HC asks BSF to ensure uniformity of guidelines for all troopers irrespective of marital status

Syllad | The Rising MeghalayaAugust 26, 2020

The division bench of the Meghalaya High Court has directed the Border Security Force (BSF) to ensure uniformity in the implementation of guidelines and protocol to all its troopers irrespective of their marital status.

“It is therefore expected that the respondent No 12 (BSF) immediately correct the procedure and ensure uniformity in the implementation of guidelines and protocol to all its personnel irrespective of their marital status,” Justice HS Thangkhiew and Justice W Diengdoh said in their order issued on August 24.

Hearing a PIL on the ongoing pandemic, the bench has noted that the SOP does not mandate testing before entry into the state and the personnel are tested by rapid test only when they have reached their destinations, and thereafter are accordingly processed in case they test positive or negative.

“This, it is submitted, can give rise to the spread of the virus, inasmuch as, it is being brought into the State, as there is no pre-testing before entry,” it said.

The bench said for the returnees coming to Shillong with their families, as per the SOP, they have been directed to make their own arrangements to register and undergo the process prescribed by the State Government, whereas, for other returnees of the BSF, quarantine centres are available and guidelines and protocols issued by the Ministry of Home Affairs and Force Headquarters, New Delhi are being followed.

“By this procedure, it seems, the other returnees with families are left to fend for themselves without any support from their Organization. This in the opinion of this Court is unacceptable, inasmuch as, all personnel whether married or unmarried are serving in the BSF, and they cannot be given dis-similar treatment,” it said.

The Assam Rifles on the other hand, also a Para-military organization unlike the BSF in their affidavit, have clearly stated that quarantine facilities have been created at Shillong for all troops, families and dependents and the ICMR guidelines are strictly adhered to.

Another aspect which has been flagged by the parties and merits urgent consideration, is whether prior testing be done, of the personnel before they enter the State, or they be subjected to compulsory testing at the entry points.

This observation is being made in view of the fact that as per the order issued on May 25, the State respondents have exempted the armed forces and central military forces from being tested at the entry points set up by the state government.

The bench was also informed that meetings have been held between the State authorities and the Armed Forces/CAPF in connection with the movement and transit of Armed Forces/CAPF personnel.

“It is expected that this matter be taken up and decision arrived at the earliest in such a meeting and the same reported back to this Court,” it directed.