LONG ARM OF THE CENTRE

BSF JURISDICTION

- Romita Datta

The Union home ministry’s unilateral decision, notified on October 11, to expand the jurisdiction of the Border Security Force (BSF) in three states has raised angry protests and accusations of misuse of Central powers. While BJP-ruled Assam has kept mum about the move, the Trinamool Congress (TMC) in West Bengal and the Congress government in Punjab have objected, saying the notification is unconstitutional since it violates state rights in matters of law and order. Many have accused the ruling BJP of trying to use the BSF to gain police powers in states it does not govern, with both West Bengal Chief Minister Mamata Banerjee and Punjab Chief Minister Charanjit Singh Channi making their opposition abundantly clear over the past fortnight.

The Centre says the MHA notification only ‘standardises’ the BSF’s jurisdiction in certain states. Prior to this, the border guards policed an 80 km wide belt along Gujarat’s international border, with the same responsibilities in a 50 km-wide belt in Rajasthan and in 15 km-wide belts in Assam, Punjab and West Bengal. Now, the BSF will police a 50 km band in all five states.

In a letter to Prime Minister Narendra Modi on October 24, TMC chief and West Bengal Chief Minister Mamata Banerjee wrote: ‘[West Bengal] shares a long border with Nepal, Bhutan and Bangladesh, which stretches along 2,164.71 km of India’s international borders… [Following the MHA notification, an area] equivalent to 37 per cent of the state’s total territory will come within the expanded territorial jurisdiction of the BSF [and] interfere with the executive powers of the state and the state police’s ability to maintain law and order.’ She also described the MHA notification as unconstitutional and said the Centre had not consulted with the state before expanding the BSF’s jurisdiction.