The decision of the BJP government in West Bengal to introduce two stringent bills — which dramatically expand the definition of “anti-social activity,” allow preventive detention for up to 12 months without trial, and permit the auctioning of an offender’s property to compensate for losses — aligns with the new administration’s tough stance on law and order. But the government should take care that its approach doesn’t shortchange the criminal justice system or due process. This newspaper reported last week
The decision of the BJP government in West Bengal to introduce two stringent bills — which dramatically expand the definition of “anti-social activity,” allow preventive detention for up to 12 months without trial, and permit the auctioning of an offender’s property to compensate for losses — aligns with the new administration’s tough stance on law and order. But the government should take care that its approach doesn’t shortchange the criminal justice system or due process. This newspaper reported last week that the bills — modelled on similar laws in Uttar Pradesh, Gujarat, Tamil Nadu and Maharashtra — seek to criminalise a gamut of behaviour that includes violent public protests. It comes after the BJP vowed to improve West Bengal’s law and order situation, which, under the previous Trinamool Congress regime, often allowed political colours to seep into administrative decision-making.
So far, so good. But the broad language of the bills runs the risk of criminalising dissent and genuine civic discontent. Two provisions stand out — one that allows a person to be held in detention without bail for a maximum of 12 months and another that proposes one or multiple three-member advisory boards, each headed by a serving or retired high court judge and two people qualified to be employed as high court judges, to review applications filed by the detainees. If the bills pass and the new law does not allow a lawyer to represent a detainee before a board unless permitted and keeps the proceedings confidential, it will only make the legal process opaque and unaccountable. Similar provisions in Tamil Nadu and UP have already attracted criticism for administrative overreach. The Bengal government must respect its impressive mandate and improve law and order without politicising the process. Bengal deserves better policing, freedom from local strongmen and eradication of sand and land mafias. But it also deserves transparency.
One Subscription.
Get 360° coverage—from daily headlines
to 100 year archives.
Archives
HT App & Website