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GS Paper: GS3-24. Various Security Forces and Agencies and their Mandate.

  • Explained: India’s Missile Capability

    The Defence Minister has encouraged scientists to work towards developing hypersonic missile technology after China’s successful demonstration of hypersonic glide vehicles (HGV).

    Try this question:

    Q. Hypersonic missiles are nothing but weapons of deterrence. Critically comment in context of arms race development for hypersonic missiles.

    History of Missile Technology in India

    (1) Pre-Independence

    • Before Independence, several kingdoms in India were using rockets as part of their warfare technologies.
    • Mysore ruler Hyder Ali started inducting iron-cased rockets in his army in the mid-18th century.
    • By the time Hyder’s son Tipu Sultan died, a company of rocketeers was attached to each brigade of his army, which has been estimated at around 5,000 rocket-carrying troops.

    (2) Post-Independence

    • At the time of Independence, India did not have any indigenous missile capabilities.
    • The government created the Special Weapon Development Team in 1958.
    • This was later expanded and called the Defence Research and Development Laboratory (DRDL), which moved from Delhi to Hyderabad by 1962.
    • In 1972, Project Devil, for the development of a medium-range Surface-to-Surface Missile was initiated.
    • By 1982, DRDL was working on several missile technologies under the Integrated Guided Missiles Development Programme (IGMDP).

    What kind of missiles does India have?

    • India is considered among the top few nations when it comes to designing and developing missiles indigenously.
    • However, it is way behind the US, China and Russia in terms of range.
    • DRDO is working on multiple varieties of missiles:

    [A] Surface-launched Systems

    ANTI-TANK GUIDED MISSILE:

    • Nag has already been inducted into the services. Nag is the only fire-and-forget ATGM meeting all weather requirements for its range (around 20 km).
    • Recently Heli-Nag was tested, which will be operated from helicopters and will be inducted by 2022.
    • There is also a Stand-off Anti-Tank (SANT) missile, with a range over 10 km.

    SURFACE-TO-AIR MISSILE

    • Short-range SAM system: Akash has already been inducted in the Army and the Air Force.
    • For Akash 1, which has a seeker, the Army has already got the Acceptance of Necessity from the government.
    • For Akash (New Generation), the first tests were conducted in July this year and a couple more trials are to be done.
    • Medium-Range SAM: Production of MRSAM systems for the Navy is complete, and it is placing its order.

    [B] Air-launched Systems

    AIR-TO-AIR:

    • Astra, India’s Beyond Visual Range Air-to-Air Missile (BVRAAM), has been completely tested and is under induction.
    • It has a range of around 100 km, and DRDO is trying to now induct it with more IAF platforms, including the domestically developed light combat aircraft Tejas.
    • A long-range Astra is also being developed, for which initial tests have been conducted.
    • The missile uses solid fuel ramjet technology, which enhances speed, and will have an indigenously-built seeker.

    AIR-TO-GROUND:

    • Rudram, a New Generation Anti-Radiation Missile (NGRAM), has cleared initial tests and some more tests will be conducted soon.
    • With a maximum range of around 200 km, the missile mainly targets communication, radar and surveillance systems of the adversary, and was tested from the Sukhoi-30MKI fighter jet last year.
    • BrahMos, which India developed jointly with Russia, is already operational.
    • It has a 300 km to 500 km range, and is a short-range, ramjet-powered, single warhead, supersonic anti-ship or land attack cruise missile.

    India’s crucial missile systems

    The two most important are Agni and Prithvi, both being used by the Strategic Forces Command.

    • Agni (range around 5,000) is India’s only contender for an inter-continental ballistic missile (ICBM), which is available in only a few countries.
    • Prithvi, although a short-range surface-to-surface missile with a 350 km range, has strategic uses. India also tested an anti-satellite system in April 2019.
    • A modified anti-ballistic missile named Prithvi Defence Vehicle Mk 2 was used to hit a low-orbit satellite.
    • It put India only behind the US, Russia and China in this capability.

