AUTHOR: Kamna katiyar
DESIGNATION: Student ,B.A.LL.B(9TH SEM)
RAMA UNIVERSITY KANPUR
INTRODUCTION
Ajit Doval’s article “Islamic terrorism in south asia and India’s strategic response”
Statement about new convergence of development among the jihadi groups in Afghanistan ,Pakistan and Bangladesh and security imputation in both the Indian subcontinent and world at large.
India has democracy in the world with a population spread over 3.1 billion sq km. It has a growing economy in the world with increased interrelation globally and religious political system. India shares land and water border with seven country in which sri lanka ,maldives , afghanistan and pakistan ,china bhutan,nepal ,myanmar and bangladesh , therefore country faced vehemently disturbed by internal as well as external threats mainly because of three diversities and factor involved in it.
Terrorism constitutes a major security impediment for integrity, peace and progress of the country and remains to be a stumbling block for national development and secure life . terrorism and national security have become allied terms in modern times which is accountable for a large share of the security predicament in India and the world. Globalisation of terrorism with sophistication in communication , weapons ,transport and technologies brought universal amplification and substatical deadness in nation states.
Amit shah(home minister) while discussion on bharatiya nyaya sanhita bill 2023 stated security related legislation stated india’s security challenges especially related to its border ,have evolved drastically over the years and highlighted need for modern legal framework to deal with cross -border terrorism ,infiltration, smuggling and illegal immigration.
He also reiterated the government’s commitment to strengthening india’s border stating that Bharatiya Nyay Sahita bill 2023 provides for stricter punishments for these involved in cross border terrorism , smuggling and human trafficking also spoke about need for new provision to give border security forces (BSF) nad Indian Army more autonomy.
The Bharatiya Nyaya Sanhita was implemented or enforced in 1st july 2024 with aim to replace of outadered indian penal code(IPC) of 1860, a colonial era legislation that while foundation to India’s legal system ,no longer adequately addresses complexities of modern threats. With the introduction of new modern criminal law Bharatoiya nyaya sanhita enhancing new legal reform on border security with the aim to ensure a secure and sovereign nation that can protect its borders while upholding democratic values.
From this article ,one will explore historical background on enhancing legal reforms , BNS involvement in enhancing India’s border security through various legal reforms and aims of implementation and objective of it.
HISTORICAL BACKGROUND OF LEGAL REFORM ON BORDER SECURITY IN INDIA:
In Shaleshwar’s book “Terrorism in India” outlined the pre independence activities or revolutionary freedom struggle in india and terrorist means against the british administration who ruin the country for long decade, there ambiguity in indian scenario ,where british referred ‘terrorism’ and took severe action against revolutionaries but for country man it was purely ‘freedom struggle’ book focused on freedom revolutionary happened in Bihar in 19th century.
Before implementation of BNS, evolution of India’s legal framework IPC introduced by the british in 1860 it was a comprehensive code of that time as it increasingly inadequate addressing challenges of the 21st century especially related to national security hacking.
Terrorism in india is quite complex one the ongoing insurgencies in north east ,Naxalities issues in central and south -eastern parts vicious type of religious terrorism in jammu kashmir ,punjab and domestic urban based religious terrorism one can nowadays in bangladesh which is one of indigenous from faced by country in peraments manners therefore become of all this , over years new laws were implemented or amendments which address specific security concerns i.e law like Terrorist and disruptive activities (prevention) act(TADA) of 1987 and prevention of terrorism act (POTA) of 2002 were enacted to counter terrorism but were criticised for their misuse ,The unlawful activities (prevention ) act (UAPA)remain inforce and used to combat terrorism therefore with modern threats and rising of cross-border
Terrorism ,cyber warfare smuggling BNS introduced as comprehensive overhaul of IPC with modernising legal framework and ensuring it is fit for current security challenges.
CHALLENGES FACED BY INDIAN BORDER SECURITY AUTHORITY
Indian shared land and water border with seven countries spanning over 15000 km therefore the challenges faced on security of nation is:
- Infiltration: Chinese incursions and attempts to alter status quo have resulted in heightened tension , difficult terrain makes it challenging for security forces to monitor border.infiltration by terrorists remain significant concerns with militants leasing line of control to enter indian territory.
- Terrorism:India -pakistan border particularly in region flash point for cross border terrorism .Terrorist organisations often with state support from across the border have carried out attacks in india.
