Extension In BSF Territorial Jurisdiction Will Help Fend Off Anti National Forces, Curb Cattle Smuggling Menace: Centre In Lok Sabha

The Union Ministry of Home Affairs yesterday defended its decision to extend the jurisdiction of the Border Security Force ('BSF) in the states of West Bengal, Assam, and Punjab by informing the parliament that the move is aimed at dealing with emerging threats of drones and cattle smuggling.

It may be noted that Home Ministery's 2021 notification [October 11, 2021] amends the 2014 notification and extends the jurisdiction of the BSF up to 50 km inside the international borders in Punjab, West Bengal, and Assam.

Earlier, the BSF's powers were limited to up to 15 km in these states. The jurisdictional limit with respect to the state of Gujarat has been reduced from 80 km to 50 km.

Also Read: Explainer: Law On Border Security Force's Enhanced Powers In Border States

On Tuesday, responding to a starred question by BJP MP Varun Gandhi, the Minister of State for Home Affairs, Nityanand Rai by way of a written statement, made the following statement in the Lok Sabha:

"The extension in territorial jurisdiction of BSF in some States is aimed at empowering BSF to discharge its border guarding duties more effectively in the wake of use of technology like Dynamic Remotely Operated Navigation Equipment (Drones), Unmanned Aerial Vehicle (UAVs), etc. generally having long range, by anti-national forces for surveillance as well as for smuggling of arms, narcotics and fake Indian currency notes (FICN). It would also help in curbing the menace of cattle smuggling as smugglers take refuge in the interior areas outside the jurisdiction of BSF."

Gandhi had asked the Government as to what is the rationale for extending the jurisdiction of the Border Security Force (BSF) from 15 km to 50 km inside the international borders in Punjab, West Bengal and Assam by the Government Notification dated 11 October 2021.

The Ministry further told the Lok Sabha that as per the requirement u/s 139(3) of BSF Act, 1968, these notifications have been laid on the table of the Lok Sabha on November 30, 2021, and these notifications would be laid on the table of the Rajya Sabha on the day it is included in the list of business.

It may be noted that the Calcutta High Court recently issued notice on a Public Interest Litigation (PIL) petition challenging the Central government's power to decide the jurisdiction of the Border Security Force (BSF).

The petition challenges Section 139(1) of the Border Security Force Act, 1968 (BSF Act) for being ultra vires to the Constitution to the extent that it provides 'unbridled, unrestricted and arbitrary powers to the Central government for fixing the territorial jurisdiction of the BSF.

In related news, the West Bengal Legislative Assembly on November 16 passed a resolution demanding the withdrawal of the notification issued by the Union Ministry of Home Affairs extending the territorial jurisdiction of the BSF. The resolution was passed with 112 TMC MLAs voting for it and 63 BJP MLAs voting against it.

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