Illegal Border Crossing, Is There a Solution?

Fifteen year-old Nasir Sultan is probably shedding tears behind the rusted bars of the Juvenile Observation Home in Faridkot, Punjab, his dreams shattered and lying in shambles around him. Hailing from the North West Frontier Province in Pakistan, Nasir crossed the border in his zeal to make it to Bollywood and meet his hero Sharukh Khan. Instead he was apprehended by the Border Security Force, handed over the police who have booked him for violation of the Indian Passport Act. While waiting for justice, his precious youth is just being wasted away.

Nasir’s case is just one out of the hundreds of youth and adults languishing in jails on both sides of the border, in a seemingly endless wait. More pitiable than the adults would be the case of the minors like Nasir who would even lose out on their education as well. There are also innumerable cases of fishermen who have strayed into enemy waters, many off them with their children.

Though there have been cases of repatriation, the process has been slow resulting in these individuals, both adults and minors, spending years rotting in jails. The film Ramchand Pakistani released recently is a case in point.

Surely the Governments of both countries can do better than that. The situation in effect calls for a serious rethinking of policy on part of the governments of both countries. Most definitely, both governments can take steps to ensure that their respective citizens straying across the border mistakenly do get a better deal at either end.

As per the procedure, the likes of Nasir despite the fact that they are minors, would have to face trail in the local courts for violation of the Indian Passport Act. Given the working of the legal systems, it could take years before the cases come up and the verdict passed, that is the offender declared innocent.

On both human and other grounds, the question is - Should an innocent youth suffer either in and Indian or Pakistani jail on account of bureaucratic wrangles or procedural delays? Should we always rely on high level delegations from either the respective Home or External Affairs Ministries to hold “talks� on the fate of the prisoners languishing in jails on both sides of the border?

The Radcliff Line has left many families divided, with brothers and sisters, parents and children finding themselves citizens of different countries, which have been locked in varying degrees of hostility over the last 61 years. Is it fair for citizens of either country to become pawns in the wider picture of seesawing political relations that has marred the atmosphere of the subcontinent over the last six decades?


Rather than the border security forces and police of both countries proving that they are diligently doing their respective jobs, the entire problem needs to be looked at in a more holistic and humane perspective. The best way out of the situation is a blue print of specific policy and legal framework to deal with the problem of border crossing. Within this, special rules should be laid down for speedily dealing with cases involving minors. The task of preparation should be entrusted to a high level committee comprising representatives of the Home Ministry, and Defence and Security forces of both countries.

First and foremost, the principle of a “decision close to the scene of action� needs to be firmly implemented, and procedural delays and red tape totally eliminated. For this, a centre of authority needs to be created, vested with the power to take and implement decisions within the framework of the procedures laid down.

This centre of authority could be in the form of joint working groups set up at various towns along the border. The members would comprise government officials, security officials and representatives of NGOs, from both countries. The working group should meet regularly under a strict brief to view each case on individual merit rather than as part of a violation of the law.

Ensuring the success of the policy implies that BSF personnel on both sides of the border are provided with an exhaustive orientation on the techniques of simple interrogation, in a very cordial and relaxed atmosphere. The interrogators would have to be weaned away from their basic mindset that whosoever crosses the border is an offender, a potential militant or a spy. The presence of a psychologist in the investigation would also help. Accounts of torture and third degree methods to extract information have often come to light; something which needs to be eliminated at all costs.

Simultaneously, the process of verification ought to begin and completed without delay. This would cover checking addresses, phone numbers and missing person’s reports filed by members of the families of the detained individuals.

This preliminary investigation completed, the case ought to be referred to the respective Joint Working Group of the area, which is empowered to decide whether the offender is innocent or needs further investigation. The group would of course act on the advise of the interrogators.

If the working group is convinced beyond an iota of doubt about the innocence of the offender, immediate repatriation should be the answer. The process should not take more than a week at the most. The concept of a Joint Working Group, if implemented would automatically cut out all bureaucratic wrangles and red tape.

The people of India and Pakistan were and hopefully still continue to be sons of the same soil now divided by a travesty of political fate. The Governments of both countries are today talking of improved relations and bilateral cooperation at the highest levels. The first step to improving relations and creating peace is at the grass root level, of which a humanitarian approach for citizens of both countries is an essential component. Improved relations at the human level would pave the way for improving relations upward.