Legal challenges border security for armed police force, Nepal

Abstract

Border security is a critical component of Nepal’s national security, particularly given its extensive and porous borders with India and China. This study explores the legal challenges faced by the Armed Police Force, Nepal, in managing border security, focusing on jurisdictional ambiguities, inefficient legal frameworks, and operational inefficiencies. The research highlights the complexities of border management, where transnational crimes such as smuggling, human trafficking, trans border crime, movement regulation issues and territorial encroachments pose significant threats. Despite the APF, Nepal's vital role in safeguarding national sovereignty, legal constraints hinder its operational effectiveness. Key issues include overlapping mandates with other security agencies, lack of a dedicated Border Security Law, and gaps in intelligence sharing mechanisms. Using a qualitative research design, data was collected through semi-structured interviews, focus group discussions, and document analysis. The study primarily focuses on the Nepal-India border, particularly in Kanchanpur, Kailali, and Kathmandu, while drawing generalizable insights for the broader border security context. Findings reveal that existing laws, such as the Constitution of Nepal, 2015, National Security Policy 2016, National Panel Code 2017, Work Division Rules 2017, Armed Police Act 2001 and other existing laws, lack clear procedural guidelines for modern security threats. The absence of a comprehensive legal framework limits APF, Nepal capacity to address cross-border crimes effectively. The study also identifies the need for better coordination between APF, Nepal, Nepal Police, customs authorities and other government and non-government agencies, working in the border to enhance operational efficiency. The research recommends legal reforms, including the introduction of a dedicated Border Security Law, amendments to existing legislation, and improved technological integration for surveillance and intelligence gathering. The proposed APF, Nepal Bill 2081 offers a potential solution by defining clearer mobilization procedures and enhancing inter-agency collaboration. Strengthening Nepal legal and institutional border security mechanism is essential to addressing evolving security threats and ensuring effective enforcement. Keywords: APF, Nepal, Border security, jurisdictional conflicts, legal challenges, legal reforms