The proposed West Bengal bill on preventive detention of anti-social individuals has been returned by President Droupadi Murmu following concerns raised by the Union government, which identified potential overlaps with the 1985 Narcotic Drugs and Psychotropic Substances Act.
The West Bengal Assembly had passed the Public Safety and Control of Anti-Social Activities Bill on June 30, sending it to President Droupadi Murmu for assent after the governor reserved it. However, the President has returned the bill following concerns raised by the Union government regarding potential conflicts with the 1985 Narcotic Drugs and Psychotropic Substances Act.
In its note while returning the draft legislation, the Union government identified a potential overlap between the bill's definition of 'goonda', which includes a person who commits, attempts to commit, abets, promotes, finances or facilitates offences punishable under the 1985 Act, and the preventive detention framework provided by the central 1988 Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act. The proposed legislation may create a parallel preventive-detention mechanism for drug-related activities, potentially leading to inconsistencies between state and central laws.
To avoid duplication, the Union government recommended deleting references to offences under the 1985 Act from the bill. Under the proposed legislation, the police would be able to conduct raids, seize property, and make arrests in cognizable and non-bailable offences related to 'anti-social' activities, which have been expanded to include organised extortion, obstruction of business, and other acts that create fear or insecurity among the public.
Several Opposition MLAs had raised concerns that the legislation could be used to curb peaceful protests and student movements. After facing criticism from the Opposition, Chief Minister Suvendu Adhikari assured that the legislation would not be used for political vendetta.
Source:
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