A Research Proposal

on

Employment of Armed Police Force in

Border/Custom Security

Submitted to

The Department of Political Science

Faculty of Humanities and Social Sciences

Tribhuvan University Kathmandu, Nepal

(In the Partial Fulfilment of the Requirement of the Master's Degree in Political Science)

Submtted by

Narayan Babu Thapa

TU Regd. No.

Department of Political Science

April, 2015

Table of Contents

S No Contents Page No

1. Background of the Study i

2. Statement of the Research Problem

3. Objectives of the Study ii

4. Rationale of the Study iv

5. Limitations of the Study 1

6. Review of Literature

7. Conceptual Framework 5

7.1 Concept of Nepalese Border

7.2 Armed Police Force in Border Security

7.3 Open Border and Present Context

7.4 Problems Created Due to Open Border

7.5 Nepal-India Border Conflict

7.6 Armed Police Force in Revenue/Custom Security

8. Research Methodology

8.1 Research Design

8.2 Methods of Data Collection

9. References 34

----------------------------------------------------------------------------------------------------------------

Background of the Study

National Security is the major concern of every state in this modern age of 21st century. Security is considered as a paramount, constant and compelling interest, which a nation has to consider while formulating its policy particularly towards its neighbours (Dharamdasani, 2001:5). Increasing conflict and terrorism has posed a great challenge to every nation against peace and security. To cope with these challenges, every nation has different security organizations to defend from external threat as well as internal crime and disorder. Most of the countries have their Military, Para-Military Force, Border Security Force, Civilian Police, Intelligence Bureau and other agencies with special mission, tasks, responsibilities, authorities and organizational structures to protect the nation from external and internal threats.

Nepal is a landlocked country lying between India and China. Nepal Army and Nepal Police were only two armed forces till 2057 BS. Since Indo-Nepal border is still open border numerous crimes and illegal transactions were found to take place around the border areas. Also during past decades Nepal had undergone a fatal insurgency which caused numerous impacts on social, political and economic sector. At that time essence of organized, well equipped and efficient armed force (para-military organization) was realized. As a result Nepal Armed Police Force (APF) was established on 9th Magh 2057 with a motto of “Peace, Security, Commitment” with the aim of 25,000 strength. Currently 209 APF units are functioning in almost all major places throughout the country with its total strength of 37000 (approx).

From the beginning APF has played important roles to maintain law and order especially in the field of combating terrorism, armed rebellion and struggle, riot control, VIP Security, Security of vital installations, rescue in disaster, election security and Border/Custom Security and other as per the requirement of situation.

To serve the people and the nation is the ultimate Mission of APF by preserving national sovereignty and integrity by the maintenance of peace and security in the country by protecting fundamental rights and duties of all Nepalese citizens.

‘Armed Police Act 2058’ has clearly stated in what conditions APF can be mobilized within the state. APF has already come up with the tasks specified by article 2.6.1 of the same act from the beginning and it will have to fulfill the future responsibilities earmarked by the government. Despite the very aim of the government in the insurgence period, it is supposed to protect the people and the country. Not only war time but considering even the peace time, following duties and responsibilities are assigned to this force:

i. To control armed conflictii. To control insurgency, rebellion or separatist movement

iii. To control terrorist activitiesiv. Management of crowd and riot controlv. Render active assistance in the relief activities incurred by natural calamities and

epidemic outbreak.vi. Rescue operation and hostage negotiation

vii. Border security

viii. To function as an auxiliary force under Nepalese Army during foreign intervention or internal mobilization

ix. To provide VVIP, VIP and Vital Installation security as prescribed by Government of Nepal

x. To carry out duties as mentioned in existing Laws of Land/Nationxi. To execute other duties as directed by Government of Nepal

Statement of the Problem

Issue of border security is the prime concern of any sovereign and independent state. It is regarded

as the major political agenda of any country. In the context of Nepal and India's dispute of border,

Nepal is facing problem of land encroachment from side of India. It is reported that Indian

government has occupied some areas of Nepalese land from Tinker of Mahakali to Jhapa districts.

This unregulated border between Nepal and India, also create threat to security for both countries.

Crime such as girl, child and women trafficking, kidnapping, murder, looting and dacoit are

occurring in ascending rate. The dispute of border may harm to the friendship between two if it is

not solved as soon as possible from diplomatic level. Crimes, as they are occurring across the

border of India and Nepal put the countries in worse condition.

Existing Nepalese Border security system has not become effective to protect its territory from land

encroachment by Indian side and it is not successful to maintain peace and security within the

Nepalese territory of border areas. Crimes are increasing and the territory of both states is being

converted as a play ground for criminals and underworld. They use one state's territory to commit

crime against others. As a result of the open border territory between the two nation terrorism has

flourished a lot in both countries. In the Nepalese context various groups of antinational elements

called by different names are trying to subvert and deviate people by illegal activities.

Both the governments of India and Nepal have been trying to take certain precautionary measures

to restrict movement illegally between the two nations. India has placed SSB and BSF in some of

the approach but for Nepal there were hardly few policemen responsible in restricting movement

illegally in the border. In this context, Armed Police Force has been given the responsibility of

custom/border security.

After deployment of APF in Custom/Border security, some improvements in the field of controlling

criminal activities and increment in revenue collection are seen. Despite the facts problems of

border areas have not been fully solved and the trans-border crimes are increasing day by day. Also

the amount of custom revenue can not be collected as it should be. The security situation is

deteriorating. Although different efforts were made by government, the problem remains

constantly.

In this scenario, the major problems realized by the researcher are to explore the present condition

of border between Nepal and India together with main issues of border area/custom system and

development after APF has been deployed. It was also found necessary to find out the causes and

effects of border/customs issues and to suggest the roles to be played by concerned party and best

practices to solve those problems. Therefore the researcher found it extremely necessary to study

about the performance of APF and find the solution of the problems mentioned above. So this

research work is an attempt to explore the fact and suggest concerned authorities.

Objectives of the Study

Due to the problem stated above, this research work has been carried out to accomplish the

following objectives:

To highlight the existing condition of border between Nepal and India/China and the

situation after APF has been deployed.

To find out how the collection tax revenue from custom duty can be increased.

To critically examine trans- border security problems which are faced by APF

To suggest or recommend for proper border management.

Rationale of the Study

This whole research is focused mainly on the contemporary issues of custom security and border related problems. Nepal is loosing its land due to the India behavior of encroachment. Crimes by organized criminal gangs also have been increasing. It has serious impact on the sovereign of Nepal and in its economic, political and social fields. People have started to flee from border areas after closing their industries and businesses due to threat of kidnapping and killing of family members.

In this context, role of security force plays vital role to safeguard the country. So Armed Police Force of Nepal which is deployed in the border. Previously APF was deployed as Border Patrol and Custom Securiy but later concept of border security emerged and it has been deployed as Border Security Force. Its deployment has somehow improved the situation but still improvements are necessary. This force needs to be equipped with modern equipments state of professionalism should be very high. Deductions are to be made to cope with the problems and some contemporary border issues will be discussed in this research.

Limitations of the Study

Conceptual Framework

Concept of Nepalese Border

Nepal lies between two largest countries China and India. Nepal as a yam between the two boulders

China in the North and India in the south, East and west. If we see the historical background then

we come to see that the Nepalese territory had extended up to Tista in the East and Sutlaj,

Killakangada in the west. This huge territory due circumstances come to Mechi River in the East

and Mahakali in the west, Himalayas in the North ad Terai in the south. The demarcation of the

territory between Nepal and China was made for the first time 2019 B. S and which has been

continuing till today whereas the Sugauli Treaty of 1872 BS was the first treaty signed between

Nepal and India demarcated the border between - India and Nepal. Since then many treaties and

activities has been conducted but still till today a lot of problems, conflicts have come up

concerning the territory between India and Nepal.

Nepal as a sovereign Nation with a territory area of 147181 sq. km has about 1800 km open border

with India. This open border neither has a No man's land between two countries and the people of

the two countries enjoy freedom of movement through this open border. Nepal and India has 1213

km of land connection as open border and rest there are rivers in between two nations.

The people of these two countries do not have any restriction of movement. This open border has

brought a lot of similarities in the religious, cultural aspect of the people and place. As the peoples'

personal interest one can remain in Nepal, eat breakfast in India and back to Nepal without a

passport or a legal permission of the government.

3.2 Historical Background of Open Border & Present Context

History have proved that Nepal from the past remain as independent nations. King Samundra Gupta

of India has described Nepal in the past and this has been proved by Ashok pillars at Lumbini.

Likewise with the signing of Sugauli Treaty in 1816 AD. The Indo-Nepal border has been

demarcated.

The Himalayan border has remain as a middle wall in north but even though two treaties with India

simultaneously treaty of 1860, 1917 B.S. has been signed the demarcation of the two nations till

remains a conflicting issue. At present time and again issue have come up between two nations of

the territory and the most recent is the issue of Kalapani. This has been become a big issue between

India and Nepal.

