Why in News?

• On 11 October 2021, the Ministry of Home Affairs (MHA) through a Gazette Notification, modified the areas of jurisdiction for the Border Security Force (BSF) to exercise its powers in the states bordering Pakistan, Bangladesh and Myanmar.

Notification

• BSF’s new jurisdiction now comprises “the whole of the area in the States of Manipur, Mizoram, Tripura, Nagaland and Meghalaya and Union Territories of Jammu and Kashmir (J & K) and Ladakh and so much of the area within a belt of 50 kilometers in the States of Gujarat, Rajasthan, Punjab, West Bengal and Assam, running along the borders of India”.

Reasons for Jurisdictional Changes

• National security concerns triggered the MHA to take the decision.
• Taking over of Afghanistan by the Taliban has emboldened anti-India elements in the Af-Pak region, as a result India might witness heightened incidents of cross-border terrorism in future.
• The concomitant rise in terrorist attacks in J & K as well as an increase in the incidents of arms being dropped by Pakistani drones in Punjab has reinforced the concerns.
• Concerns regarding illegal migration, cattle smuggling, trafficking in person and narcotics and smuggling of fake Indian currency notes (FICN) along the Bangladesh border continue to persist.

BSF’s Response

• BSF said, “The amendment will aid the border guarding force in effectively curbing trans-border crimes and the new amendment brings in ‘uniformity’ for its operations in the border states of Punjab, West Bengal, Gujarat, Rajasthan and Assam where it can now operate within a 50 kms area from the border”.

Changes Made in the BSF’s Power

• Its jurisdiction has been extended only in respect of the powers it enjoys under Criminal Procedure Code (CrPC), Passport (Entry into India) Act, 1920 and the Passport Act, 1967. BSF currently has powers to arrest and search under these laws.
• It also has powers to arrest, search and seize under the NDPS Act, Arms Act, Customs Act and certain other laws. Its jurisdiction under these laws has not been changed, i.e. its powers under these will continue to be only up to 15 km inside the border in Punjab, Assam and West Bengal, and will remain as far as 80 km in Gujarat.

Why and when BSF got these powers

• In 1969, the BSF first got powers to arrest and search under the CrPC with respect to certain laws such as the Foreigners Act, The Passport Act, forex laws and Customs Act.
• At that time, border areas were sparsely populated and there were hardly any police stations for miles. To prevent trans-border crimes, it was felt necessary that BSF is given powers to arrest.

Reaction to the Changes

• Assam government has welcomed the decision and expressed confidence that in coordination with the state police, the amendment will help defeat cross-border smuggling and illegal migration.
• Punjab and West Bengal governments have termed it “a direct attack on federalism” and “an infringement on the rights of the state”.

How will it be implemented?

• Until now, state police and border forces have been working in tandem with minor, occasional differences. Now, with the issue taking political colour, implementation could be tricky if there are difficulties in coordination in future.

Way Forward

• Emphasis must be laid on sensitising the personnel on the local customs, traditions and languages so that the BSF can initiate a dialogue with the border inhabitants and encourage them to support the efforts of the force in making the
  border areas secure and peaceful.
• The union government, should formulate guidelines for the operationalisation of the notification.
• It should also establish structures such as district and state coordination committees and appoint nodal officers to achieve better synergy among all the agencies concerned.