PM IAS EDITORIAL ANALYSIS – DEC 21

Editorial #1: It is for Historians to Unearth Truth, Not for Bigots

Context: Judicial misdirection has regrettably rekindled retaliatory instincts among individuals influenced by the falsehoods of fabricated history. This alarming trend undermines India’s constitutional commitment to secularism.

Introduction: Historically, excavations at archaeological sites are conducted by historians and archaeologists to uncover lost civilizations, ancient cities, or evidence of mythological events. Globally, in modern times, excavations under places of worship of one religion to establish the remains of another are rare and typically non-secular. While scientific methods and secular objectives guide historical excavations, acts driven by religious motives lack legitimacy. The recent judicial acceptance of such activities is therefore concerning.

The oral observation by former Chief Justice of India (CJI) D.Y. Chandrachud in 2022, stating that a survey “may not necessarily fall foul of the Places of Worship Act,” has added to the controversy. This statement, made during the Gyanvapi Mosque case, has fueled non-secular actions, contradicting the secular ethos enshrined in the Constitution.

The Places of Worship Act, 1991: Clarity and Challenges The Places of Worship Act was enacted against the backdrop of communal tensions stemming from the Ram Janmabhoomi movement. The legislation aimed to safeguard India’s secular fabric by preventing the conversion of places of worship from one religion to another.

Key Provisions:

1. The Act prohibits the conversion of the religious character of any place of worship as it existed on August 15, 1947.
2. It mandates that all suits or appeals pending on this issue at the commencement of the Act shall abate.
3. Post-enactment, courts are barred from entertaining suits or appeals regarding the conversion of the religious character of places of worship.

Constitutional Challenge: Despite its clarity, the Act has faced a constitutional challenge in the Supreme Court. Critics argue:

1. Arbitrary Date Fixation: The choice of August 15, 1947, is questioned as arbitrary. However, this date marks India’s independence, a logical starting point for such legislation. Choosing earlier dates, such as 1526 (the establishment of the Mughal Empire), would have opened avenues for reckless and divisive claims.
2. Judicial Review: Petitioners contend that the Act restricts judicial review, violating the Constitution’s basic structure. However, the Act’s provision for abating certain suits reflects legislative policy rather than a blanket exclusion of judicial review, distinguishing it from unconstitutional measures.

Judicial Misinterpretation and Its Fallout: Post the CJI’s observation, several lower courts in Uttar Pradesh have ordered surveys of mosques to determine their religious character. Such actions have resulted in violence, including fatalities in Sambhal. These judicial orders stem from a misinterpretation of the Supreme Court’s stance, as oral observations lack the authority of judicial directives.

The Irrelevance of Surveys: Given the Act’s explicit prohibition of conversions and its acknowledgment of the religious character as on August 15, 1947, ordering surveys to ascertain the religious character of a site is both legally and logically redundant. Fresh surveys, in this context, constitute a violation of the Act’s provisions.

The Act and the Ayodhya Judgment: The Places of Worship Act has been lauded for its role in preserving secularism, as highlighted in the Ayodhya judgment. The Supreme Court’s blanket ban on litigations concerning places of worship, pending its review of the Act’s constitutionality, reinforces this commitment.

Protection of Fundamental Rights: Under Article 26 of the Constitution, religious denominations have the fundamental right to manage their religious affairs. Interference, such as surveys in places of worship, violates this right. Even in the absence of the Places of Worship Act, such actions would contravene Article 26, emphasizing the sanctity of religious freedoms.

Conclusion: Historical remains buried beneath places of worship are a matter for historians and archaeologists to uncover, not tools for bigotry or political gain. Misguided judicial interventions risk inflaming communal tensions, perpetuating false narratives, and poisoning societal harmony. Upholding secularism and protecting India’s pluralistic ethos demand a strict adherence to constitutional principles and the preservation of historical truth through scientific inquiry, not sectarian agendas.

Editorial #2: Unlocking Opportunities: A Landmark Kuwait Visit

Context: The Indian Prime Minister’s long-anticipated visit to Kuwait presents a vital opportunity to revitalize and elevate bilateral relations with a nation of immense strategic and economic significance.

