The Sashastra Seema Bal Act, 2007
Key Provisions of the SSB Act, 2007
1. Constitution of the Force (Section 4)
The Act establishes the SSB as an armed force of the Union, tasked with ensuring border security and performing other duties as assigned by the Central Government. The organization, structure, and conditions of service for the members of the Force are prescribed under the Act.
2. Powers and Duties (Section 5)
The SSB is empowered to perform duties related to border guarding, prevention of trans-border crimes, and other functions as directed by the Central Government. This includes surveillance, patrolling, and assisting in the maintenance of law and order in border areas.
3. Offences and Punishments (Section 16)
The Act outlines specific offences committed by members of the Force, such as shamefully abandoning a post or engaging in cowardice. Punishments for these offences are also specified, ensuring discipline within the Force.
4. Summary Force Court (Section 82)
The Act provides for the establishment of a Summary Force Court to deal with minor offences committed by members of the Force. This court has the authority to impose penalties such as dismissal, reduction in rank, or other disciplinary actions.
5. Appeals (Section 90)
Members of the Force have the right to appeal against orders or decisions made under the Act. The procedure for filing appeals and the authorities to whom appeals can be made are specified.
Case Law Illustrations
Jahid Ali v. Union of India (Delhi High Court, 2015)
In this case, the petitioner challenged his dismissal from the SSB following a Summary Force Court proceeding where he was found guilty under Section 43 of the SSB Act, 2007. The court upheld the dismissal, emphasizing the importance of maintaining discipline within the Force. Casemine
Krishan Kumar v. Union of India (Punjab & Haryana High Court, 2011)
The petitioner was dismissed from service after being found guilty by a Summary Force Court for firing a shot at a colleague. The court upheld the dismissal, highlighting the necessity of strict adherence to discipline and conduct standards.
Surender Negi v. Union of India (Delhi High Court, 2015)
The petitioner challenged his removal from service following Summary Force Court proceedings. The court dismissed the petition, reinforcing the authority of the Force to take disciplinary actions against its members.
Role and Functions of the Sashastra Seema Bal
The SSB plays a crucial role in maintaining the security of India's borders, particularly along the Indo-Nepal and Indo-Bhutan borders. Its functions include:
Border Security: Patrolling and surveillance to prevent illegal activities and infiltration.
Counter-Insurgency Operations: Engaging in operations to combat insurgent activities in border areas.
Community Engagement: Inculcating a sense of national belonging among border populations through welfare programs and activities.
Internal Security Duties: Assisting in maintaining law and order during elections and other internal security situations.
Conclusion
The SSB Act, 2007 provides a comprehensive legal framework for the constitution, regulation, and governance of the Sashastra Seema Bal. Through its provisions, the Act ensures that the Force operates with discipline and accountability, thereby contributing effectively to the security of India's borders and internal stability.
RELATED Blog
0 comments