3.3 The Treaty of Sugauli and Nepal’s TerritoryDuring the third century AD Nepal was divided into so many small nations but the amazing fact

was that there was hardly any conflict among these nations. But when Prithvi Narayan Shah came

into the power these were conflict with the East India Company in around 42 different places. At

that time both Nepal and East India Company was extending the territory as far as they could and

there was no scientific demarcation between the two national border. This gave rise to a battle of

1814-16 and here Nepal was defeated and the treaty of Sugauli was signed in 1815. Nepal lost

around 40,000 square miles of land and then Nepal's present territory was remained finally.

Further more Nepal played a very important role in suppressing the mutiny of 1856 and because of

this Nepal obtained certain land from India called "Naya Muluk". Later on as it was said that

boundary line surveyed by the British Commissioner appointed for the purpose extending outward

and not the Mahakali river but the pillars are the demarcation between the two nations.

3.4 Problem Created Due to Open BorderIf we see the history of two Nation then the past there has been a sound relationship, cultural

exchange and open border never used to be a problem. With the passes of time open border has

been misused at various conditions. If we see the past open border was a boon and it could

beneficial to both nations for the following reasons.

i. Advantages

(a) Free access: In order to maintain a free access for the Gorkha soldiers to go for recruitment without any difficulty.

(b) Exporting: There might be the aim of exporting Indian and British Goods in the Nepalese market without customs and any difficulty.

(b) Cultural exchange: Both the nation had a lot of cultural, social similarity

and a large cultural exchange at times between two nations. Whatever in the past

cultural exchange like marriage and other religious ceremony was exchanged

between two nations.

ii. Disadvantages

This open border has caused many problems to both nations and governments. Some

of them are:

a. Smuggling illegally: Illegal smuggling of herbs valuable animals and raw material, timber to India as per the interest of British India Government.

b. Drugs smuggling: This is another serious problem due to the open border

between two nations. The open border has been a safe transit route to

international Mafias.

c. Women trafficking: This is another serious problem due to open border. A lot

of girls forcefully and with many reasons have been sent to and sold at various

places in India as prostitutes.

d. Illegal trade and stealing: Illegal earning of property and many more has been

made due to open border. Petrol and petroleum products are smuggled to India

and quick deforestation is another reason of open border. Some other problems

could be.

e. Cultural influence and domination

f. Influence in historical perspective

g. Barrage construction in the border.

h. Political influence and domination.

i. Refugee problem

Whatever may be the situation in the past this open border at present has caused following problems

to the nations:-

a. Peace & security: The citizens of Nepal and India and similar in the outlook. They

are very much similar in built and color. This similarity may cause problem to security in

both nations in maintaining law and order. Criminals can escape away easily. Criminals of

one place of a country can go to the other side without any difficulty and vice versa.

b. Illegal weapons: A lot of illegal weapons have been transferred safely through the

open border between two nations. Since the border is a safe route one can no doubt presume

that weapons have come from open border.

c. Occupation and interference: India has been occupying territory forcefully at

places time and again. We can take the example of the Indian police interference at the

capitals few years back.

d. Terrorist activities: Since the face of the Nepalese and the Indian citizen are very

much similar so terrorist of one place can act and safely escape to another country and vice

versa. This has given a support to the kidnappers and hitmans who finish up their job and find

a safe escape route.

Both the government of India and Nepal has been trying to take certain precautionary measures to

restrict movement illegally between the two nations. India has placed SSB and BSF in some of the

approach but for Nepal there were hardly few policemen responsible in restricting movement

illegally in the border. As a result of the open border territory between the two nation terrorism has

flourished a lot in both countries. In the Nepalese context various groups of antinational elements

called by different names are trying to subvert and deviate people by illegal activities. Various

antigovernment society or groups such as the people war group (PWG), united liberation front of

Assam (ULFA), National Democratic Front of Bodoland, Marxist communist center (MCC) have

been operating at various parts of India. Others antinational communities have using these two

nations as a base and a safe transit camp at times and again, the "Hijacking of India Airlines" has

proved this fact.

In Nepal also anti government elements seemed to be arising for a decade as CPN (Maoists) started

their insurgency. Because of the long open border between Nepal and India it has proved to be a

safe route and a free axis for the movement of Maoists. However CPN Maoist came to the

mainstream of national politics through constitution assembly, many other terrorist as well as

criminal groups emerged by their various names. Criminals wanted in one country can easily escape

to the neighbor country and remain there as per their necessity. In the context of Nepal and India

also due to the open border there has been a great support in iron border terrorism. Some reasons

are:-

a. Safe Shelter for high rank and top leaders of terrorist organization

b. Economic and Moral Support

c. Training and logistic back up for terrorist groups:

d. Explosion and escape easily: For e.g; in 2046 revolution, Indian terrorist group enter

Nepal and destroy so many government installation.

e. Kidnapping of politicians and businessmen

f. Muslim fundamentalist Movement

3.5 Some Nepal-India Border ConflictDifferent part of Nepal-India border there is a conflict going on at different place some of the

conflicting places are

(a) Kalapani It is origin of the Mahakali River in West. The conflicting land has been declared by India to be their and Nepal has said that the land is Nepal’s and the areas is a disputed over and to be very clear, Indian government have placed their check post in the conflicting land as well.

(c) Susta, Nawalparasi Susta another disputed land of Nepal. The land is like an

island created by Gandak River and here due to the migration people started living and it

was easy to come to Susta from India. Indian migrated to these place and here lived both

Nepali and well as Indian as India has declared this land to be their,

(d) Some other very popular disputed parts of land are Tanakpur, Bardhiya, Maheshpur,

Chitwan Parsa, Birjung, Chatara of Sunsari, Morong, Kapibulbastu, Rupendehi,

Kanchanpur, Pashupatinager of Illam, Taplejung etc.

2.3 APF in Custom Security

Custom duty is the main source of revenue in Nepal. Every country collects tax from imports or

exports goods and materials with certain rules and regulations. Nepal also has regulated its custom

management system by various regulatory acts like Revenue Leakage Act, 2052; Custom Act, 2019

and different treaties with India signed in different time but none of the treaties between Nepal and

India ever mentions the procedures for the regulation of the Nepal-India border. The trade

agreement has specified the agreed routes for mutual trade. But there is no agreement regarding

movement of the people and the agreed routes for movement of people of both countries along the

border.

As for trade, there are 22 agreed transit and customs posts along the Nepal-India border (See

Appendix A). The concept of open border between Nepal and India has remained an enigma.

Besides, there are several sub-customs posts. It is alleged that it is possible to have illegal

movement of people and goods in collaboration with personnel deputed in those posts (Shrestha,

op.cit.,69).

There are six immigration points along the Indo Nepal border for the entry and exit of nationals

from the third countries namely Banbasa, Dhangadhi, Nepalganj, Bhairahawa (Sunauli), Birgunj

and Kakarbhita and all-together eight main customs posts along Nepal India and Nepal China

borders with the additional of 143 Choti Bhansar (sub-customs posts). Nepal has transit treaty with

India only. Nepal has established three dry ports on the Nepalese side for the transport of goods

directly to and from Calcutta port. They are in Biratnagar, Sirshiya east of Birgung and Bhairahawa.

The dry port of Sirshiya has provision of railway connection via Raxaul to Calcutta port.

There is no denying fact from the practical point of view to have illegal smuggling of goods,

trafficking of girls to brothels in Indian cities, trafficking of narcotic drugs, arms, ammunition, and

movement of criminals and terrorists (ibid.). In principle, both Nepal and India have positively

agreed to control such illegal activities along the border, but there is lack of an effective and

practical approach (ibid).

Due to open border system and weak security management, the increasing tendency of fraud by

avoiding the designated custom points and trading through illegal routes has cut down the overall

revenue of the country. Moreover, there is no denying the fact that customs on both sides of the

border are involved in corrupt practices. The heavy fall in revenue collection from custom duty

was found due to the following reasons:

a. Due to open and wide border system with India goods are transported from illegal

routes.

b. Political instability

c. Illiteracy, poverty and unemployment

d. No proper security checks due lack of adequate number of personnel and female

checking officer.

e. Undervaluation of goods with respect to market value and quality.

f. Unwanted political intervention especially to release the culprit.

g. The scope of role and authority is not clearly specified.

h. Non existence of government agencies in sub custom points.

i. Uncontrolled trend of corruption.

j. Frequent strikes, so-called ‘Bandas’ and criminal activities near border areas

k. Lack of adequate resources and proper incentives for informants

l. Due to 3 monthly relief system of APF, police staffs will not have area knowledge.

m. Lack of coordination between concerned authorities.

n. Ineffective tax policy and traditional system of revenue collection

Controlling these illegal trades was not possible by only civilian police and custom duty staffs but

also the need of effective armed forces has been realized. Since the customs offices, located on the

Nepali frontier of the Nepal-India border, have not been able to raise government revenue by

checking illegal exports of goods , the then His Majesty's Government of Nepal decided to

mobilized the then Royal Nepalese Army soldiers for custom patrolling beginning form 01 Chaitra,

2057(14th March, 2001). Such patrolling teams had been deployed within the border areas of 12

customs offices and 89 sub-customs offices (Shrestha, op.cit.,101). As Armed Police Force was

established in 2058 BS as only one paramilitary force of the country with mandate of securing

border too (APF Act 2058, Article 6.7), APF was supposed to carry out those tasks of Custom

security. In the preliminary phase, due to lack of strength and inadequate resources Nepal army

took the responsibility till 2061 BS. As some strength of APF was increased, APF began to deploy

a company size force which was decided by cabinet on 2061-04-11. Nepal Army and APF both

carried out the duty along the border with India and China as well. Finally Nepal Army was

repatriated and APF held full responsibility of Custom Security since 2061-08-01.