    What about Hypersonic Technology?

    • India has been working on this for a few years, and is just behind the US, Russia and China.
    • DRDO successfully tested a Hypersonic Technology Demonstrated Vehicle (HSTDV) in September 2020, and demonstrated its hypersonic air-breathing scramjet technology.
    • India has developed its own cryogenic engine and demonstrated it in a 23-second flight.
    • India will try to make a hypersonic cruise missile, using HSTDV.
    • Only Russia has proven its hypersonic missile capability so far, while China has demonstrated its HGV capacity.
    • India is expected to be able to have a hypersonic weapons system within four years, with medium- to long-range capabilities.

    What makes India good in missile technology?

    • Missile technology is one field in which India has made very positive and substantial progress.
    • Under the IGMP then headed by A P J Abdul Kalam, later India’s President, first came Prithvi, then Agni.
    • BrahMos, at 2.5-3 times the speed of sound, was among the fastest in the world when developed.
    • After the nuclear blast in 1998, cryogenic etc were not given to us by developed countries. Kalam and others, they made it a point that they developed it within the country.

    Where do China and Pakistan stand compared to India?

    • While China is ahead of India, a lot of things about China are psychological.
    • China may have either achieved parity or even exceeded the US in land-based conventional ballistic and cruise missile capabilities.
    • China’s missile development is definitely a concern for us, but we will definitely evolve.
    • It has given the technology to the irresponsible hands of Pakistan. But getting technology and really using it, and thereafter evolving and adopting a policy is totally different.

    Must read:

    Agni V vs China’s Hypersonic Missile

     

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  • What is Armed Forces (Special Powers) Act, 1958?

    The death of at least 14 civilians in Nagaland as a result of the action of the Indian Army has brought back into focus the controversial Armed Forces (Special Powers) Act, 1958 [AFSPA].

    AFSPA: A Backgrounder

    • The AFSPA, 1958 came into force in the context of insurgency in the North-eastern States decades ago.
    • It provides “special power” to the Armed Forces applies to the Army, the Air Force and the Central Paramilitary forces etc.
    • It has been long contested debate whether the “special powers” granted under AFSPA gives total immunity to the armed forces for any action taken by them.

    Armed Forces (Special Powers) Act, 1958

    • Armed Forces Special Powers Act, to put it simply, gives armed forces the power to maintain public order in “disturbed areas.”
    • AFSPA gives armed forces the authority use force or even open fire after giving due warning if they feel a person is in contravention of the law.
    • The Act further provides that if “reasonable suspicion exists”, the armed forces can also arrest a person without warrant; enter or search premises without a warrant; and ban the possession of firearms.

    What are the Special Powers?

    The ‘special powers’ which are spelt out under Section 4 provide that:

    (a) Power to use force, including opening fire, even to the extent of causing death if prohibitory orders banning assembly of five or more persons or carrying arms and weapons, etc are in force in the disturbed area;

    (b) Power to destroy structures used as hide-outs, training camps, or as a place from which attacks are or likely to be launched, etc;

    (c) Power to arrest without warrant and to use force for the purpose;

    (d) Power to enter and search premises without a warrant to make arrest or recovery of hostages, arms and ammunition and stolen property etc.

    What are the Disturbed Areas?

    • A disturbed area is one that is declared by notification under Section 3 of the AFSPA.
    • As per Section 3, it can be invoked in places where “the use of armed forces in aid of the civil power is necessary”.

    Who can declare/notify such areas?

    • The Central Government or the Governor of the State or administrator of the Union Territory can declare the whole or part of the State or Union Territory as a disturbed area.
    • A suitable notification would have to be made in the Official Gazette.

    Presently ‘Disturbed Areas’

    • AFSPA is currently in force in Assam, Nagaland, Manipur, 3 districts of Arunachal Pradesh, and areas falling within the jurisdiction of 8 police stations in Arunachal Pradesh bordering Assam.
    • In Jammu and Kashmir, a separate law Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 has been in force.