- Smuggling and human trafficking:Open border with Nepal while beneficial for cultural and economic exchange also presents security concerns , smuggling, human trafficking anf illegal trade are common along this border.
- Cross border terrorism and insurgency: Terrorist organisations often with state support from across the border have carried out attacks in india.
- Drug and arms trafficking: Smuggling of drugs and arms is another critical issue, the porous nature of parts of the Punjab border has allowed for trafficking of narcotics contributing to drug crisis in the region.
- Cyber threats and hybrid warfare from adversarial nature: There is an increase of cyberattacks which involve hacking , cyber espionage and digital warfare that threatens national security.
AIMS OF IMPLEMENTATION
- Primary aims to enhance India’s ability to protect its borders from external threats and strengthen national security.
- Modernising outdated legal framework with capability of tacking new age threats such as cyber crime , cross border ,espionage and organised crime.
- It introduced stricter penalties and enhanced legal provision with the aim of addressing cross border terrorism.
- Aims to dismantle smuggling syndicates and reduce the flow of contraband into the country.
- Aim to penalise both traffickers and those who facilitate illegal immigration addressing significant social and political challenges in states leke Assam and West bengal.
- Reforms aims to provide legal backing and protection to security forces operating in high risk areas such as jammu and kashmir and northeastern’s states .
- Aim to improves coordination between various law enforcement nad intelligence agencies.
- Provision made tp improving cybersecurity and digital protection.
CHANGES BROUGHT IN BNS RELATED TO NATIONAL BORDER SECURITY
- COUNTERING CROSS- BORDER TERRORISM AND INFILTRATION:BNS introduces stricter provision which involved offences related to terrorism including cross border ,infiltration and acts that threaten national security with enhancing penalties with smuggling of arms , drugs , special attention given to creating robust framework for protecting individual and organisation that collaborate with foreign elements to destabilise india’s border.
- STRENGTHENING NATIONAL INTEGRITY:BNS provides for stringent punishment for there conspiring with external forces to undermine sovereignty and territorial integrity of india.
- MODERNIZATION OF ENFORCEMENT AND MECHANISM:Enhancing legal reforms aim to equip law enforcement agencies including border security force (BSF) with clearer guidelines for operational autonomy and through provision addressing cyber crimes and digital infiltration , helping secure india’s border region from external manipulations.
- COLLABORATIVE FRAMEWORK:BNS seeks to strengthen cooperation between central and state agencies in dealing with cross border crimes, legal provision allows for enhanced intelligence sharing frameworks and co-ordinated action plans among various laws enforcement bodies to ensure seamless security operations along border.
- CRACKDOWN ON SMUGGLING AND ORGANISED CRIME
- ENHANCING PENALTIES FOR TERRORISM
- PENALTIES AND PUNISHMENTS ILLEGAL IMMIGRATION AND HUMAN TRAFFICKING
- STRENGTHENING CYBERSECURITY AND DIGITAL WARFARE
PROVISION RELATED TO NATIONAL SECURITY BNS
- SECTION 111 ,SECTION 112 both this provision against terrorism and cross border terrorism.
- SECTION 190 ,SECTION 191 stated about punishment for smuggling and organised crime.
- SECTION 195,SECTION 196 illegal immigration and human trafficking
- SECTION 220,SECTION 221 provision on espionage and national security threats
- SECTION 379,SECTION 380 cybersecurity nad digital threats
- SECTION 313,SECTION 314 special protections and legal backing for border security forces
- SECTION 450,SECTION 451 special courts and fast tracking of national security cases
- SECTION 510 ,SECTION 511 collaboration with international bodies and neighbouring countries
OTHER ACTS AND LAWS INVOLVED:
- Prevention of money laundering act 2002:to prevent money laundering nad terror financing
- Official secrets act 1923
- Arms act 1959: regulates possession ,manufacture sale and transfer of firearms and ammunition.
- Foreigners Act 1946:it is used to tackle illegal immigration and ensure deportation of foreign nationals residing unlawfully in india.
- Indian telegraph act 1885 (amendments)
- The border security force act 1968
- Information technology (prevention ) act 1967
- National security act 1980 (NSA):empowers the government to detain individuals who pose a threat to national security.