8 Research Methodology

8.1Research Design

8.2Data Collection

CHAPTER I

INTRODUCTION

1.1 Introduction to APF

National Security is the major concern of every state in this modern age of 21st century. Security is considered as a paramount, constant and compelling interest, which a nation has to consider while formulating its policy particularly towards its neighbours (Dharamdasani, 2001:5). Increasing conflict and terrorism has posed a great challenge to every nation against peace and security. To cope with these challenges, every nation has different security organizations to defend from external threat as well as internal crime and disorder. Most of the countries have their Military, Para-Military Force, Border Security Force, Civilian Police, Intelligence Bureau and other agencies with special mission, tasks, responsibilities, authorities and organizational structures to protect the nation from external and internal threats.

Nepal is a landlocked country lying between India and China. Nepal Army and Nepal Police were only two armed forces till 2057 BS. Since Indo-Nepal border is still open border numerous crimes and illegal transactions were found to take place around the border areas. Also during past decades Nepal had undergone a fatal insurgency which caused numerous impacts on social, political and economic sector. At that time essence of organized, well equipped and efficient armed force (para-military organization) was realized. As a result Nepal Armed Police Force (APF) was established on 9th Magh 2057 with a motto of “Peace, Security, Commitment” with the aim of 25,000 strength. Currently 209 APF units are functioning in almost all major places throughout the country with its total strength of 25,780.

From the beginning APF has played important roles to maintain law and order especially in the field of combating terrorism, armed rebellion and struggle, riot control, VIP Security, Security of vital installations, rescue in disaster, election security and Border/Custom Security and other as per the requirement of situation.

1.2 Functions & Mobilization of APF

To serve the people and the nation is the ultimate Mission of APF by preserving national sovereignty and integrity by the maintenance of peace and security in the country by protecting fundamental rights and duties of all Nepalese citizens.

‘Armed Police Act 2058’ has clearly stated in what conditions APF can be mobilized within the state. APF has already come up with the tasks specified by article 2.6.1 of the same act from the beginning and it will have to fulfill the future responsibilities earmarked by the government. Despite the very aim of the government in the insurgence period, it is supposed to protect the people and the country. Not only war time but considering even the peace time, following duties and responsibilities are assigned to this force:

xii. To control armed conflictxiii. To control insurgency, rebellion or separatist movementxiv. To control terrorist activitiesxv. Management of crowd and riot control

xvi. Render active assistance in the relief activities incurred by natural calamities and epidemic outbreak.

xvii. Rescue operation and hostage negotiationxviii. Border security

xix. To function as an auxiliary force under Nepalese Army during foreign intervention or internal mobilization

xx. To provide VVIP, VIP and Vital Installation security as prescribed by Government of Nepal

xxi. To carry out duties as mentioned in existing Laws of Land/Nationxxii. To execute other duties as directed by Government of Nepal

In addition to the duties and responsibilities specified by ‘APF Act 2058’ Government of Nepal through Home Ministry has been allotting some specialized tasks time to time and publishes it in Nepal Gadget. As and example of it, Government issued a memorandum on 2063/10/04 stating the following tasks to be executed by APF considering the deteriorating the security situation and also the constituent assembly:-

i. APF brigades and battalions will continuously analyze and report the security situation within their area of responsibility.

ii. Establish check post and patrol the area including highway coordinating with local administration and civil police.

iii. If any riot tends to loss of life and property and is uncontrollable by Nepal Police, APF will handle the situation on the request of CDO and District Security Committee.

iv. Considering border security, patrol the bordering areas, entry & exit points and vulnerable areas of highway.

v. Control Snuggling, trans-border crimes and illegal trades coordinating with CDO and counterparts security officials across the border.

vi. Provide security to VVIPs and Vital Installations on order of Shanti Suraksha Sakha, Home Ministry.

vii. Immediately deploy in any kind of natural disaster and relief the people, if occurred.viii. In case of any occurred or would be serious crime within the AOR, take action to control

the situation, arrest suspects, seize property, protect the crime spot, collect evidences, rescue the injured and forward all to Nepal Police for further investigation.

ix. To provide effective security during constituent election especially election office, personnel, material, candidates etc.

x. Secure national and international airports as ordered by government.xi. Establish permanent and temporary base camps at or near vulnerable areas.

APF is only Para Military Force of Nepal, with the basic role of maintaining law and order and

contains insurgency; its role is that of a catalyst in maintaining law and order and cracking down

terrorist activities. APF is also mobilized for various police duties such as security of VVIP/ VIP,

security of vital installations and also mobilization during outbreak of riot and public unrest. APF is

a national security force both in deployment and in its composition. Due to its unique capabilities to

quickly adapt to various situational requirements, and also ability to work in perfect harmony and

coherence with Nepalese Army and Nepal Police, Armed Police Force over the years, has acquired

the distinction of being the trusted security force. Also APF in its initial years of service has

emerged as an elite paramilitary force of the country having excelled with distinction in counter

insurgency and security provision with its motto ‘Peace Security Commitment ‘ and the ethos ‘Any

Task-Any Time-Any Where’(http://www.apf.gov.np/deploy)

1.3 Deployment

APF has its headquarters in Kathmandu and with five regional brigades in the five development regions of Nepal, 14 fighting zonal battalion in the 14 administrative zones, 18 Border Security Offices in 18 bordering Terai districts, 4 training institutions and others as per the national security requirement. The exact deployment of APF showing all functioning units and sub units are as follows:

APF HQ 1

Secretariat of National Security Council 1

Nepal APF Hospital 1

APF Academy 1

Nepal APF School 1

APF Brigades (Incl Valley Brigade) 6

APH Training Institutions 3

APF Battalions 24

APF Border Security Offices 18

Independent Company (Bagh Bhairab) 1

APF Custom Security Bases 9

APF Jail Security Bases 3

VIP/ Vital Security Offices 20

Diplomatic Mission Security 8

Special Security Deployments 4

APF Temporary Bases 8

APF Bhutanese Refugees Camp 7

APF Security Base Camps 77

Total 209

(Source: Armed Police Headquarters, Halchowk)

1.4 Organizational Structure

(Source: Armed Police Headquarters, Halchowk)

Valley BdeKathmandu

Mid Western Bde, Kohalpur

Western BdePokhara

Eastern BdePakali

APF Battalions (24)

Border Security Office (18)

Mid BdePathlaiya

Border Security Dept

APF Academy

HRDOperation Dept

IGP’s Secretariat National Security Council

Intelligence

Administration Dept

Armed Police HQ

Training CenterNaubasta

Tactical Training Center, Bardaghat

Training SchoolLapapatan

CHAPTER II

CUSTOM PRACTICES AND SECURITY

2.1 Custom Practices of Nepal with India

The development of market towns took place along the Nepal India border, mostly near the Indian

railway heads since the early twentieth century. These towns along the Terai emerged as trade

routes between Nepal and India with some trade points located in the hills along border in the east

and the west. The development of numerous transit points emerged during different period after

1951 (Shrestha, 2001:3). The following are the mutually agreed main trade routes for trade between

Nepal and India and also transit points for access to sea from Calcutta port.

2.2 Agreed routes for Mutual Trade Nepal/India:

The followings are the agreed routes for mutual trade between Nepal and India:

Pashupatinagar / Sukhia Pokhari, Kakarbhitta / Naxalbari, Bhadrapur / Galgalia, Biratnagar /

Jogbani, Setobandha / Bhimnagar, Rajbiraj / Kunauli, Siraha, Janakpur / Jayanagar, Jaleswar /

Bhitamore(Sursand), Malangawa / Sonabarsa, Gaur / Bairgania, Birgunj / Raxaul, Bhairahawa /

Nautanwa, Taulihawe / Khunwa, Krishnanagar / Barhni, Koilabas / Jarwa, Nepalgunj / Nepalgunj

Road, Rajapur / Katerniyaghat, PrithPrithvipur / Sati (Kailali) / Tikonia, Dhangadhi / Gauriphanta,

Mahendranagar / Banbasa, Mahakali / Jhulaghat (Pithoragarh) and Darchula / Dharchula

Out of these there are 15 transit points directly connected from Nepalese border to Calcutta port,

which are:

Sukhia Pokhari, Naxalbari/Panitanki, Galgalia, Jogbani, Bhimnagar, Jayanagar, Bhitamore, Raxaul,

Nautanwa/Sunuali, Barhni, Jarwa, Nepalgunj Road, Tikonia, Gauriphanta and Banbasa

 (Source: Department of Customs, HMG/Nepal)

2.3 APF in Border Patrol and Custom Security

Custom duty is the main source of revenue in Nepal. Every country collects tax from imports or

exports goods and materials with certain rules and regulations. Nepal also has regulated its custom

management system by various regulatory acts like Revenue Leakage Act, 2052; Custom Act, 2019

and different treaties with India signed in different time but none of the treaties between Nepal and

India ever mentions the procedures for the regulation of the Nepal-India border. The trade

agreement has specified the agreed routes for mutual trade. But there is no agreement regarding

movement of the people and the agreed routes for movement of people of both countries along the

border.