    AFSPA: Is it a License to Kill?

    While the operation of the Section has been controversial in itself, it has attracted much criticism when actions have resulted in the death of civilians.

    • Power to kill: Section 4 of the Act granted officers the authority to “take any action” even to the extent to cause the death.
    • Protection against prosecution: This power is further bolstered by Section 6 which provides that legal can be instituted against the officer, except with the previous sanction of the Central Government.

    Supreme Court’s Observations over AFSPA

    • These extra-judicial killings became the attention of the Supreme Court in 2016.
    • It clarified that the bar under Section 6 would not grant “total immunity” to the officers against any probe into their alleged excesses.
    • The judgment noted that if any death was unjustified, there is no blanket immunity available to the perpetrator(s) of the offense.
    • The Court further noted that if an offense is committed even by Army personnel, there is no concept of absolute immunity from trial by the criminal court constituted under the CrPC.

    Constitutionality of AFSPA

    • Attempts have been made to examine the constitutionality of the Act on the grounds that it is contravention to the:
    1. Right to Life and Personal Liberty (Article 21) and
    2. Federal structure of the Constitution since law and order is a State subject

    Recommendations to repeal AFSPA

    (1) Justice B.P. Jeevan Reddy Commission

    • The 2004 Committee headed by Justice B.P. Jeevan Reddy, the content of which has never officially been revealed by the Government, recommended that AFSPA be repealed.
    • Additionally, it recommended that appropriate provisions be inserted in the Unlawful Activities Prevention Act, 1967 (UAPA) instead.
    • It also recommended that the UAPA be modified to clearly specify the powers of the armed forces and paramilitary forces and grievance cells should be set up in each district where the armed forces are deployed.

    (2) ARC II

    • The Administrative Reforms Commission in its 5th Report on ‘Public Order’ had also recommended that AFSPA be repealed.
    • It recommended adding a new chapter to be added to the Unlawful Activities Prevention Act, 1967.
    • However, the recommendation was considered first and then rejected.

    Other issues with AFSPA

    (1) Sexual Misconduct by Armed Forces

    • The issue of violation of human rights by actions of armed forces came under the consideration of the Committee on Amendments to Criminal Law (popularly known as Justice Verma Committee) set up in 2012.
    • It observed that- in conflict zones, legal protection for women was neglected.

    (2) Autocracy

    • The reality is that there is no evidence of any action being taken against any officer of the armed forces or paramilitary forces for their excesses.

    Caution given by the Supreme Court

    A July 2016 judgment authored by Justice Madan B. Lokur in Extra Judicial Execution Victim Families Association quoted the “Ten Commandments” issued by the Chief of the Army Staff for operations in disturbed areas:

    1. Definite circumstances: The “power to cause death is relatable to maintenance of public order in a disturbed area and is to be exercised under definite circumstances”.
    2. Declaration preconditions: These preconditions include a declaration by a high-level authority that an area is “disturbed”.
    3. Due warning: The officer concerned decides to use deadly force on the opinion that it is “necessary” to maintain public order. But he has to give “due warning” first.
    4. No arbitrary action: The persons against whom the action was taken by the armed forces should have been “acting in contravention of any law or order for the time being in force in the disturbed area”.
    5. Minimal use of force: The armed forces must use only the “minimal force required for effective action against the person/persons acting in contravention of the prohibitory order.”
    6. Empathy with perpetrators: The court said that: the people you are dealing with are your own countrymen. All your conduct must be dictated by this one significant consideration.
    7. People friendliness: The court underscored how the Commandments insist that “operations must be people-friendly, using minimum force and avoiding collateral damage – restrain must be the key”.
    8. Good intelligence: It added that “good intelligence is the key to success”.
    9. Compassion: It exhorted personnel to “be compassionate, help the people and win their hearts and minds. Employ all resources under your command to improve their living conditions”.
    10. Upholding Dharma (Duty): The judgment ended with the final Commandment to “uphold Dharma and take pride in your country and the Army”.

