The Ministry of Home Affairs has decided to extend the Border Security Force's (BSF) jurisdiction from 15 km to 50 km inside the international border along Punjab, West Bengal and Assam. The decision has been taken to “improve operational efficiency” and “crack down on smuggling rackets”.
The Ministry in a gazette notification issued on October 11, 2021 stated that it was amending an earlier 2014 notification on BSF's jurisdiction to exercise its powers in states where it guards the international border. BSF's jurisdiction has now been expanded by 35 km in Punjab, Assam and West Bengal and cut short by 30 km in Gujarat.
The Ministry stated that BSF's new jurisdiction includes the whole of the area in states of Manipur, Tripura, Mizoram, Meghalaya, Nagaland and Union Territories of Jammu and Kashmir and Ladakh and area comprised within a belt of fifty kilometers in the states of Rajasthan, Gujarat, Punjab, West Bengal and Assam, running along the borders of India.
What does this mean?
The Border Security Force (BSF) can now conduct searches, make seizures and arrest suspects in the area of its jurisdiction.
Why has BSF's jurisdiction been expanded?
The changes in BSF's jurisdiction have been made under the Border Security Force Act of 1968, after suggestions from the force. The main aim behind the move is to keep BSF's operational jurisdiction uniform in these states.
Why are states of Punjab, Bengal calling it an intrusion on rights?
In Punjab, Assam and West Bengal, the BSF's jurisdiction has now been increased to up to 50 km inside the Indian territory from the international border. In Gujarat, it has been reduced to 50 km from earlier 80 km.
The move has triggered criticism from Opposition-ruled states of Punjab and West Bengal, which have described it as a “direct attack on federalism” and an attempt to “interfere through Central agencies”.
Punjab Chief Minister Charanjit Singh Channi tweeted, “I strongly condemn the GoI’s unilateral decision to give additional powers to BSF within 50 km belt running along the international borders, which is a direct attack on federalism. I urge the Union Home Minister @AmitShah to immediately rollback this irrational decision.”
Senior Congress leader Manish Tewari tweeted, "MHA Notification enhancing operational mandate of BSF,15 to 50 KM’s in Punjab, West Bengal &Assam transgresses upon Constitutional Public order & Policing remit of States Half of Punjab will now fall under BSF jurisdiction. Charanjit Channi must oppose it."
Tewari pointed out that Section 139 of the BSF Act suggests that BSF has the power to act unilaterally without taking local police into confidence. He tweeted, "Section 139 (ii ) gives sweeping powers of arrest to BSF. It has powers of preventive arrest under Section 139 (1) & post offence arrest under 139 ( ii). No mention of consultation with local police. Scheme of Act & it’s implementation regime needs to be studied."
Section 139 (i i ) gives sweeping powers of arrest to BSF. It has powers of preventive arrest under Section 139 (1) & post offence arrest under 139 ( i i). No mention of consultation with local police. Scheme of Act & it’s implementation regime needs to be studied@kbssidhu1961 pic.twitter.com/c4Q6e7pndi
— Manish Tewari (@ManishTewari) October 13, 2021
A Union Home Ministry official, however, rejected all the allegations and stated that the “sole aim of the notification is to improve the operational efficiency of the BSF and help them crackdown on smuggling rackets”.
Explaining why BSF’s jurisdiction was reduced in Gujarat, the official said that the BSF had 15 km of the jurisdiction in some states and 80 km in Gujarat so the idea was to make it uniform. The official stated that such a large operational area is not required in Gujarat since the border region guarded by the BSF is largely uninhabited with miles of Rann of Kutch.”
On the other hand, the official stated that Punjab has the problem of drugs and arms smuggling and Assam and West Bengal face new challenges in the form of cattle and fake currency smuggling and these borders are also prone to illegal migration.
What is Border Security Force?The Border Security Force (BSF) is a border guarding organisation of India, which is responsible for guarding India's border with Pakistan and Bangladesh. It is one of the five Central Armed Police Forces of India, which. The BSF was raised amid the Indo-Pakistan War of 1965 on December 1, 1965 to ensure the security of the borders of India. The BSF is termed as the first line of defence of Indian territories and is currently the world's largest border guarding force. |
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