As for trade, there are 22 agreed transit and customs posts along the Nepal-India border (See

Appendix A). The concept of open border between Nepal and India has remained an enigma.

Besides, there are several sub-customs posts. It is alleged that it is possible to have illegal

movement of people and goods in collaboration with personnel deputed in those posts (Shrestha,

op.cit.,69).

There are six immigration points along the Indo Nepal border for the entry and exit of nationals

from the third countries namely Banbasa, Dhangadhi, Nepalganj, Bhairahawa (Sunauli), Birgunj

and Kakarbhita and all-together eight main customs posts along Nepal India and Nepal China

borders with the additional of 143 Choti Bhansar (sub-customs posts). Nepal has transit treaty with

India only. Nepal has established three dry ports on the Nepalese side for the transport of goods

directly to and from Calcutta port. They are in Biratnagar, Sirshiya east of Birgung and Bhairahawa.

The dry port of Sirshiya has provision of railway connection via Raxaul to Calcutta port.

There is no denying fact from the practical point of view to have illegal smuggling of goods,

trafficking of girls to brothels in Indian cities, trafficking of narcotic drugs, arms, ammunition, and

movement of criminals and terrorists (ibid.). In principle, both Nepal and India have positively

agreed to control such illegal activities along the border, but there is lack of an effective and

practical approach (ibid).

Due to open border system and weak security management, the increasing tendency of fraud by

avoiding the designated custom points and trading through illegal routes has cut down the overall

revenue of the country. Moreover, there is no denying the fact that customs on both sides of the

border are involved in corrupt practices. The heavy fall in revenue collection from custom duty

was found due to the following reasons:

o. Due to open and wide border system with India goods are transported from illegal

routes.

p. Political instability

q. Illiteracy, poverty and unemployment

r. No proper security checks due lack of adequate number of personnel and female

checking officer.

s. Undervaluation of goods with respect to market value and quality.

t. Unwanted political intervention especially to release the culprit.

u. The scope of role and authority is not clearly specified.

v. Non existence of government agencies in sub custom points.

w. Uncontrolled trend of corruption.

x. Frequent strikes, so-called ‘Bandas’ and criminal activities near border areas

y. Lack of adequate resources and proper incentives for informants

z. Due to 3 monthly relief system of APF, police staffs will not have area knowledge.

aa. Lack of coordination between concerned authorities.

bb. Ineffective tax policy and traditional system of revenue collection

Controlling these illegal trades was not possible by only civilian police and custom duty staffs but

also the need of effective armed forces has been realized. Since the customs offices, located on the

Nepali frontier of the Nepal-India border, have not been able to raise government revenue by

checking illegal exports of goods , the then His Majesty's Government of Nepal decided to

mobilized the then Royal Nepalese Army soldiers for custom patrolling beginning form 01 Chaitra,

2057(14th March, 2001). Such patrolling teams had been deployed within the border areas of 12

customs offices and 89 sub-customs offices (Shrestha, op.cit.,101). As Armed Police Force was

established in 2058 BS as only one paramilitary force of the country with mandate of securing

border too (APF Act 2058, Article 6.7), APF was supposed to carry out those tasks of Custom

security. In the preliminary phase, due to lack of strength and inadequate resources Nepal army

took the responsibility till 2061 BS. As some strength of APF was increased, APF began to deploy

a company size force which was decided by cabinet on 2061-04-11. Nepal Army and APF both

carried out the duty along the border with India and China as well. Finally Nepal Army was

repatriated and APF held full responsibility of Custom Security since 2061-08-01.

Since the time APF replaced the deployment of Nepalese Army till now the following APF units

are deployed and functioning as Custom Security at different border points:-

i. APF Custom Security Base Kakadvitta (Estd 2061-03-01)

ii. APF Custom Security Base Rani, Biratnagar (Estd 2061-03-01)

iii. APF Custom Security Base Vittamod (Estd 2061-02-31)

iv. APF Custom Security Base, Birgunj (Estd 2061-03-01)

v. APF Custom Security Base, Sunauli (Estd 2061-03-01)

vi. APF Custom Security Base, Krishnanagar (Estd 2061-02-32)

vii. APF Custom Security Base, Jamunaha (Estd 2061-03-12)

viii. APF Custom Security Base, Gaddachauki (Estd 2061-10-03)

ix. APF Custom Security Base, Tatopani (Estd 2061-10-03)

To better regulate the mobilization of APF in custom duty, some important decisions are made by

Central Coordination committee chaired by Secretary of Finance on 2063-02-19 and 2063-08-19

about aim, scope, duties and responsibilities, limitations and resources to be provided to the custom

patrol unit.

The main aim of deploying the border patrol unit is to control illegal trade and increase the revenue

with better coordination with chief of respective custom office and other agencies. For this the

patrol unit will show initiative and exercise all rights mentioned especially by ‘Custom Act - 2019’

and other relevant laws. The scope of custom patrol unit is limited only to check and investigate the

illegal trade (import, export and storage) from outside the custom area if supported by reliable

information. In case of controversy related to the goods inspected by and transported through

custom units, the further investigation will be carried out by ‘Rajaswa Anusandhan Bibhag’. Except

there is possibility of illegal trade and transportation of arms, ammunitions and explosives, other

tasks like signing or stamping the custom documents, cross checking the quantity of goods, rate and

valuation by establishing the check point are forbidden to APF custom patrol unit. Regarding the

facilities and physical resources, the respective mother units of Armed Police Force will provide

salary, allowances, arms, ammunitions and signal equipments. Besides, others like accommodation,

transportation with fuel and maintenance, stationary, torch light and battery are to be provided by

the respective custom office in the border. The budget necessary for it will be issued by finance

ministry and will inform the mother unit of border patrol and custom security unit of APF that may

be either APF battalion or brigade.

The prime duty of these units is to increase tax revenue (custom duty) by supporting custom office

and coordinating with other civil and government agencies. APF is now performing its duty by

vigorous patrolling, establishing check-point, surveillance, arresting the criminal, seizing the illegal

goods and submit it to custom authorities.

Since APF deployed in Custom Security duty, it is found to increase in revenue collection from

custom duty and also able to maintain law and order in some extent. However existence of criminal

groups and emergence of some new terrorist organization in border area has added more challenge

to APF and showed the necessity of professionalism by modernizing and equipping it with

sufficient resources.

The following chart shows the comparative analysis of custom revenue collected from each of the

custom points in the fiscac year 2064/2065 after mobilizing APF in custom security.

(Source: Border Security Department, APF HQ)

2.4 How to Improve?

The following ways are noted for Improving Custom Security and revenue collection during the entire

research work:-

a. Diplomatic effort to systematize the border control system with neighboring countries.

b. Mobilize trained and professional manpower

c. Take strict action immediately in case of corruption. Establish Code of Conduct and strictly

apply it.

d. Create sound environment for traders around border areas.

e. Provision of attractive incentive to the informants and the personnel.

f. Specify clear role and responsibilities of APF and other security agencies.

g. Increase the number of border out posts well enough to cover the wider border front.

h. Employ modern equipments like Metal Detector, Narcotic Drug Identification Kit, X-Ray

Machine, Walk-through Gate (Airports), Explosive detector, Extension Mirror, CDMA Modem,

Scanner, GPS, Still and Video Digital camera, Infra-red lamps and others

i. Regular meeting and coordination between security units, local administration and foreign

counterparts.

j. Review the custom duty system, rates, terms and conditions of services by government level.

CHAPTER III

CONCEPT OF BORDER AND SECURITY

3.1 Concept of Nepalese Border

Nepal lies between two largest countries China and India. Nepal as a yam between the two boulders

China in the North and India in the south, East and west. If we see the historical background then

we come to see that the Nepalese territory had extended up to Tista in the East and Sutlag,

Killakangada in the west. This huge territory due circumstances come to Mechi River in the East

and Mahakali in the west, Himalayas in the North ad Terai in the south. The demarcation of the

territory between Nepal and China was made for the first time 2019 B. S and which has been

continuing till today whereas the Sugauli Treaty of 1872 BS was the first treaty signed between

Nepal and India demarcated the border between - India and Nepal. Since then many treaties and

activities has been conducted but still till today a lot of problems, conflicts have come up

concerning the territory between India and Nepal.

Nepal as a sovereign Nation with a territory area of 147181 sq. km has about 1800 km open border

with India. This open border neither has a No man's land between two countries and the people of

the two countries enjoy freedom of movement through this open border. Nepal and India has 1213

km of land connection as open border and rest there are rivers in between two nations.

The people of these two countries do not have any restriction of movement. This open border has

brought a lot of similarities in the religious, cultural aspect of the people and place. As the peoples'

personal interest one can remain in Nepal, eat breakfast in India and back to Nepal without a

passport or a legal permission of the government.

3.2 Historical Background of Open Border & Present Context

History have proved that Nepal from the past remain as independent nations. King Samundra Gupta

of India has described Nepal in the past and this has been proved by Ashok pillars at Lumbini.

Likewise with the signing of Sugauli Treaty in 1816 AD. The Indo-Nepal border has been

demarcated.