    Conclusion

    • Despite demands by civil society groups and human rights activities, none of the recommendations have not been implemented to date.

     

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  • Trilateral Exercise ‘Dosti’

    The 15th edition of the biennial trilateral coast guard exercise ‘Dosti’ involving India, the Maldives and Sri Lanka is underway in the Maldives.

    Exercise Dosti

    • The aim of this exercise is to further fortify the friendship, enhance mutual operational capability, and exercise interoperability and to build cooperation.
    • Both the Maldives and Sri Lanka are of strategic importance to New Delhi and to its maritime security interests.
    • 2021 marks 30 years since these exercises were first launched.

    Significance of the exercise

    • These exercises help during joint operations and missions undertaken by countries and also help enhance interoperability.
    • Although piracy is not a major issue in this part of the Indian ocean, these kinds of exercises also help coast guards with training for possibilities.
    • These exercises help develop a better understanding of the other nation’s coast guard operations and how to enhance coordination during different kinds of missions.

    What it involves

    • The scope of these exercises are wide-ranging.
    • India, Sri Lanka and the Maldives have agreed to work on what they called the “four pillars” of security cooperation.
    • These involved the areas of marine security, human trafficking, counter-terrorism and cyber security.

     

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  • The poor conditions of protectors

    Context

    In memory of these and other colleagues killed, all the police forces of the State and Centre observe October 21 as Police Commemoration Day.

    Casualties among the police forces

    • As the CRPF is deployed in the highly disturbed areas of Jammu and Kashmir, the Northeast and the Left-Wing Extremist-affected States, the highest casualties (82) were seen in this force.
    • The Indo-Tibetan Border Police (ITBP), which guards the border from Ladakh to Arunachal Pradesh at forbidding heights, lost 54 of its personnel.
    • The Border Security Force lost 47 personnel.
    • Among the State Police forces, Chhattisgarh, which is combating the Maoist menace, lost the most personnel (32) followed by J&K (17) and Karnataka (17).

    Neglect of the police and paramilitary personnels

    • They get paid low salaries, have a poor quality of life and are often deprived of basic facilities.
    • The morale of the paramilitary personnel is not of the desired level.
    • Those who cleared recruitment exams in 2003 but joined the force in 2004 or later are not eligible for pension under the old norms.
    • Canteen and medical facilities are dismal.
    • Items sold through the Central Police Canteens are not exempted from GST.
    • There are notable variations in the ex-gratia amounts given to the next of kin of the police who are killed.
    • The Centre and the States need to bring about uniformity in the amount paid.
    • Care should be taken to ensure that the next of kin are not deprived of a decent living.
    • Payments from the public exchequer need to be made judiciously.

    Conclusion

    It is high time the government takes note of the grievances of the police and paramilitary personnel and not let their sacrifices go in vain.

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  • Extending BSF’s powers won’t resolve policing problems, security threats

    Context

    The Union home ministry’s order to extend the jurisdiction of the Border Security Forces (BSF) has caused furore.

    Justification for the order

    • Increased threats: The Taliban’s takeover in Afghanistan has revived serious threats of cross-border infiltration from Pakistan, while China, our other tense neighbour, has been increasingly aggressive over the past year.
    • Change in the jurisdiction: The BSF’s powers have not altered, only its jurisdiction has changed from 15 to 50 kilometres and that is for the purposes of uniformity.

    Issues raised by the order

    • Lack of clarity: That India is facing heightened security threats is undeniable.
    • What is unclear is how the BSF’s extended jurisdiction helps counter these threats.
    • The recent drug seizures in Gujarat’s Adani port were successfully conducted by the customs department and the Directorate of Revenue Intelligence — not by the BSF, despite their jurisdiction depth of 80 kilometres in the state.
    • No need for uniformity: In the security context, arguments about uniformity are patently absurd.
    • There is no uniformity between coastal smuggling in Gujarat, cross-border infiltration in Jammu and Kashmir, smuggling and drone drops in Punjab.
    • Risk of civilian resentment: The order raises the risk of civilian resentment, even clashes, given that the BSF is not trained to operate in residential and/or market areas, it will also undermine the state police forces’ morale even further.
    • Overstretching BSF: The BSF is likely to be overstretched by its new tasks.
    • Once again, that could weaken rather than strengthen the BSF’s security capabilities.

