from going to the concerned area. He may have to give information about his activities to the police or competent authority. If necessary, he may have to attend the police station or any office regularly. This provision is being considered useful for administration. Its objective is to remove gangs or local bullies from the area of their influence. Critics say that removing a person from his home, work and family is a very serious action.
Possible confiscation of property of those who take law into their own hands
The provision for confiscation of property in the law is also important. If a person has made assets from organized crime or anti-social activity, the administration can initiate the process of confiscating that asset. There is also a provision for recovering compensation from those who cause damage to public and private property, that is, the loss caused by vandalism, arson or violence can be compensated from the accused. In some cases, the loss amount can also be recovered by confiscating the property and selling it. The government says that this provision is a strong message for violent mobs and vandals. On the other hand, legal experts are concerned that there should be adequate opportunity for fair investigation and hearing before confiscation of property.
VIDEO | Kolkata, West Bengal: After 15 years of TMC’s “goonda raj”, the Anti-Social Activities Act was much needed, says CM Suvendu Adhikari. pic.twitter.com/vmPNZtwzSk
— Press Trust of India (@PTI_News) July 13, 2026
Bail and arrest provisions
Reports say that some offenses under the law may be cognizable and non-bailable. In cognizable offences, the police have the right to arrest without warrant. Bail is not automatically granted in non-bailable offences. Court permission is required. This may speed up police action, but it may also affect the rights of the accused. Therefore, there is a demand for transparency and accountability in the use of law.
There is also a provision to form an advisory board in the law.
There is a provision to form an advisory board to review cases of preventive detention. The board will look into every custody case within the stipulated time. A person who is or has been a High Court judge can be included in the board. The job of the board will be to see whether it is necessary to continue the detention or not? If the board does not find sufficient grounds, the door may open for the person’s release. This is being considered a security provision of the law. But there is also criticism that the person in custody will not be normally allowed to have his personal lawyer before the board. The Board may make exceptions in certain circumstances. Such decision will have to be recorded in writing.
Calcutta High Court.
What is the basis of the petition in the High Court?
In the PIL filed in the Calcutta High Court, the law has been described as harsh. Advocate Sabyasachi Chattopadhyay, appearing for petitioner Milan Malakar, argues that the law can be used against political opponents, agitators, student organizations or common citizens. It has been said in the petition that the broad language of the law increases the possibility of arbitrary action. Questions have been raised on provisions like detention without trial for one year, ban on private lawyers and confiscation of property. The court has given permission to file the petition. However, immediate relief has not been given. Now the constitutional validity of the law can be debated in the further hearing.
In short, the Goonda Suppression Act of West Bengal is more stringent than the general criminal laws. This includes provisions like preventive detention for one year, order to oust them from the area, power to arrest without warrant, confiscation of property and recovery of compensation. For law supporters, this is a strong weapon to control crime. For critics, this is a civil rights challenge. Now everyone’s eyes will be on the hearing of Calcutta High Court. The court’s stance will be important in determining the future of this law and the limits of its use.
Also read: How is the vacant seat filled on the death of a senator in America?