The Himalayan border has remain as a middle wall in north but even though two treaties with India

simultaneously treaty of 1860, 1917 B.S. has been signed the demarcation of the two nations till

remains a conflicting issue. At present time and again issue have come up between two nations of

the territory and the most recent is the issue of Kalapani. This has been become a big issue between

India and Nepal.

3.3 The Treaty of Sugauli and Nepal’s TerritoryDuring the third century AD Nepal was divided into so many small nations but the amazing fact

was that there was hardly any conflict among these nations. But when Prithvi Narayan Shah came

into the power these were conflict with the East India Company in around 42 different places. At

that time both Nepal and East India Company was extending the territory as far as they could and

there was no scientific demarcation between the two national border. This gave rise to a battle of

1814-16 and here Nepal was defeated and the treaty of Sugauli was signed in 1815. Nepal lost

around 40,000 square miles of land and then Nepal's present territory was remained finally.

Further more Nepal played a very important role in suppressing the mutiny of 1856 and because of

this Nepal obtained certain land from India called "Naya Muluk". Later on as it was said that

boundary line surveyed by the British Commissioner appointed for the purpose extending outward

and not the Mahakali river but the pillars are the demarcation between the two nations.

3.4 Problem Created Due to Open BorderIf we see the history of two Nation then the past there has been a sound relationship, cultural

exchange and open border never used to be a problem. With the passes of time open border has

been misused at various conditions. If we see the past open border was a boon and it could

beneficial to both nations for the following reasons.

iii. Advantages(a) Free access: In order to maintain a free access for the Gorkha soldiers to go for recruitment without any difficulty.

(b) Exporting: There might be the aim of exporting Indian and British Goods in the Nepalese market without customs and any difficulty.

(e) Cultural exchange: Both the nation had a lot of cultural, social similarity

and a large cultural exchange at times between two nations. Whatever in the past

cultural exchange like marriage and other religious ceremony was exchanged

between two nations.

iv. Disadvantages

This open border has caused many problems to both nations and governments. Some

of them are:

a. Smuggling illegally: Illegal smuggling of herbs valuable animals and raw material, timber to India as per the interest of British India Government.

b. Drugs smuggling: This is another serious problem due to the open border

between two nations. The open border has been a safe transit route to

international Mafias.

c. Women trafficking: This is another serious problem due to open border. A lot

of girls forcefully and with many reasons have been sent to and sold at various

places in India as prostitutes.

d. Illegal trade and stealing: Illegal earning of property and many more has been

made due to open border. Petrol and petroleum products are smuggled to India

and quick deforestation is another reason of open border. Some other problems

could be.

e. Cultural influence and domination

f. Influence in historical perspective

g. Barrage construction in the border.

h. Political influence and domination.

i. Refugee problem

Whatever may be the situation in the past this open border at present has caused following problems

to the nations:-

e. Peace & security: The citizens of Nepal and India and similar in the outlook. They

are very much similar in built and color. This similarity may cause problem to security in

both nations in maintaining law and order. Criminals can escape away easily. Criminals of

one place of a country can go to the other side without any difficulty and vice versa.

f. Illegal weapons: A lot of illegal weapons have been transferred safely through the

open border between two nations. Since the border is a safe route one can no doubt presume

that weapons have come from open border.

g. Occupation and interference: India has been occupying territory forcefully at

places time and again. We can take the example of the Indian police interference at the

capitals few years back.

h. Terrorist activities: Since the face of the Nepalese and the Indian citizen are very

much similar so terrorist of one place can act and safely escape to another country and vice

versa. This has given a support to the kidnappers and hitmans who finish up their job and find

a safe escape route.

Both the government of India and Nepal has been trying to take certain precautionary measures to

restrict movement illegally between the two nations. India has placed SSB and BSF in some of the

approach but for Nepal there were hardly few policemen responsible in restricting movement

illegally in the border. As a result of the open border territory between the two nation terrorism has

flourished a lot in both countries. In the Nepalese context various groups of antinational elements

called by different names are trying to subvert and deviate people by illegal activities. Various

antigovernment society or groups such as the people war group (PWG), united liberation front of

Assam (ULFA), National Democratic Front of Bodoland, Marxist communist center (MCC) have

been operating at various parts of India. Others antinational communities have using these two

nations as a base and a safe transit camp at times and again, the "Hijacking of India Airlines" has

proved this fact.

In Nepal also anti government elements seemed to be arising for a decade as CPN (Maoists) started

their insurgency. Because of the long open border between Nepal and India it has proved to be a

safe route and a free axis for the movement of Maoists. However CPN Maoist came to the

mainstream of national politics through constitution assembly, many other terrorist as well as

criminal groups emerged by their various names. Criminals wanted in one country can easily escape

to the neighbor country and remain there as per their necessity. In the context of Nepal and India

also due to the open border there has been a great support in iron border terrorism. Some reasons

are:-

g. Safe Shelter for high rank and top leaders of terrorist organization

h. Economic and Moral Support

i. Training and logistic back up for terrorist groups:

j. Explosion and escape easily: For e.g; in 2046 revolution, Indian terrorist group enter

Nepal and destroy so many government installation.

k. Kidnapping of politicians and businessmen

l. Muslim fundamentalist Movement

3.5 Some Nepal-India Border ConflictDifferent part of Nepal-India border there is a conflict going on at different place some of the

conflicting places are

(a) Kalapani It is origin of the Mahakali River in West. The conflicting land has been declared by India to be their and Nepal has said that the land is Nepal’s and the areas is a disputed over and to be very clear, Indian government have placed their check post in the conflicting land as well.

(f) Susta, Nawalparasi Susta another disputed land of Nepal. The land is like an

island created by Gandak River and here due to the migration people started living and it

was easy to come to Susta from India. Indian migrated to these place and here lived both

Nepali and well as Indian as India has declared this land to be their,

(g) Some other very popular disputed parts of land are Tanakpur, Bardhiya, Maheshpur,

Chitwan Parsa, Birjung, Chatara of Sunsari, Morong, Kapibulbastu, Rupendehi,

Kanchanpur, Pashupatinager of Illam, Taplejung etc.

3.6 Management of Border by India

3.6.1 General

It has been learnt that India has divided Nepal's districts lying along the frontier of India into

different categories from the security viewpoint. Under the scheme, India has acknowledged 570

km. long plain, open border line linked with Nepal's 8 districts ranging from Kanchanpur to

Nawalparasi as 'security sensitive ', and similarly, the 765 km long plain borderline linked with 12

districts beginning from Chitawan to Jhapa in the east has been classified as 'observation area'.

Accordingly, the 215 km long area covering 3 districts to the north of Jhapa and the 258 km hilly

border area encompassing 3 districts to the of Kanchanpur have also been classified as normal area.

(Shrestha, op.cit.,100).

Source: Shrestha, 2003, Border

3.6.2 Security Aspects

Indian military post have been established in border areas at a proportion of each post covering 3 to

5 km of the border line considered as 'sensitive' by India, and 30 to 50 paramilitary soldiers have

been deployed at each post. Similarly, in border areas considered as 'under observation', military

have been by taking into account the distance of 5 to 7 km for each post, and deploying 20 to 50

soldiers in each post. Regarding 'normal areas', military post have been established at a rate of each

post at the distance of 20 km, and 40 SSB soldier have been deployed in each of them (ibid.).

3.7 Nepal-China Border Management

The border between China and Nepal is said to be controlled border as the nationals of both country

require visa to enter other side. Previously, visa was not necessary to visit Hong Kong for Nepali

citizen but after China regained the control over Hongkong, it is made essential. There are only few

crossing points by land from where people move from one country to another (see annex B). Kodari

Highway is one of them. Nepal-China Border Treaty 1960 has restricted to deploy military force

within the frontier of 20 km from each side. Only civilian and administrative authorities may

remain there in order to prevent possible clashes between the two army.

CHAPTER IV

ARMED POLICE FORCE IN BORDER SECURITY

4.1 General BackgroundIndia has deployed special security force, named SSB assigning the special task only to secure the

border. The consequences of which, India has beard minimum-security problem along the border in

comparison to Nepal. The former deployment of Nepal Army and Armed Police Force as border

patrol and custom security was mainly to enhance the revenue. Therefore the security forces could

not give due attention regarding the border security at past and this led towards the deployment of

para-military force (APF) all along the border.

As we see the main objective behind deploying Para-military forces by India along the open border

with Nepal is stated to be the control of terrorist activities, smuggling, transport of illegal weapons

and the undesirable activities against India, where as the deployment of security forces of Nepal

was primarily to enhance the rate of revenue collection rather than border security. In the context of

trans-border security, it has been realized that it is necessary to change the existing open border

system between the countries into the regulated border system, in order to consolidate national

security and eradicate illegal and criminal activities (ibid.,106).

