Sharp differences between the Ministries of Home Affairs (MHA) and Defence over proposed amendments to the Armed Forces (Special Powers) Act (AFSPA) have forced the Centre to send the suggested changes back to the Law Ministry for redrafting.

In doing so, the Centre seems to have also effectively ended any hope of large-scale changes to the law to make it “humane”. The possibility of the proposed amendments being taken to the Cabinet for approval in the next meeting is also ruled out.

Sources in the Law Ministry said they have been asked to “redraft” the proposed Bill at the earliest.

While the MHA favours large-scale amendments to the AFSPA, including one that would have repealed a provision that let the Army use unbridled force in troubled areas, the Defence Ministry is opposed to any major tinkering in the law.

However, the new brief to the Law Ministry, which has the approval of the Prime Minister’s Office, recommends a middle path. Apart from the amendments to the AFSPA, the Centre is also planning to issue new guidelines pertaining to functioning of the Army in areas declared as disturbed under the Act.

“But, considering the objections of some of the Ministries, even the new amendments would take a lot of effort on the part of the Home Minister to get them cleared by the Cabinet. And we are not even talking about the difficulties of getting them passed in Parliament yet,” said a Law Ministry official.

The proposals, which will be taken to the Union Cabinet once finalised by the Law Ministry, include putting in place a detailed procedure for handing over persons arrested by the Army during search operations immediately into local police custody.

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