Introduction: Prime Minister Narendra Modi’s visit to Kuwait on December 21-22 marks a historic moment, being the first by an Indian Prime Minister in 43 years since Indira Gandhi’s visit in 1981. Originally scheduled for January 2022 but postponed due to COVID-19, this visit aims to bridge gaps in India’s engagement with the Gulf region and reinvigorate a key bilateral partnership.

Significance of the Visit:

1. Regional and Bilateral Importance: The Gulf region is undergoing a period of conflict and transition. Strengthening ties with Kuwait, a nation of regional influence, aligns with India’s broader West Asia strategy.
2. Filling a Diplomatic Gap: While Mr. Modi has engaged extensively with other Gulf Cooperation Council (GCC) nations over the past decade, Kuwait has remained an outlier. This visit seeks to address that omission and catalyze stagnant ties.

Kuwait’s Strategic Significance:

1. Geopolitical Position: Despite its size, Kuwait’s location at the northeast end of the Persian Gulf, bordering Iraq and Saudi Arabia, grants it strategic importance. Additionally, it hosts key American military bases.
2. Democratic Experimentation: Kuwait stands out as the only Gulf monarchy to have successfully experimented with democratic governance, often playing a neutral role in regional disputes.
3. Economic Powerhouse:
   • Oil Reserves: Kuwait’s vast oil reserves rank sixth globally, underpinning its economic clout.
   • Sovereign Wealth: The Kuwait Investment Authority (KIA) manages one of the world’s largest sovereign wealth funds, valued at $924 billion as of March 2024, ranking fourth globally.

Existing Links and Untapped Potential:

1. Historical and Diplomatic Ties:
   • India was among the first nations to establish diplomatic ties with Kuwait post-independence in 1961.
   • The Indian rupee served as Kuwait’s legal tender until 1961, reflecting deep historical bonds.
2. Trade and Economic Relations:
   • Bilateral trade reached $10.47 billion in FY 2023-24, with Kuwait ranking as India’s sixth-largest crude supplier.
   • KIA has indirectly invested over $10 billion in India.
3. COVID-19 Solidarity:
   • India provided two lakh vaccine doses to Kuwait during the pandemic.
   • Kuwait reciprocated with medical supplies during India’s second wave in 2021.

People-to-People Ties:

1. Diaspora Strength: With one million Indians forming Kuwait’s largest expatriate group, they contribute significantly to Kuwait’s socio-economic fabric.
2. Cultural Exchange:
   • Initiatives like the ‘Festival of India’ (March 2023) and the weekly Hindi radio program ‘Namaste Kuwait’ (April 2024) have strengthened cultural bonds.
   • Twenty-six CBSE-affiliated schools in Kuwait serve over 60,000 Indian students.
3. Humanitarian Support: Following a tragic fire in June 2024 that claimed 40 Indian lives, Kuwait’s swift assistance in repatriating mortal remains demonstrated mutual goodwill.

Advancing Bilateral Ties:

1. Strategic Agreements: The visit offers an opportunity to:
   • Forge a comprehensive strategic partnership agreement.
   • Finalize a defense cooperation pact.
2. Global Alliances: Kuwait’s participation in the International Solar Alliance (ISA) and the Coalition for Disaster Resilient Infrastructure would enhance collaboration on global challenges.
3. Economic Engagement:
   • Partnering with KIA to channel investments through India’s National Investment and Infrastructure Fund (NIIF).
   • Establishing strategic oil reserves in India, akin to partnerships with the UAE.

Collaborative Opportunities:

1. Infrastructure Development: India’s expertise could support Kuwait’s Vision 2035, including:
   • Establishing premier institutes like IITs and IIMs.
   • Developing modern hospitals to strengthen people-to-people ties.
2. Airlines and Space Cooperation:
   • Addressing Kuwait’s request for increased airline seats beyond the current 12,000 per week.
   • Exploring space collaboration, including satellite launches.

Conclusion: The potential for India-Kuwait ties is vast and multifaceted, encompassing strategic, economic, and cultural dimensions. Prime Minister Modi’s visit is poised to lay the foundation for a transformative era in bilateral relations, unlocking opportunities for mutual growth and solidifying India’s engagement with a key partner in the Gulf region.