In this context, Nepal felt necessary to cope with complex challenges of Trans-border Security

issues such as

i. Prevent Smuggling of arms, ammunitions and explosives,

ii. Control of internal and external terrorism,

iii. Counter narcotic drug crime,

iv. Secure national border areas and community,

v. Control illegal trafficking of goods and humans

vi. And maintain cordial bilateral relation with neighboring countries

Considering the fact, Government of Nepal also decided to deploy Armed Police Force not only to

enhance the revenue collection but also to secure the border. As a result a new department called

Border Security Department under Armed Police Force HQ was established and started to function

since 2064-09-27 following the cabinet decision and tasked Armed Police Force to:

i. Promote sense of security among the people living in the border areas

ii. Secure the borders & pillars of the country by establishing border outposts

iii. Protect from encroachment from by proper demarcation of border line.

iv. Prevent trans-border crimes, unauthorized entry into or exit from the territory of Nepal

v. Prevent smuggling and other trans-border illegal activities

vi. Policing, patrolling and ambushes along the border

vii. Organize an effective intelligence system

viii. Establish liaison with local population, authorities and agencies of counterpart

ix. Provide aid to civil authorities during natural calamities

x. Carryout counter insurgency and terrorist operation

xi. Control of arms, ammunitions & explosive trafficking

xii. Prevent narcotic and human trafficking

xiii. To perform mandated tasks including riot control, unwanted activities in bordering areas.

(Source: Border Security Department, APF HQ)

After Department of Border Security established, it started scanning the border environment and analyzing the situation. As it is not possible to tackle all the security issues staying at Kathmandu, The department proposed to establish 18 Border Security Offices along the southern border in first phase and forwarded it to Government of Nepal. As it is approved by the cabinet decision, the following 18 Border Security Offices have been established in different border areas of southern Nepal (See also Appendix B).

1. Border Security Office Chandragadhi-5, Jhapa (Estb: 2064-01-29)

2. Border Security Office Biratnagar-20, Morang (Estb: 2064-02-15)

3. Border Security Office Inaruwa-5, Sunsari (Estb: 2064-02-14)

4. Border Security Office Bishnupur-8, Saptari (Estb: 2064-02-06)

5. Border Security Office Siraha-1,Siraha (Estb: 2064-02-07)

6. Border Security Office Malangawa-9, Sarlahi (Estb: 2064-01-19)

7. Border Security Office Jaleshwor-5, Mahottari (Estb: 2064-02-17)

8. Border Security Office Janakpur-14, Dhanusa (Estb: 2064-01-10)

9. Border Security Office Gaur-8, Rautahat (Estb: 2064-01-14)

10. Border Security Office Kalaiya-5, Bara (Estb: 2064-01-10)

11. Border Security Office Birgunj-9, Parsa (Estb: 2064-01-09)

12. Border Security Office Siddharthanagar-12, Rupandehi (Estb: 2064-01-30)

13. Border Security Office Ramgram-12 , Nawalparashi (Estb: 2064-02-02)

14. Border Security Office Kapilbastu-5, Kapilbastu (Estb: 2064-09-16)

15. Border Security Office Bhawanipur-3, Banke (Estb: 2063-12-21)

16. Border Security Office Sanoshree-3, Bardia (Estb: 2064-01-17)

17. Border Security Office Dhangadhi-4, Kailali (Estb: 2064-10-02)

18. Border Security Office Mahendranagar-4, Kanchanpur (Estb: 2064-02-02)

(Source: Border Security Department, APF HQ)

The structures of newly established BSD headed by Additional Inspector General of APF and Border Security Office headed by Superintendent of APF with total strength of 237 are shown in the following organizational charts.

4.2 Org Structure of APF Border Security Department

(Source: Border Security Department, APF HQ)

4.3 Deployment of Various Units under Border Security Department

(Source: Border Security Department, APF HQ)

4.4 Organizational Structure of APF Border Security Office

4.5 Strength of APF Border Security Office

Per BSO Total (18 Units)

SP - 1 SP - 18

DySP - 2 DySP - 36

Insp - 5 Insp - 90

SI - 8 SI - 144

ASI - 12 ASI - 216

SHC - 23 SHC - 414

HC - 25 HC - 450

AHC - 40 AHC - 720

Const- 110 Const - 1980

Folls - 11 Folls - 198

Total 237 Total - 4266

(Source: Border Security Department, APF HQ)

4.6 Rationale of Some Important Branches/Sections

Organizational structure of Border Security Office shown above has different Sections and branches. Branches like Administration, Operation, Logistics and others are similar to the rest units of APF. However some special branches need special attention, which are as follows:

4.6.1 INTERPOL Branch

One of the functions of BSD is to control of Trans-Border Crime and continuously tracking and watching the activities of international criminals. For this exchange of information is necessary through INTERPOL section to many countries over the world. Moreover there should be one internal liaison officer to coordinate on border security matters within the country and an international liaison officer to coordinate and foster warm relationship with other countries. It is also recommended to assign one higher level official to act as coordinator in Nepalese Embassy New Delhi, India

4.6.2 Intelligence Branch

Intelligence plays vital role to control trans-border crime such as trade & transport of arms and ammunition, human and drugs trafficking, terrorism and organized crimes. The intelligence branch under BSD is to coordinate and share criminal intelligence as well as public order intelligence with Nepal Army, Nepal Police, National Investigation Department and other governmental and non-governmental agencies.

4.6.3 Border/Airport Surveillance

This section takes care of border and international airport by continuous surveillance since these are the likely places from where criminal has to pass by. Intelligence staffs deployed in international airport carry out surveillance and arrest wanted criminals listed in Red Corner Notice by effectively coordinating with INTERPOL, immigration dept and other security agencies.

4.6.4 Support Units

Supporting units like Bomb Disposal, Forensic Laboratory, Drugs, Explosives and Counterfeit PP/ID units are necessary support technically in the related field.

4.6.5 Training Branch

There should be separate training section in each Border Security Office. Training Section in BSO will have to conduct following special trainings apart from the regular professional trainings whereas training branch under Dept of Border Security will coordinate and supervise all the training activities:

(Border Management, Pillars & Border encroachment; Legal aspect of border and custom system; Trans-Border crime and Cross-Border Operation; Narcotic Drugs Control; Counter Insurgency; Special Border Intelligence; Border patrol and surveillance methods; Raid, Search & Rescue; GIS, GPS and Survey; Human trafficking; Organized crime; Bilateral co-operation)

CHAPTER - V

CHALLENGES OF TRANS-BORDER SECURITY

5.1 Problems faced by APF

Armed Police Force in border security has been facing following challenges concerning Trans-Border Security especially in the border between India and Nepal

The strength is insufficient to cope with border problems from Mechi to Mahakali. Lack of resources catered like land & infrastructure, budget, electronic equipments and

others. Inefficient Intelligence Network, lack of reliable informants. (Information needs money in

exchange) Lack of adequate trainings ( especially border related trainings)

5.2 Other border related Issues

5.2.1 Encroachment of border and no man's land

Disappearance of international boundary lines narrowing of the no-mans land and encroachment of

the land along the border are the results of the open border. It is one thing that there is no

demarcation of the boundary line, but it is entirely another thing that the already demarcated

boundary line with the boundary pillar is found vanished all of a sudden. The open border system

allows the people on the both sides to move freely and fearlessly across the border, and misusing

this advantage. Some people do not hesitate to indulge in activities like destroying, dilapidating and

dislocating boundary pillars. Some have even encroached on "no-mans land area", doing farming

and building huts and houses there. In some places, Indian nationals have dislocated the boundary

pillars by moving them forward to the Nepalese side. Not only that they have even destroyed the

pillars to occupy the no mans land area but also did encroach the Nepalese Fortier. Similarly in the

other places, dams have been built so closed to the border that the area adjacent to the border, the

"no mans land" area and even the territory inside the Nepal, have all been inundated and have

eventually disappeared in to the Indian Territory (ibid., 85).

5.2.2 Cross border terrorism

The State Department definition, which is included in the terrorism report annually, defines

terrorism in terms of politically motivated attacks on non-combatant targets. The open border has

made it easy for the terrorists to run their activities. Once they commit terrorist acts, they enter

Indian border and go in hiding or take safe shelter.

By taking the advantage of the open border system, some of the hired hoodlums especially from

Bihar and Utter Pradesh of India, resort to illegal acts in Nepal. When Nepalese Congress was in

exile, hired criminals used to loot Nepal's banks, set fire on bridges and create explosions at

different places of Nepal as per the direction of Ram Raja. In 1990's people's movement, Indians

from the border area destroyed fences and telephone cable and set fire at different places. A gang of

1100 people set fire on government buildings, vehicles and destroyed statues and images (Pant,

2006: 126). In the general election of 1999, an Indian citizen had tried to hit a voting centre of

Rautahat but he was killed before he could detonate the bomb.

5.2.3 Arms trafficking

Transporting arms and explosives illegally comes under terrorist activities. Whenever terrorists

cross over the border, they usually import and export illegal arms. Being unregulated and

uncontrolled, Nepal-India border has become easier for terrorists transport such arms and explosive.

For example, the Nepal police seized 1,410 items of guillotine, 3,300 items of detonators and 470

items of fuse-wire, transported from India to the Nepalese territory of Kapilvastu which is just 12

km north from the Indian border point, Khunuwa ( Shrestha, 2003: 89). India produces weapons

and exports to Nepal easily because of the open border. Nepal controls illegal possession of

weapons after 1993. Of late days, Nepali citizens by the border areas are compelled to purchase

weapons for their personal security. Currently, a group is formed for supplying such illegal

weapons to the different parts of the country, including capital. Mirja Dil Sad Beg, former citizen of

India, and former minister of Nepal, was murdered by his own gang, which used to supply weapons

to the terrorists. If same situation continues in Nepal, it might be colonized by India in future (Pant,

2006: 125).

