Extended Jurisdiction Of Bsf & Its Implications

On 14th October, 2021, the Union government amended a 2014 notification under the BSF Act 1968 related to the jurisdiction of the BSF to exercise its powers in states that touch the international border.

Major Points

  • The notification will allow the BSF, guarding the border, to execute the powers of search, seizure and arrest, for the purpose of prevention of any offence, punishable under the Passport Act, the Registration of Foreigners Act, the Central Excise and Salt Act, the Foreigners Act, the Foreign Exchange Management Act, the Customs Act, or for any cognisable offence, punishable under any other Central Act.
  • It authorises the force to undertake search, seizure and arrest within a larger 50 km stretch from the international border in Punjab, West Bengal and Assam.
  • Earlier, the limit was fixed to 80 km in the case of Gujarat and 15 km in Punjab, West Bengal and Assam.
  • While the limit has now been increased to 50 km along Punjab, West Bengal, and Assam, it has been reduced from 80 km to 50 km in Gujarat.
  • The current amendment also establishes uniformity in defining the area within which BSF can operate like for Rajasthan it was 50 km, which has been kept unchanged.

Rationale behind the Move: Increasing Illegal Activities along the Border

  • The extension of BSF operations was required due to use of advanced technologies in illegal activities from across the border.
  • In recent time there has been increasing instances of drones dropping weapons and drugs in Jammu and Kashmir and Punjab.
  • Further, there also has been increase in smuggling activities, drugs and human trafficking in the border areas.
  • The country has been facing the problem of infiltration of illegal migrants from the neighbouring countries, particularly Bangladesh, in Assam & West Bengal.
  • On the Punjab, Jammu & Kashmir borders, as also on the Gujarat border, there is problem of infiltration, besides terrorist attacks from the terrorist groups aided & abetted by Pakistan and smuggling of narcotics.

Significance

  • Improved Operational Effectiveness: This amendment will enable improved operational effectiveness in curbing trans-border crime, which includes smuggling of drugs, ammunition, busting the cattle smuggling and fake currency rackets, in the said states.
  • Ensuring Overall Policing: The move will help the troops in collecting intelligence inputs and empower them in ensuring overall policing.
  • Bringing Uniformity: It will give tactical advantage and will bring in "uniformity" for its operations in the border states of Punjab, West Bengal, Gujarat, Rajasthan and Assam.
  • Strengthen Law and Order: This is going to complement the efforts of the local police. It is an enabling provision. It’s not that the local police can’t act within the jurisdiction of the BSF.

Concerns

  • Threat to Federalism: Law and order is a state subject and enhancing BSF’s jurisdiction infringes upon powers of the state government. The decision is interference in the working and rights of the state governments.
  • Increase Tiff between Central and State Agencies: The move will lead to increased tiffs between central and state agencies. They will have influence over who to arrest at the Centre's behest.
  • Restraining Power of State Police: The BSF enhanced jurisdiction on the State territory may limit as well as restrain the power of State police.

Border Security Force has contributed immensely in safeguarding our borders along with the army and other para-military forces. Extending their jurisdiction was therefore essential to enable the force to operate more effectively in discharging its duties. Both the BSF and state police working in their jurisdiction can help to establish an effective law and order system in the country.

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