Union Home Minister Amit Shah on Tuesday (May 26) directed authorities to strictly enforce a ‘zero tolerance’ policy towards illegal constructions within 15 kilometres of the country’s borders and demolish all such structures.

Shah was at an event near the international border in Rajasthan’s Bikaner. He said that the Border Security Force (BSF) must strengthen its preparedness by maintaining constant vigilance against illegal smuggling, infiltration, and cross-border activities.

He also highlighted the Centre’s 2021 decision to expand the BSF’s jurisdiction from 15 km to 50 km from the border. Despite the change, why did the call for demolition concern a smaller range? We explain.

The BSF was created after the enactment of the Border Security Force Act in September 1968. It is meant to secure India’s borders with its neighbouring nations and is empowered to arrest, search and seize under several laws.

A BSF officer earlier told The Indian Express, “At that time, border areas were sparsely populated and there were hardly any police stations for miles. To prevent trans-border crimes, it was felt necessary that BSF is given powers to arrest. While police stations have now come up near the border, they continue to be short-staffed.”

How was the range changed?

Section 139(1) of the BSF Act allows the central government, through an order, to designate an area “within the local limits of such area adjoining the borders of India” where the BSF can exercise powers to prevent offences under any Acts that the central government may specify.

Prior to the notification issued in October 2021, the BSF could exercise its powers within 15 kilometres of the border in Punjab, West Bengal and Assam, as well as the entirety of the states of Manipur, Mizoram, Tripura, Nagaland and Meghalaya and Union Territories of Jammu and Kashmir and Ladakh.

The Centre expanded this to within 50 km of the border in Punjab, West Bengal and Assam. The ministry also reduced the BSF’s area of operation in Gujarat from 80 km from the border to 50 km, and kept Rajasthan’s limit unchanged.

The notification stated that within this larger jurisdiction, the BSF can exercise powers only under the Criminal Procedure Code, the Passport (Entry into India) Act, and the Passports Act. For other central legislation, the 15-km limit remains.

Writing for the Manohar Parrikar Institute for Defence Studies and Analyses (MP-IDSA) in 2021, Research Fellow Pushpita Das said, “In other words, the emphasis is laid on prevention of illegal migration and cross-border crimes. Further, the Notification does not provide the BSF the power to investigate and prosecute, which implies that the BSF still has to hand the arrested person and the seized consignments over to the State Police within 24 hours after minimal questioning.”

On December 7, 2021, the Minister of State for Home Affairs, Nityanand Rai, clarified in writing that this expansion was in response to the increased use of drones and Unmanned Aerial Vehicles, which have long-range capabilities and enable surveillance and the smuggling of arms and fake currency. He also highlighted the ‘menace of cattle smuggling’ and pointed out that smugglers often seek refuge outside BSF jurisdiction.

Prakash Singh, the former Director-General of the BSF, wrote in The Indian Express at the time that “The threat perception from across the international borders has undergone a sea change in the context of recent developments in the Af-Pak region. Radical groups of different shades are feeling emboldened and are going to make a determined attempt to destabilise Punjab, where there have been several attempts to drop weapons from drones.”

In July 2022, Rai answered a question in Lok Sabha, stating that “The State Governments of West Bengal and Punjab have objected to the aforesaid notifications expressing their apprehension that such a move encroaches upon the powers of the State Government. Their apprehensions are ill-founded.”

He added, “The extension of territorial jurisdiction of BSF would result in better and more effective control on trans-border crimes in conjunction and co-operation with the State Police.”

However, sources had earlier said the BSF hasn’t even properly utilised its powers within 15 km due to potential disagreements with state police. “No BSF officer wants to take up cudgels with the state police unnecessarily. After all if you can’t prosecute, you actually have no power,” an officer said.