The Indian smugglers smuggle local made pistols, Japanese pistols, knives, chains, nine sticks and

other explosives from India and sell them in Nepal. For instance, it is estimated that people in

Birgunj possess 5000 such illegal pistols. However, Indian blames that Nepal supplies such illegal

weapons to India (ibid.,126)

5.2.4 Women trafficking

Another worst aspect of open border between India and Nepal is the trafficking of girls, both wed

and unwed, from Nepal to India. It is disgusting to acknowledge that Nepalese themselves are

involved in this most ugly business: they lure innocent Nepalese girls to go to India for earning

wealth and then sell them to brothels in different Indian cities. According to the Field office of the

UNICEF and UNIFEM, over 5,000 Nepalese girls are sold to the Indian brothels each year. It is

believed that around 200 thousands Nepalese girls and women are now in these brothels. These girls

are forced into selling their bodies, often with physical torture, and whatever they are paid is taken

by the brothel-owners. Such brothels and red-light areas based in Mumbai, Kolkata, Darbhanga,

Betiya, Siligudi and other towns and cities of India. The poor, innocent girls are treated like animals

or consumer goods, their bodies humiliated and souls injured. The result of this forced prostitution

is that they have been infected with HIV/AIDS. One major factor causing this misery and

misfortune of Nepalese girls is the open, unregulated, uncontrolled border between Nepal and India

(Shrestha,op.cit.,91).

In India's red-light districts, the demand for Nepalese girls, especially virgins with fair skin and

Mongolian features, continues to increase. It is impossible to say how many girls and women are

employed in the sex industry in India. Moreover, what percentage of the total is from Nepal?

Estimates have been based largely on the numbers of women employed by brothels in urban areas,

but prostitution exists in every city and town in India and in many villages, and statistics vary

enormously.

Nepalese social workers estimate the number of Nepalese girls and women now working in Indian

brothels at about 200,000 and believe that between 5,000 and 7,000 new Nepalese end up in Indian

brothels every year. The flourishing trade in Nepalese women and girls in India must be understood

in the context of economic conditions in both countries (Human Rights Watch/Asia, 1995).

5.2.5 Drug-Trafficking

Often it is reported that narcotic drugs are transported into the Indian and Nepalese border from

south and south East Asian nations, and then exported to western countries through the Nepalese

land. As Nepal and India share wanton rather than open border, the smugglers must have used this

route. Nepal, though not a transit point, is doomed to drugs trafficking because of the open border

as well as loopholes at the customs points. Because of the open trade policy, Nepal has become the

centre for large number of lower middle class Indian smugglers after 1999.

5.2.6 Border theft and robbery

After looting property on one side of the border area, dacoits are found to be leading their lives

peacefully on the other side. There are instances that action has been taken against the notorious

dacoits of Jhija, India when they enter India again after committing robbery in Siraha, Janakpur and

other places of Nepal. There are incidents such as Munna Khan has disappeared in Susta area of

Nepal after committing robbery in several areas of India. Past history reveals that security can not

be provided to the inhabitants of border areas as a result of the open border. Beside this, Indian

dacoits and thefts are looting cash crops and stealing castles day by day in border area. Nepali

businessmen suffer from the frequent attack of Indian robbers. Black marketing also occurs at a

higher level. Fifteen goods disappear without a slight break on the seal of the container or the keys.

The knowledge of theft comes to the goods owner only when they reach destination (Pant,

op.cit.,123).

5.2.7 Trans-border crime

Nepal has been the center for various kinds of Indian criminals such as smugglers, embezzlers and

dacoits, who frequently break law and order to create turmoil. Lack of restrictions on cross-border

mobility has caused a sharp increase of crimes in both sides of the border. A person commits all

types of crime-murder, robbery loot, rape kidnapping, etc.-in India and then enters safely to Nepal,

and vice versa. The story mostly ends right after crossing over the border, as they can not be chased

after because, no records are found at the border-crossing points.

5.2.8 Smuggling of goods and machinery

Several commercial goods, clothes and machinery have been found illegally imported from some

points of the open border where there is no customs office and police post. It is found that the

illegal import and unauthorized export have been carried out though the open border taking

advantage of the weather, time and other situations.

Smugglers around the globe have made Nepal centre for their activities such as smuggling of drugs,

weapons, counterfeit currency, trafficking of children and women because of open border. They can

freely enter and hide or run away during security operation. In border areas, Indian smugglers are

more equipped and stronger than police force (Pant, op.cit.,122). Some western smugglers with

their (Indian smugglers) help produce Hemp in Nepal.

5.2.9 Migration

Population density is higher in Indian frontier districts than in the border areas of Nepal, Inhabitants

are naturally tempted to migrate to area having less population density and more facilities. By

taking advantage of open and uncontrolled border, the Indian citizens who have similar faces like

the Nepalese, have been found entering the border of Nepal. It is heard that such people have made

successful efforts to get Nepalese citizenship certificates from the back door (in an illegal way).

Due to open border, people from northern India entered Nepal after 1990; Nepal Government does

not have proper record of Indian peoples residing in Nepal. It is estimated that 35, 00,000 Indians

do have job permanently, and 10, 00,000 to 15, 00,000 seasonal labors enter every year. The total

population of Indian migrating to Nepal has reached 8 to 12 million. They are involved in the

activities like smuggling, adulteration, production of low quality goods, theft, cheat sale of

contaminated goods and other useless materials (Pant,op.cit.,123).

5.2.10 Refugees Problem

Entry of Bhutanese refugees: Around 135,000 Bhutanese Refugees have been living in Nepal for

the past 12 years after illegal entry. The geographical fact between Nepal and Bhutan is that a thin

strap of the land of India is lying between these two countries. Bhutanese cannot enter Nepal

without stepping into the Indian Territory. Further, there is no open border system between Bhutan

and India. Therefore, Bhutanese refugees formally entered India first, they stayed there for some

period and India led them towards the boundary of Nepal. Since India is the country linked with

Bhutan, the first refugee center of Bhutanese refugees has to be India. However, India has pushed

them by force into the border of Nepal. Since the border between Nepal and India is open, Nepal

has to bear unnecessarily the burden of Bhutanese refugees. India drove the first batch of Bhutanese

refugees into the territory of Nepal through Mechi border in August 1990. Before driving them to

Nepal, they had stayed in various camps of west Bengal and Assam provinces (ibid.).

5.2.11 Deforestation

Open border has an impact on the destruction of Nepalese forest. Indian timber contractors enter the

Nepalese open border, cut trees illegally, and transport them across the border at night. Similarly,

invaluable herbs, medicinal plants and leaves have been taken to India without permission. The

timber taken to India in an illegal way is being sold in the name of 'Sal timber of Nepal' and 'Nepal

honey' is being sold in the name of pure Nepalese honey in high prices (ibid.).

5.2.12 Kidnapping and Hijacking

Due to the uncontrolled movement along the border, the children of businessmen, industrialists and

the rich people of one country are kidnapped and taken to another, the kidnappers demanding huge

ransom. Many people have blamed open border policy for the hijacking of an Indian Airlines

aircraft with flight No.IC-814, which headed to Delhi from Kathmandu on 24 December 1999 from

Tribhuvan International Airport. After this incident, a control mechanism has been enforced with

regard to operating air services between the two countries, Under the system, a compulsory

provision requiring the passport or identity card has been made for the air passengers. This has

indicated the necessity of gradually adopting them system of presenting authorized identity card of

travel document for passengers traveling on land route as well.

5.2.13 Peace and Security:

It is the view of the common people that as there is free movement of people across the border, both

the countries' law and order situation has been weak. There might be several people crossing over

the border in the form of Indian of Nepalese nationals, though they are from a third country, who

look like Indians and Nepalese in face, complexion and height. This is a most possible phenomenon

as there are required no travel documents and record keeping while moving across the border. This

has badly affected peace and security situation in both the countries.

CHAPTER VI

CONCLUSION AND RECOMMENDATIONS

The open border system between Nepal and India has both merits and demerits for both countries as the two

face of the same coin. Compared to India, for example, Nepal has more disadvantages then advantages from

this system. Nepal's national security and internal peace, law and order have been adversely affected by the

continuation of this system. Terrorists have succeeded in bringing in arms and ammunitions to Nepal from

India without any hassle on the border. Such anti-national destructive activities are largely the result of the

open border system between the two countries.

Since the past, many attempts have been made to solve the problem of open border. Still then, the

government has not been successful in solving the problem. India has shown interest in solving these

problems and help Nepal. India as a big nation and comparatively rich should take important steps and act

quickly in solving the open border security problems. The regulated and controlled border would be the one

of the effective solution to control the existing border security problem.

Based on the research findings and existing realities, following recommendations are suggested:

Deployment of trainned & sufficient no of border security forces: Since India has deployed

special border security force and Nepal has deployed Armed Police Force for the purpose of border

security but they are lacking to effectively fulfill due to insufficient no of security personnel.

Therefore it is needed the strength of each APF Border Security Office should be at least a battalion

size.

Establishment of a high level special body for the purpose of border security : Nepal

government should form a high level special body comprising various specialist to suggest the

government in order to deal with various border security problem such as border encroachment,

informal trade, women trafficking, illegal arms transaction, drug trafficking etc.

