PM IAS EDITORIAL ANALYSIS JULY 06

Editorial 1 : Spiritual orientation, religious practices and courts

Context

Judges should not become the clergy to determine theological issues; progressive India should not allow even an essential religious practice if it is contrary to constitutional ethos and values.

The aspect of religion

• “What is religion to one is superstition to another,” said Chief Justice Lathman of Australia in Adelaide Company of Jehovah’s Witnesses Inc vs Commonwealth (1943).
• Religion has been at the centre of human societal existence since time immemorial.
• Man is incurably religious; Indians more so. Right now, we are in a rush hour of god with religiosity on the rise and spirituality on the decline.
• In a significant yet controversial order in P. Navin Kumar (2024), by Justice G.R. Swaminathan of the Madras High Court, the religious practice of angapradakshinam has been allowed.
• The practice involves rolling over the banana leaves on which other devotees of Sri Sadasiva Brahmendral of Nerur village in Tamil Nadu had partaken food. The order overruled the 2015 order of Justice S. Manikumar.
• In 2015, the petitioner had argued that the practice involved Dalits and non-Brahmins rolling over on left-over plantain leaves even though the district administration had disputed the allegation of caste discrimination.
• Justice Manikumar had relied on the Supreme Court of India’s order, in State of Karnataka and others vs Adivasi Budakattu Hitarakshana Vedike Karnataka, where the top court had stayed a 500-year-old ritual on similar lines where mainly Dalits used to roll over the leaves.
• Justice Swaminathan refused to follow the 2015 order as temple trustees which used to organise the event were not made parties, and thus not heard.
• Moreover, not only Dalits but even others too rolled over the leaves and thus no caste discrimination was there.

Revival of a debate

• The order has revived the debate on issues such as what is religion; how essential practices of any religion are to be determined, and how far the judiciary has been consistent in such determination.
• Justice Swaminathan, in a well-researched order, has cited all the important judgments of the Supreme Court to reach the conclusion that the petitioner, P. Navin Kumar — who has taken the vow of angapradakshinam, and is entitled to execute it as part of his freedom of religion under Article 25 and right to privacy under Article 21 and human dignity — is in no way undermined in such a practice.
• He even held that rolling over on used banana leaves is part of the freedom of movement under Article 19(1)(d).
• Thus, like other cases, no questions were being asked whether it is an essential and integral practice of the Hindu religion. Or whether it is a mandatory practice and not a mere superstitious practice.
•  He has quoted the Krishna Yajur Veda and Bhavishyapurana which describe this practice as a noble act, but every noble act cannot get the high status of a mandatory act.

The subject of essential practices

• The framers of the Indian Constitution had subordinated the freedom of religion to all other fundamental rights.
• It has further been subjected to public order, health and morality, with additional powers being given to the state to bring in social reforms.
• The courts have further restricted the freedom to only the ‘essential religious practices’.
• The leading Supreme Court judgment on the freedom of religion was Sri Shirur Mutt (1954) where the Court had observed that Article 25 guarantees freedom not only to entertain such religious belief as may be approved of by one’s judgment and conscience, but also to exhibit his belief in such outward acts as he thinks proper.
• The Court further held that religion does prescribe rituals, ceremonies and modes of worship which are regarded as an integral part of religion.
• The Court was categorical in saying that ‘what constitutes the essential part of religion is primarily to be ascertained with reference to the doctrines of that religion itself’.
• In subsequent years, the Court became inconsistent in its determination of essential religious practices and moved away from looking at a particular religion to decide its essential practices and brought in its own rationality.
• In Gramsabha of Village Battis Shirala (2014), a particular sect claimed the capturing and worship of a live cobra during nagpanchnami to be an essential part of its religion.
• They placed reliance on the text of Shrinath Lilamrut which prescribed such a practice.
• The court relied on the more general Dharmashastra text to rule that since there was no mention of capturing a live cobra, it could not be an essential practice of the petitioners’ religion.
• The ‘essentiality test’ reached absurd levels in M. Ismail Faruqui (1995) where the top court was dealing with the issue of the state acquiring the land over which the Babri Masjid once stood.
• The court held that while offering of prayers is an essential practice, the offering of such prayers in the mosque is not unless the place has a particular religious significance in itself.
• Everyone knows congregational prayer is central to Islam and that mosques are an essential means to achieve this objective. Yet, the mosque was not held essential.

Conclusion

• Judges should not become the clergy to determine purely theological issues and that a progressive nation such as India should not allow even an essential religious practice if the same is contrary to constitutional ethos and values.
•  It is the Constitution of India and not religions that should govern us. Only that much religious freedom can be granted as is permitted by the Constitution.