    Tackling illegal migration

    • Curbing illegal migration requires coordinated action between India and its neighbours, first at the political and then at the security level.
    • The administration’s migration policies — the Citizenship Amendment Act, deporting Myanmar refugees even when they were locally welcomed, cancelling Afghan visas have made cooperation more difficult and impacting negatively on border security.
    • To think that the BSF can plug what is a government-to-government policy gap is prone to failure.

    Way forward

    • Coordination: The underlying issue when it comes to tackling both smuggling and infiltration threats is coordination between our security agencies.
    • Police reform: The state police forces have weakened, therefore, the solution lies in putting police reforms on an emergency footing, not in extending the BSF’s jurisdiction.
    • That we have a grave policing problem across India is undeniable.
    • But the answer is not to write them off; it is to insulate them from political misuse while holding them accountable for rule of law lapses.
    • Moreover, to strengthen police capabilities it is vital that other security forces cooperate with local police forces, not bypass them.
    • The BSF has had a relatively good record of local police cooperation thus far.
    • When it comes to cross-border infiltration, intelligence is the key.

    Conclusion

    Strengthening police capabilities, improving coordination between security agencies and cooperation with state law enforcement are needed to address these issues.

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  • The outlines of a national security policy

    Context

    National security concepts have, in the two decades of the 21st century, undergone fundamental changes. Cyberwarfare has vastly reduced the deterrent value of conventional deterrents.

    Emergence of cyberwarfare

    • In the 21st century, after cybertechnology enters as an important variable in nations’ defence policies.
    • Geographical land size or GDP size will be irrelevant in war-making capacity or deterrence.
    • These fundamental changes are entirely due to the earlier 20th century innovations in cybertechnology and software developments.
    • Drones, robots, satellites and advanced computers as weapons are already in use.
    • Some examples of further innovations are artificial intelligence and nanotechnology.
    • Tracking those cyber warfare threat will need a new national security policy.
    • By credible accounts, China, recently, publicly cautioned Indians to sit up and take notice by using cybertechnology to shut down Mumbai’s electric supply in populated areas of the city, for a few hours.

    Four dimensions of national security policy

    • Objectives: the objective of the National Security Policy in the 21st century is to define what assets are required to be defended, the identity of opponents.
    • Although the novel coronavirus is perhaps accidental, it has completely destabilised peoples globally and their governments in all nations of the world over.
    • This is a preview of the kinds of threats that await us in the coming decades which a national security policy will have to address by choosing a nation’s priorities.
    • Priorities: National security priorities will require new departments for supporting several frontiers of innovation and technologies such as hydrogen fuel cells, desalination of seawater, thorium for nuclear technology, anti-computer viruses, and new immunity-creating medicines.
    • This focus on a new priority will require compulsory science and mathematics education, especially in applications for analytical subjects.
    • Strategy: The strategy required for this new national security policy will be to anticipate our enemies in many dimensions and by demonstrative but limited pre-emptive strikes by developing a strategy of deterrence of the enemy.
    • For India, it will be the China cyber capability factor which is the new threat for which it has to devise a new strategy.
    • Resource mobilisation: The macroeconomics of resource mobilisation depends on whether a nation has ‘demand’ as an economic deficit or not.
    • If demand for a commodity or service is in deficit to clear the market of the available supply of the same, then liberal printing of currency and placing it in the hands of consumers is recommended for the economy to recover the demand-supply parity.
    • A way to increase demand is by lowering the interest rate on bank loans or raising the rates in fixed deposits which will enable banks to obtain liquidity and lend liberally for enhancing investment for production.
    • If it is ‘supply’ that is short or in deficit compared to demand, then special measures are required to incentivise to encourage an increase in supply.