- The conservation of foreign exchange and prevention of smuggling activities act 1974
- The national investigation agency act 2008 (NIA)act
- The enemy property act 1968:deals with properties left behind by individuals or organisations that belong to enemy countries.
- The narcotic drugs and psychotropic substances act 1985(NDPS)ACT
- Official secrets act 1923
WAYS OF IMPLEMENTATIONS OF LEGAL REFORM OF NATIONAL SECURITY
- Legislative revision and clear guidelines: ensure updating existing laws related to national security border management ,terrorism ,cybercrime and provide detailed guidelines.
- Capacity building and training of law enforcement: specialized training programs as border security force , indian army ,intellig
- Establishment of special courts and tribunals:
- Strengthening border security infrastructure:
- Enhancing inter-agency coordination: establish integrated command centres by bringing together BSF, Indian army, intelligence agencies and state police forces to collaborate on national security issues.
- Public awareness and community involvement: by creating community engagement programs and reward systems for actionable intelligence can also be implemented to encourage public cooperation.
- Use of cybersecurity tools : by advancing the cybersecurity framework and monitoring digital transactions and communication to identify and act against money laundering ,terror financing and illegal trade.
- International cooperation and agreements: strengthen India’s border security agreement to tackle issues like illegal ,immigration,human trafficking , and smuggling through shared borders and establish extradition treaties with neighbouring countries and engage in international cooperation on cybersecurity by collaborating with global cybersecurity.
- Monitoring and evaluation mechanism to prevent misuse of power or excessive force
- Updating legal databases and documentations by creation of a centralised national security database and transition to digitised legal records
- Implementation of stricter penalties and fast tracking prosecutions
- Budget allocation and resources mobilisation to enhance border security infrastructure and modernise legal apparatus needed to enforce new laws.
RESULTS OF IMPLEMENTATION OF THIS LEGAL REFORMS
- It strengthens diplomatic ties through legal cooperation with countries like Bangladesh ,Myanmar ,Nepal while addressing concerns about terrorism ,smuggling , and illegal immigration.
- It results in a boost in public confidence in the government’s ability to protect the national border.
- It leads to increased use of technology in border management including advancement surveillance systems, drones, it will improve detention and preventions of infiltration and illegal activities across borders.
- BNS strengthens India’s international standing as a country committed to security of its borders and upholding its soverignity.
- Reforms will also show India’s commitment to global security efforts
CASE LAWS
- A.K ROY VS UNION OF INDIA
The Supreme court upheld constitutionality of nsa but provides important safeguard .It held that preventive detention under nsa must comply with constitutional requirements and rights to representation through an advisory board was essential to ensure fairness.
Case confirmed constitutional validity of preventive detention under nsa while ensuring that principles of natural justice are upheld including right to legal representations.
- KARTA SINGH VS STATE OF PUNJAB
The Supreme court upheld the constitutionality of tada but stresses that application of law should be done cautiously.court also emphasised that confession made to police officers must be handled with case and subject to judicial oversight.
- PUCL VS UNION OF INDIA
This case highlighted the judiciary’s role in checking the misuse of anti terrorism laws and emphasised that individual fundamental rights must be protected even in cases involving national security.
- MOHAMMAD AJMAL KASAB VS STATE OF MAHARASHTRA
This case reinforced use of anti terrorism laws such as UAPA, demostrated zero tolerance policy toward terrorrism ,showcases effectiveness of legal provision in addressing acts of terrorism involving cross border perpetrators.
CONCLUSION
The implementation of bharatiya nyaya sanhita (bns)aim to address evolving threats to nation ‘s sovereignty ,territorial integrity and public safety .the legal reforms are intended to provide state with necessary tools to combat wide spectrum of security ,smuggling ,cyber threats , cross border infiltration . therefore these laws when implemented effectively and justly will help secure india’s borders ,protect its citizens and maintain rule of law in face of both internal challenges and external aggression .
Hence it is concluded that balance between security and liberty remains crucial ,through continued legal refinement and judicial guidance ,india can ensure that its national security apparatus remains both strong and just.
REFERENCE
- BARE ACT- the bharatiya nyaya sanhita ,2023
- https://testbook.com/ias-preparation
- https://www.indiacode.nic.in
- https://lawbhoomi.com/pucl-vs-union-of-india/
- https://www.legalbites.in
- Blogipleader