Securing The State

Context: The Ministry of Home Affairs recently issued a notification extending the jurisdiction of the Border Security Force (BSF) from 15 km to a depth of 50 km along the international borders in three states — Punjab, Assam and West Bengal. This has led to a fresh round of controversy involving the Centre and states.

Rationale behind extension of jurisdiction of BSF: Changing threat perception

• Rising cross-border threats in Punjab in the context of recent developments in Af-Pak region.
  • Punjab seen several attempts to drop weapons from drones, seizure of 3,000 kg of heroin that originated from Afghanistan and the killing of five army personnel in Surankote (J&K).
• Huge demographic changes and associated challenges in West Bengal: Mainly on account of its leaders’ accommodative attitude towards illegal migrants.
• Assam faces multiple problems of ethnic insurgencies, smuggling, counterfeit currency, drug trafficking, etc.
• Questionable effectiveness of State security apparatus: Police across the country are in a state of atrophy and they need assistance of central armed police forces even for maintaining law and order.

Most criticisms of BSF jurisdiction extension are uncalled for

• State Police powers does not change: The jurisdiction of the state police has neither been curtailed nor its powers reduced in any manner.
  • BSF would, in any case, be handing over the accused together with seized contraband to local police. The power to register FIR and investigate the case remains with the state police.
• Only limited concurrent powers for BSF: As per BSF Act, BSF will also be exercising powers of search, seizure and arrest in respect of only the Passport Act 1967, Passport (Entry into India) Act 1920 and specified sections of the Criminal Procedure code — against those entering India illegally.
• Politically misleading: Comments such as half of Punjab will now fall under the BSF jurisdiction.
• Within constitutional scheme: India has a federation with a strong centralising tendency, within the scheme, Union may devise emergency regimes in its Constitution through legislation to override the exclusive autonomy of the states in respect of law and order and policy.

Conclusion: National security is a paramount consideration. It is unfortunate that the BSF is being dragged into political controversy when it would actually be over-stretching itself to strengthen national security.