    Conclusion

    National security at its root in the 21st century will depend on mind-boggling skills in the four dimensions mentioned above.

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  • [pib] Exercise Cambrian Patrol

    A team from Gorkha Rifles which represented the Indian Army at the prestigious Cambrian Patrol Exercise at Brecon, Wales, UK, has been awarded a Gold medal.

    Ex Cambrian Patrol

    • Organized by the UK Army, this exercise is considered the ultimate test of human endurance, team spirit and is sometimes referred as the Olympics of Military Patrolling.
    • The aim of The Cambrian Patrol is to provide a challenging patrols exercise in order to enhance operational capability.
    • The event has evolved into a cost-effective, ready-made exercise that Commanding Officers can use to test the basic training standards of their soldiers, in preparation for future operations.
    • It is mission-focused and scenario-based with role players used to enhance the training benefit.

    How it is conducted?

    • During the exercise, teams are assessed for their performance under harsh terrain and inclement cold weather conditions.
    • They undergo various challenges in addition to the complex real-world situations painted to them so as to assess their reactions in combat settings.

     

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  • Exercise Yudh Abhyas 2021

    The 17th edition of the India-U.S. bilateral exercise, Yudh Abhyas 2021, got underway in mountainous terrain and cold climate conditions of Alaska, US.

    Yudh Abhyas 2021

    • Exercise Yudh Abhyas is the largest running joint military training and defence cooperation endeavour between India and USA.
    • The exercise aims at enhancing understanding, cooperation and interoperability between the two armies.

    Why it is significant?

    • Interestingly, this is the only India-U.S. service exercise continuing in bilateral format.
    • The India-U.S. Malabar naval exercise became trilateral with the addition of Japan in 2015 and further brought in all the Quad partners together with the inclusion of Australia in 2020.
    • Similarly, Japan joined the India-U.S. bilateral air exercise, Cope India, as an Observer in 2018 and the plan is to make it trilateral in phases.
    • Other than the Malabar, Japan had sent observers for the first time during Cope India 2018 as an Observer in 2018. s

     

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  • Securing the States

    Context

    The Ministry of Home Affairs recently issued a notification extending the jurisdiction of the Border Security Force from 15 km to a depth of 50 km along the international borders in three states — Punjab, Assam and West Bengal.

    Background of the notification about jurisdiction of BSF

    • The last notification of the MHA (July 3, 2014), which defined the jurisdiction of the BSF, stated that the force could operate in the entire states of Nagaland, Manipur, Mizoram, Tripura and Meghalaya without any restrictions whatsoever.
    • In Gujarat, it had jurisdiction up to a depth of 80 km and in Rajasthan up to 50 km.
    • In Punjab, Assam and West Bengal, the BSF jurisdiction was up to a depth of 15 km only.
    • Under the latest notification issued on October 11, 2021, there is no change in the northeastern states and Rajasthan.
    • In Gujarat, jurisdiction has been reduced from 80 km to 50 km.
    • The controversial change is in Assam, West Bengal and Punjab, where the BSF jurisdiction has been extended from 15 km to 50 km.
    • It is this part of the notification which has generated controversy, though the criticism has been made by leaders of Punjab and West Bengal.

    Why the government of India decided to extend the jurisdiction of BSF?

    • Assam, West Bengal and Punjab have international borders.
    • Changed threat perception: The threat perception from across the international borders has undergone a sea change in the context of recent developments in the Af-Pak region.
    • Efforts to destabilise Punjab: Radical groups of different shades are feeling emboldened and are going to make a determined attempt to destabilise Punjab.
    • Pakistan-sponsored terrorist groups, particularly the Lashkar-e-Toiba and Jaish-e-Muhammad, will almost certainly renew their onslaught in the border states.
    • West Bengal has already undergone a huge demographic change.
    • Assam faces multiple problems of ethnic insurgencies, smuggling, counterfeit currency, drug trafficking, etc.
    • Police need assistance: The police across the country are in a state of atrophy and they need the assistance of central armed police forces even for maintaining normal law and order.
    • As such, their effectiveness against the emerging trans-border threats is suspect.