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Editorial 2 : Walk the talk

Introduction

Manipur has been grappling with unrest and violent protests, recently witnessing the first direct clashes between the Kuki-Zomi tribals and the Meiteis in three decades. The Manipur unrest poses significant challenges to regional security, potentially destabilizing the fragile peace and affecting the broader geopolitical landscape of the region. 

Reasons behind the unrest in Manipur

1. External factors 

• Myanmar crisis: The military coup in Myanmar in 2021 and subsequent unrest have led to a continuous influx of Burmese refugees into Manipur. Thus complicating the ethnic balance in the state. Many of the refugees share kinship ties with Manipur’s Kuki tribe. 
• Drug trafficking and cross-border crime: The proximity to the Golden Triangle and porous international borders make Manipur vulnerable to drug trafficking and other cross-border criminal activities.

2. Internal Factors 

• Demand for Scheduled Tribe status: The Manipur high court recently asked the state government to send a recommendation to the Centre on the Meiteis’ demand for Scheduled Tribe status, which has triggered protests by tribal groups fearing a loss of reservation benefits. 
• Land issues: The Meitei community, which is numerically in the majority, mainly inhabits the Imphal Valley, accounting for just a tenth of the state’s total land area. The competition for land and resources has intensified tensions between the Meiteis and hill tribes. 
• Historic tensions: Longstanding tensions between hill tribes and Meiteis in Manipur have contributed to the unrest, as both communities vie for political representation, resources, and cultural recognition. 
• Lack of economic development: Economic underdevelopment in the region has exacerbated inter-ethnic tensions, as communities compete for scarce resources and opportunities. 
• Governance issues: The government’s handling of the situation, such as the suspension of mobile internet and the application of the Armed Forces (Special Powers) Act (AFSPA), has been disruptive and has not effectively addressed the root causes of the unrest. 

The consequences

• The unrest in Manipur could lead to increased cross-border criminal activities such as smuggling, drug trafficking, and illegal arms trading.
• Prolonged unrest could provide fertile ground for militant groups to expand their influence and recruit more people, leading to a rise in extremist activities and further destabilizing the region. 
• The unrest in Manipur could have implications for India’s relations with neighbouring countries like Myanmar, Bangladesh, and China.
• Persistent unrest could deter investment and hinder economic development in the region, leading to increased unemployment and poverty, which in turn could feed into more instability and security challenges. 
• The unrest in Manipur could impact India’s Act East Policy, which aims to boost economic and strategic ties with Southeast Asia.
• Prolonged unrest may result in human rights violations, attracting international attention and criticism. This could affect India’s image and its ability to advocate for human rights and democratic values in the region and beyond. 

Government initiatives

• The government has initiated political dialogues with various ethnic groups and stakeholders to address their grievances and demands, aiming to build trust and find common ground for lasting peace.
• The Manipur government has decided to withdraw from the Suspension of Operations (SoO) arrangement with two militant organisations, the Kuki National Army (KNA) and the Zomi Revolutionary Army (ZRA), amid allegations of instigating discontent among forest encroachers.
• The government has been promoting development initiatives in Manipur, focusing on infrastructure, education, and healthcare to improve living standards and economic opportunities for local communities.
• Like, the government has launched the Northeast Special Infrastructure Development Scheme (NESIDS) to improve infrastructure in the region, including Manipur. 
• The India-Myanmar-Thailand Trilateral Highway project has been advancing, which will improve connectivity between Manipur and Southeast Asia, promoting trade and economic opportunities. 
• The National Skill Development Corporation (NSDC) partnered with the Manipur State Rural Livelihoods Mission to train and provide employment opportunities to 5,000 youths from the state. 
• In recent years, the government of Manipur has intensified its efforts to combat drug trafficking and cultivation, which has been fueling instability in the region.
• Manipur police destroyed illegal poppy plantations spread over 90 acres in the Tengnoupal district. Such operations aim to reduce the influence of criminal organizations and improve security in the region. 

What should be done?

• Engaging all stakeholders, including various ethnic groups,Improving governance by addressing corruption, and inefficiency, and strengthening local administration.
• Investing in infrastructure, education, and job creation to foster economic development and reduce poverty.
• Reviewing the implementation of the Armed Forces (Special Powers) Act and consider alternative security measures that protect human rights and promote trust between security forces and the local population.
• Strengthening cooperation with neighboring countries, particularly Myanmar, to manage cross-border issues such as smuggling, infiltration, and refugee influx.

Conclusion

By prioritizing dialogue, economic empowerment, good governance, security, cultural harmony, and international cooperation, Manipur can embark on a pathway towards lasting peace and progress.