Why BSF jurisdiction extension has triggered a political row

Terming the move as an 'attack on federalism', the two non-BJP-ruled states West Bengal and Punjab have strongly opposed the amendment

To curb crime along the international border, the Border Security Force (BSF) forces can now carry out searches and make arrests within a 50 kilometres stretch into Punjab, West Bengal and Assam, which share international borders with Pakistan and Bangladesh.

The power extending the BSF jurisdiction came into force after the Ministry of Home Affairs amended the BSF Act, 1968, which came into effect on October 11. Earlier, these limits were fixed to 80 kms in case of Gujarat and 50 kms in the case of Rajasthan and 15 kms in Punjab, West Bengal and Assam. In Gujarat, which shares a border with Pakistan, the same limit has been reduced from 80 kms to 50 kms while in Rajasthan the limit has been kept unchanged at 50 kms.

Also read: Government empowers BSF to execute search, arrest in larger areas in Punjab, West Bengal, Assam

How does the amendment empowers BSF forces?

With this notification, the 2.65-lakh personnel paramilitary force can now execute the powers of search and seizure, within a 50 kilometres stretch into Punjab, West Bengal and Assam, for the purpose of prevention of any offence punishable under the Passport Act, the Registration of Foreigners Act, the Central Excises and Salt Act, the Foreigners Act, the Foreign Exchange Management Act, the Customs Act or of any cognisable offence punishable under any other Central Act.

The new amendment in the BSF Act will also allow the force to apprehend any person who has committed offences under these laws.

What are the Opposition parties saying?

The Centre's move to empower BSF forces, however, has triggered a political row with the ruling Opposition parties in Punjab and West Bengal dubbing it as an "attack on federalism" and an "attack on federal structure of India". Several political party leaders have questioned the intent of the BJP-led Centre behind the move.

Alleging it is an "infringement" on the rights of the state, West Bengal and Punjab have demanded its withdrawal. "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 the federalism..." tweeted Punjab Chief Minister Charanjit Singh Channi urging immediate rollback of the "irrational decision".

Also Read — 'Attack on federalism': Punjab CM Channi wants Centre to roll back BSF jurisdiction order

In Bengal, the TMC has claimed the decision was taken without consulting the West Bengal government. "We oppose this decision. This is an infringement on the rights of the state. What was the sudden need to enhance the BSF's jurisdiction without informing the state government?" TMC spokesperson Kunal Ghosh asked.

Why are Opposition parties opposing the move?

While the MHA claims that this decision has been taken to curb illegal activities linked to national security in 10 states and two Union Territories, states fear that it might raise administrative issues between police forces and the border security personnel. "If the BSF has to conduct any search, they can always do it along with the state police. This has been the practice for years. It is an attack on the federal structure," Ghosh added.

Senior TMC MP Sougata Roy alleged that the BSF doesn't have a "good track record on human rights" in border villages.

"It's a very politically sensitive move. The main aim of BSF is to guard borders and stop infiltration. Recent cases have shown they have not been able to guard the delineated line," a senior police official was quoted as saying in a report by the NDTV. The official added that this may also lead to an increase in BSF's confrontations with local police and villagers.

"Their operational duties are around Border Outposts but with these new powers they would also operate well within jurisdictions of some states," the official added.

What did the BSF say about the amendment?

BSF officials said the amendment will help them in effectively curbing trans-border crimes and the new amendment brings in "uniformity" for its operations in the borders states of Punjab, West Bengal, Gujarat, Rajasthan and Assam.

"The amendment effected on October 11 establishes uniformity in defining the area within which Border Security Force can operate as per its charter of duties and execution of its role and task of border guarding in its areas of deployment. This will also enable improved operational effectiveness in curbing trans-border crime and to an extent of 50 kms from the international boundary within the states of states of Gujarat, Rajasthan, Punjab, West Bengal and Assam, running along the borders of India," the BSF said in a statement.

A senior BSF officer told the publication that with the new rules in place if the force gets any intel, they would not have to wait for the local police's response and they would be able to take preventive action well in time.

What did the earlier rule say?

The earlier notification of July 3, 2014, outlined the BSF’s jurisdiction as “whole of the area comprised in the States of Manipur, Mizoram, Tripura, Nagaland and Meghalaya and so much of the area comprised within a belt of 80 kilometers in the State of Gujarat, 50 kilometers in the State of Rajasthan and 15 kilometers in the States of Punjab, West Bengal and Assam, running along the borders of India”.

Under Section 139 of the BSF Act, the central government has the authority to notify the area and extent of operation of the BSF from time to time.

The BSF personnel will continue to invoke these powers in the "whole of the area" comprised in the states of Manipur, Mizoram, Tripura, Nagaland and Meghalaya and Union Territories of Jammu and Kashmir and Ladakh.

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