Current Affairs 2021: Expansion in BSF jurisdiction and the way ahead

By Ankita Rawat

Union Government expanded the geographical limit of BSF which had repercussions on Union-State relations. Read here in detail about the effects of such expansion.

Ministry of Home Affairs (MHA) has modified the areas of authority for the Border Security Force (BSF) to operate its jurisdiction in the states bordering Bangladesh, Myanmar, and Pakistan. The Ministry of Home Affairs took this decision to increase national security, subsequently the current developments in Afghanistan. Concerns are raised that after the event of the Taliban taking over Afghanistan, it has stimulated anti-Indian principles in the Af-Pak region and India has high chances to witness situations of cross-border terrorism in the future. This decision is reinforced by the repeated rise in terrorist attacks in J&K and the hike in incidents of arms being dropped by Pakistan's drones in Punjab. Meanwhile, violations regarding cattle smuggling, illegal migration, narcotics, human trafficking, smuggling in fake Indian currency notes and the likes.

With respect to the new notification, the Ministry of Home Affairs had informed that the amendment will come into force on October 11, 2021. Moreover, the Border Security Force Act under Section 139 (3) need the Government to state the notification before both the Houses of Parliament within 30 days for the members to elevate a motion for modification, discussion or annulment of the notification. The notification can not be implemented if the amendment is not permitted by the Parliament. But, the Parliamentary Standing Committee on Home Affairs accepting the demands of the TMC members has given the approval to discuss this notification and further included it to the list of agenda.

Impact on Union-State relations

The Gazette Notification replaced a 2014 order under the BSF Act, 1968 that covers the States of Mizoram, Nagaland, Tripura, Manipur, Meghalaya. It also particularly mentioned Ladakh and J&K. BSF carry out the seizure and search operations related to the smuggling of prohibited items, narcotics, illegal entry of foreigners, and violations punishable under any Central Act among others.

Now, BSF officers have the power to arrest, attack, and search to a range of 50 km inside three new states sharing international boundaries with mentioned states. According to the Gazette Notification, the Border Security Force (BSF) authority now includes “the entire area in the States of Manipur, Tripura, Mizoram, Meghalaya, Nagaland, and Union Territories of J&K and Ladakh and enough area within a distance of 50 km in the States of Gujarat, Punjab, Rajasthan, Assam, and West Bengal, passing along the border of India. The new notification will help BSF officers to arrest and search over a wider area in Punjab, Assam, and West Bengal. Under the Passport Act, Code of Criminal Procedure (CrPC), and the Passport (Entry to India) Act, BSF will get the right to take this action. The Ministry of Home Affairs has permitted BSF to make arrests & raids within the area of 50 km inside Indian territory from the International Border along with India-- Bangladesh and India-Pakistan.

Along with this notification, the authority of BSF in Gujarat has been limited and the scope of the border is reduced from 80 km to 50 km to create uniformity, but in Rajasthan, the radius area is 50 km. The MHA has set no boundaries for five northeastern states of Mizoram, Nagaland, Meghalaya, and Tripura along with Ladakh and J&K. Government official said that BSF is deployed in internal security duties among these states & operate accordingly.