Explained: Controversy around new powers for BSF in border states

The expansion in Border Security Force’s (BSF) jurisdiction in three states bordering Pakistan and Bangladesh has triggered a controversy with Punjab Chief Minister Charanjit Singh Channi terming the Centre’s decision as a “direct attack” on federalism.

According to a Ministry of Home Affairs (MHA) order, BSF officers will now have the power to arrest, search, and of seizure to the extent of 50 km from the earlier range of 15 km inside Punjab, West Bengal and Assam.  The ruling Trinamool Congress in West Bengal said the order was an “infringement” on the rights of the state and an attack on the federal structure of the country.

The MHA claims the order was prompted by attempts to smuggle weapons into India and to curb threats to national security in 10 states and two Union Territories.

The Centre has granted the additional powers to BSF under the the Code of Criminal Procedure (CrPC), the Passport Act, and the Passport (Entry to India) Act by amending the BSF Act. In addition to this, BSF will also be able to search and arrest in Nagaland, Mizoram, Tripura, Manipur, and Ladakh.

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However, the jurisdiction of BSF in Gujarat has been reduced from 80 km to 50 km, while in Rajasthan the range has been retained at 50 km.

The BSF operates in accordance with its internal security duties in Meghalaya, Nagaland, Mizoram, Tripura, and Manipur, Jammu & Kashmir, and Ladakh.

Under Section 139 of the Border Security Force Act, 1968, the Centre can notify from time to time the area and extent of operation of the paramilitary force.

Channi who had met Union Home Minister Amit Shah to demand sealing of Punjab’s border with Pakistan to stop weapons and narcotics trafficking said he strongly condemned the government’s “unilateral decision to give additional powers to BSF within 50 km belt running along the international borders.”

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Channi’s deputy and Punjab Home Minister Sukhjinder Randhawa said the powers granted to BSF were “an infringement on the federal structure and will create an atmosphere of fear in Punjab.”

However, former Punjab Chief Minister Captain Amarinder Singh welcomed the Centre’s decision and tweeted, “BSF’s enhanced presence and powers will only make us stronger. Let’s not drag central armed forces into politics.”

Assam Chief Minister Himanta Biswa Sarma approved of the decision, saying it will “serve as a strong deterrent for defeating cross border smuggling and illegal infiltration.”