Enforcing passport / ID cards. It is important to implement the passport/identity card system for

both person and vehicles at the entry point of border areas to regulate the border for the control of

undesirable movement and criminal activities. Illegal infiltration should be stopped and in caught

there should he punished. This system also helps to minimize trans-border terrorism.

Fencing the frontier. The erection of a barbed wire fence along the border area to protect and

systematize the border physically is one of the best measures for open border which helps to control

the illegal movement besides the fixed exit and entry points.

Constructing roads on the no-man's land. Construction of roads along the border areas between

Nepal and India is one of the feasible solutions to the existing border security problem and an

alternative way in order to protect the borderline, to check the intrusion of unwanted elements within

the country. It helps security forces to patrol border area vigorously, which assist to solve the

existing border security problem.

Review of Treaties and Pillars. The old and irrelevant treaties should be reviewed which will be

favorable for both countries. Co-operation at various levels has to made and implement. The

problem should be solved with bilateral discussion. "Das Gaja" system has to be well followed and

the "Pillar" in between Nepal-India borders has to be made proper.

Wide Coverage. Security force at various places should remain in alert at border for a tremendous

job to control the problem of trans-border security problem. All illegal access should be located and

stopped and minimum entry and exit route should be made. Armed Police Force should try to

establish as many BOPs/BIPs as possible due to the long open border.

Budget. Additional budget should be allocated to equip the force with modern equipment and

accessories, and also for maximum utilization of informants, both internal and external.

APPENDIX A

(As per Heading 2.3 page 6 )

APPENDIX B

(As per Heading 4.1 Page No 18)

REFERENCES

Dharamdasani, MD, 2001, India's Perception of the South Asian Security the Nepalese

Context, Dharamdasani, MD, (ed.), India and Nepal, New Delhi: South Asian Publishers

Pvt.Ltd, pp 5-14.

http://www.apf.gov.np

Human Rights Watch, 1995, Trafficking of Nepalese Girls and Women to India's Brothels: Library of Congress USA.

Panta , Shastra Dutta , 2006, Nepal- India Border problems , Lumbini: SIRUD.

Shrestha, Buddhi Narayan, 2003, Border Management of Nepal, Kathmandu: Bhumichitra

Company Pvt. Ltd.

ARMY COMMAND AND STAFF COLLEGE

SHIVAPURI, KATHMANDU

SERIAL NO 15 ARMY COMMAND & STAFF COURSE

EMPLOYMENT OF ARMED POLICE FORCE IN BORDER/CUSTOM SECURITY

AN INDIVIDUAL RESEARCH PAPER (TERM-II)

2008

By

Lekhanath KhanalDeputy Superintendent of Armed Police Force

EMPLOYMENT OF ARMED POLICE FORCE

IN

BORDER/CUSTOM SECURITY

THEME OF THE TOPIC

Armed Police Force is newly established paramilitary organization in Nepal. According to ‘Armed

Police Act 2058’ APF will also be mobilized for border security along with other mandatory tasks.

Due to open border system, Nepal has been suffering from different criminal and unwanted

activities along the border side. Smuggling, drugs trafficking, human trafficking and organized

crimes are the major problems now-a-days. To control such type of trans-border crime by enforcing

law a company level force of APF had been deployed in border areas from 2060 BS to 2064 BS.

But the main responsibility of these units was to increase tax revenue (custom duty) by controlling

support custom office and coordinating with other civil and government agencies which APF

performed by vigorous patrolling, establishing check-point, surveillance, arresting the criminal,

seizing the illegal goods and submit it to custom authorities. Later, as these units were mainly

focused on custom duty, the other border problems were not taken care of. Therefore 18 border

security units at each border districts of Terai region have been established and started their duties

from Paush 27, 2064 to maintain law & order in border by controlling trans-border and criminal

activities in the bordering areas.

Since the land is an integral part of any state, no state can tolerate encroachment or any other

intervention by other country in its territory. In addition to that, peace and security is the prime

concern of the entire citizen for their economic, social and cultural development. In fact, lack of

security keeps any nation always in derailed position.

Border must be intact for the existence of sovereignty and independence of any nation. In addition,

state must be free from threat of security to its prosperity. Therefore, this study about border/custom

security and role of Armed Police Force shows its rationality from aspect of trans-border security. It

would also be useful for all the citizen of Nepal. In nut cell, it helps government to improve the

security policy of the government and is very fruitful to those students and researchers who want to

study in this area.

STATEMENT OF THE PROBLEM AND OBJECTIVES

Issue of border security is the prime concern of any sovereign and independent state. It is regarded

as the major political agenda of any country. In the context of Nepal and India's dispute of border,

Nepal is facing problem of land encroachment from side of India. It is reported that Indian

government has occupied some areas of Nepalese land from Tinker of Mahakali to Jhapa districts.

This unregulated border between Nepal and India, also create threat to security for both countries.

Crime such as girl, child and women trafficking, kidnapping, murder, looting and dacoit are

occurring in ascending rate. The dispute of border may harm to the friendship between two if it is

not solved as soon as possible from diplomatic level. Crimes, as they are occurring across the

border of India and Nepal put the countries in worse condition.

Existing Nepalese Border security system has not become effective to protect its territory from land

encroachment by Indian side and it is not successful to maintain peace and security within the

Nepalese territory of border areas. Crimes are increasing and the territory of both states is being

converted as a play ground for criminals and underworld. They use one state's territory to commit

crime against others. As a result of the open border territory between the two nation terrorism has

flourished a lot in both countries. In the Nepalese context various groups of antinational elements

called by different names are trying to subvert and deviate people by illegal activities.

Both the governments of India and Nepal have been trying to take certain precautionary measures

to restrict movement illegally between the two nations. India has placed SSB and BSF in some of

the approach but for Nepal there were hardly few policemen responsible in restricting movement

illegally in the border. In this context, Armed Police Force has been given the responsibility of

custom/border security.

After deployment of APF in Custom/Border security, some improvements in the field of controlling

criminal activities and increment in revenue collection are seen. Despite the facts problems of

border areas have not been fully solved and the trans-border crimes are increasing day by day. Also

the amount of custom revenue can not be collected as it should be. The security situation is

deteriorating. Although different efforts were made by government, the problem remains

constantly.

In this scenario, the major problems realized by the researcher are to explore the present condition

of border between Nepal and India together with main issues of border area/custom system and

development after APF has been deployed. It was also found necessary to find out the causes and

effects of border/customs issues and to suggest the roles to be played by concerned party and best

practices to solve those problems. Therefore the researcher found it extremely necessary to study

about the performance of APF and find the solution of the problems mentioned above. So this

research work is an attempt to explore the fact and suggest concerned authorities.

Due to the problem stated above, this research work has been carried out to accomplish the

following objectives:

To highlight the existing condition of border between Nepal and India/China and the

situation after APF has been deployed.

To find out how the collection tax revenue from custom duty can be increased.

To critically examine trans- border security problems which are faced by APF

To suggest or recommend for proper border management.

ABSTRACT

This whole research is focused mainly on the contemporary issues of custom security and border related problems. Nepal is loosing its land due to the India behavior of encroachment. Crimes by organized criminal gangs also have been increasing. It has serious impact on the sovereign of Nepal and in its economic, political and social fields. People have started to flee from border areas after closing their industries and businesses due to threat of kidnapping and killing of family members.

In this context, role of security force plays vital role to safeguard the country. So Armed Police Force of Nepal which is deployed in the border. Previously APF was deployed as Border Patrol and Custom Securiy but later concept of border security emerged and it has been deployed as Border Security Force. Its deployment has somehow improved the situation but still improvements are necessary. This force needs to be equipped with modern equipments state of professionalism should be very high. Deductions are made to cope with the problems and some contemporary border issues have been discussed in this research report.

Table of Contents

S No Contents Page No

10. Theme of the Topic i

11. Statement of the Problem and Objectives ii

12. Abstract iv

13. Chapter-I: Introduction 1

14. Chapter-II: Custom Practices and Security 5

15. Chapter-III: Concept of Border and Security 11

16. Chapter-IV: Armed Police Force In Border Security 17

17. Chapter -V: Challenges of Trans-border Security 24

18. Chapter-VI: Conclusion and Recommendations 30

19. Appendices

Appendix-A 32

Appendix-B 33

20. References 34

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ARMED POLICE FORCE IN CUSTOM/BORDER SECURITY

Table of Contents

Serial Number Contents Page

21. Cover Page i

22. Title Page ii

23. Theme iii

24. Statement of the Problem and Objective iv

25. Abstract v

26. Chapter-I Introduction (purely subject matters) 1

27. Chapter-II xx

28. Chapter-III xx

29. Chapter-IV: Conclusion and (Recommendation if required) xx

30. Annexure xx

(a) Annex-A xx

(b) Annex-B xx

(c) Annex-x etc xx

31. Glossary of Terms (If required) xx

32. References n

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Notes:

1. Chapters may vary depending upon the nature of Term/Research Paper.

2. Introduction Chapter will contain only the subject matters such as background, some concepts, if necessary to include, or other related aspects to introduce the work, not the ‘objective’, ‘scope’ or others like ‘theme’, ‘statement of the problem’ and ‘review of literature’ etc.