    Implications for powers of police and federalism

    • The home ministry’s latest notification only seeks to reinforce the capabilities of the state police in securing the states under section 139 of the BSF Act, which empowers the members of the force to discharge certain powers and duties within local limits of the areas specified in the schedule.
    •  The jurisdiction of the state police has neither been curtailed nor its powers reduced in any manner.
    • It is just that the 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.
    • The power to register FIR and investigate the case remains with the state police.
    • The Indian Constitution, no doubt, fulfils some conditions of a federation, but it leans towards a strong Centre.

    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.

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  • Explained: BSF powers and jurisdiction

    The Ministry of Home Affairs (MHA) has extended the jurisdiction of the Border Security Force (BSF) up to 50 km inside the international borders in Punjab, West Bengal and Assam.

    Do you know?

    BSF currently stands as the world’s largest border guarding force. It has been termed as the First Line of Defence of Indian Territories.

    About Border Security Force (BSF)

    • The BSF is India’s border guarding organization on its border with Pakistan and Bangladesh.
    • It comes under the Ministry of Home Affairs.
    • It was raised in the wake of the 1965 War on 1 December 1965 for ensuring the security of the borders of India and for matters connected therewith.
    • The BSF has its own cadre of officers but its head, designated as a Director-General (DG), since its raising has been an officer from the Indian Police Service (IPS).

    What are the new modifications?

    • The MHA has exercised the powers under the Border Security Force Act of 1968.
    • It has thus outlined the area of BSF’s jurisdiction.
    • While the places marked here are within 50 km of the respective borders, this is not meant to represent the BSF’s jurisdiction.
    • At the same time, the Ministry has reduced BSF’s area of operation in Gujarat from 80 km from the border, to 50 km.

    Powers exercised by BSF in its jurisdiction

    BSFs jurisdiction has been extended only in respect of the powers it enjoys under:

    1. Criminal Procedure Code (CrPC)
    2. Passport (Entry into India) Act, 1920 and
    3. Passport Act, 1967

    Arrest and search

    • BSF currently has powers to arrest and search under these laws.
    • It also has powers to arrest, search and seize under the NDPS Act, Arms Act, Customs Act and certain other laws.

    Its powers under these will continue to be only up to 15 km inside the border in Punjab, Assam and West Bengal, and will remain as far as 80 km in Gujarat.

    Sanctions behind such powers

    • Scarcely populated borders: At that time, border areas were sparsely populated and there were hardly any police stations for miles.
    • Trans-border crimes: To prevent trans-border crimes, it was felt necessary that BSF is given powers to arrest.
    • Manpower crunch: While police stations have now come up near the border, they continue to be short-staffed.

    Various issues at Borders

    1. Encroachment
    2. Illegal incursion
    3. Drug and cattle smuggling

    Why has the government extended the jurisdiction?

    • The objective of the move is to bring in uniformity and also to increase operational efficiency. Earlier BSF had different jurisdictions in different states.
    • BSF often gets information relating to crime scenes that may be out of their jurisdiction.
    • The move was also necessitated due to increasing instances of drone-dropping of weapons and drugs.

    Impact on State Police jurisdiction

     

    • This move will complement the efforts of the local police. Thus, it is an enabling provision.
    • It’s not that the local police can’t act within the jurisdiction of the BSF.
    • The state police have better knowledge of the ground. Hence BSF and local Police can act in cooperation.

    Criticism of the move

    • At a basic level, the states can argue that law and order is a state subject and enhancing BSF’s jurisdiction infringes upon powers of the state government.
    • In 2012, then Gujarat CM and the present PM had opposed a central government moves to expand BSF’s jurisdiction.

     

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