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21 Dec 2024 : The Hindu Editorial

Editorial 1: It is for historians to dig for tell-tale remains, not bigots

Context

It is unfortunate that judicial misdirection is stirring up the retaliatory instincts of people fed on the falsehoods of manufactured history.

 

Introduction

Normally, digging at historic sites is done by an archaeologist and historians in search of a lost civilisation or an ancient city or some signs of mythological events. But nowhere in the world, in the modern age, is an excavation done underneath a place of worship of one religion to find the remains of a place of worship of another religion. While digging in search of historical facts is a secular act, and is done using internationally recognised scientific methods, digging to establish the presence of a place of worship of one religion in a place of worship of another religion is, clearly, a non-secular act.

  • It is absolutely puzzling why the former Chief Justice of India (CJI), D.Y. Chandrachud found nothing objectionable or illegal in a survey in a place of worship of a particular religion by another religious group.
  • In his oral observation, the former CJI, said, in 2022 (he was the CJI then), “a survey may not necessarily fall foul of the Places of Worship Act.” He made this tricky observation in the Gyanvapi mosque case.

 

Clarity in the Act, yet challenged

  • The Act was enacted by Parliament in 1991 in the background of a strident movement by Ram Janmabhoomi supporters which heightened communal tensions in Ayodhya and many other parts of north India.
  • The government of the day apprehended the imminent outbreak of violence in different parts of the country due to the raising of claims over the places of worship of a particular minority community.
  • Provisions of the Act: This Act bars the conversion of places of worship of any religious community into a place of worship of a different religious community.
    • It declares that the religious character of a place of worship existing on the 15th day of August 1947, shall continue to be the same as it existed on that day.
    • The Act further provides that any suit and appeal seeking to convert the religious character of a place of worship existing on 15th August, 1947 pending before any court or tribunal shall abate on the commencement of the Act.
    • It also states that no suit or appeal relating to this matter shall lie in any court after the commencement of the Act, and any suit alleging that the religious character of a place of worship has been converted after 15th August 1947 will be determined in terms of this Act.
  • Challenge in Supreme Court: But the constitutionality of this Act is under challenge in the Supreme Court of India. A petition was filed in 2020 challenging the constitutional validity of the Act on the grounds that the date of August 15, 1947 was fixed arbitrarily and that this Act takes away judicial review.

 

Response to the Constitutional Challenge

  • Arbitrary Fixation of the Date August 15, 1947: The contention that the date of August 15, 1947 was arbitrarily fixed in the Act to prevent the conversion of a place of worship is a specious one.
    • This is the day when the transfer of power from the British government to the Indian government took place.
    • Naturally, this was the earliest date the government could think of for the purpose of this Act. In any case, the Government of India could not have chosen April 21, 1526 when Babur defeated Ibrahim Lodhi in the battle of Panipat and captured Delhi and Agra and laid the foundation of the Mughal empire.
    • Nor could it have chosen, arbitrarily, a later date and kept the field open for a set of religious fanatics to make reckless claims on the places of worship of another religion.
    • Therefore, by all accounts, the date chosen by Parliament in this enactment was the most reasonable one.
  • Judicial Review and the Act: The second ground cited in the petition is that the Act takes away judicial review which is a part of the basic structure of the Constitution of India and any enactment which alters it is unconstitutional.
    • This contention, needless to say, is without any merit.
    • The Act declares that from the commencement of the Act, all pending suits, appeals or proceedings seeking to convert a place of worship of one religion existing as on August 15, 1947 into that of another religion or altering the religious character of a place of worship shall abate.
    • It is the legislative policy of the government to declare through a law that certain types of suits shall abate under certain circumstances.
    • It is not the same as stating that “no court shall have any jurisdiction in respect of any suit arising from the place of worship of any religion”.
    • The latter legislative assertion can be interpreted as an exclusion of judicial review which would, no doubt, be unconstitutional. But that is not the case here.

 

On the lower courts

  • Orders for Surveys in Mosques: Subsequent to the above-quoted observation of the former CJI, lower courts in the State of Uttar Pradesh are ordering surveys in mosques to determine their religious character with great alacrity.
    • This has led to violence in Sambhal in Uttar Pradesh, resulting in some lives being lost.
  • Misunderstanding of Supreme Court's Position: The lower courts do not seem to have bothered to check whether it was an order of the Supreme Court or merely an observation of the CJI during the hearing.
    • The fact is that such observations from the Bench have no significance as those are not part of any judgment of the Court.
  • Relevance of Surveys: Besides, it is a matter of common logic that when the law has barred any kind of conversion of the religious character of a place of worship as it existed on August 15, 1947, then what is the relevance of ordering or carrying out a survey to determine its character?
    • Legally, its character is what existed on the date as above. So, where is the need for a fresh survey?
  • Prohibition of Fresh Surveys: A close reading of the provisions of the Act would reveal that what has been prohibited is not merely the act of conversion but also fresh surveys to establish the religious character of a place of worship.
    • As that stands settled, any attempt to resurrect the dispute and get an order from the court would be clearly in violation of the Act.

 

The Act and the Ayodhya Judgment

  • Protection of Secularism: The Places of Worship Act 1991 has been hailed as a law which protects secularism in the Ayodhya judgment of the Supreme Court.
  • Ban on Litigations: Wisely, the Court has now put a blanket ban on all litigations relating to the places of worship till it finally determines the issue of the constitutionality of the Act.

 

Protection of a fundamental right

  • Quite apart from the issue of constitutionality or otherwise of the Places of Worship Act, a religious denomination has the fundamental right, under Article 26, to manage its own affairs in matters of religion.
  • Worshipping in a mosque or a church is a matter of religion and any kind of interference by any outsider in that place of worship can be treated as a violation of the fundamental right of that religious denomination.
  • The court, while ordering a survey of such a place of worship, is in fact committing a violation of Article 26 of the Constitution.
  • The object of this Article is to protect the right conferred on a religious denomination.
  • So, even if the Act was not in existence, a survey or excavation in a place of worship being used by a religious denomination for the purpose of finding out the religious character of that place would be a violation of Article 26.

 

Conclusion

It is possible that beneath some mosques lie remains of temples. And beneath the remains of temples there may be the remains of Buddha or Jain viharas. History has sequestered in the womb of earth these tell-tale remains for an archaeologist and a historian to chronicle the history of this nation, and not for bigots to kindle revanchism and poison the minds of generations of unwary people. It is a great pity that judicial misdirection is refiring the retaliatory instincts of people fed on the falsehoods of manufactured history.

Editorial 2: A chance to strike gold during the Kuwait visit

Context

The Indian Prime Minister’s visit, long overdue, has many opportunities to develop an important bilateral relationship.

 

Introduction

The Prime Minister, Narendra Modi, is set to visit Kuwait on December 21-22. The visit will be the first by an Indian Prime Minister in 43 years, the last being the visit by Prime Minister Indira Gandhi in 1981. Mr. Modi was scheduled to visit Kuwait in January 2022, but the visit was postponed due to concerns about COVID-19.

Significance of the Visit

  • The visit holds great significance not only for the bilateral ties but also the region, which is going through a very difficult phase of conflict and transition.
  • Mr. Modi has visited all the other countries in the Gulf Cooperation Council (GCC) over the past 10 years, some more than once, and not having visited Kuwait was seen as a gap in India’s West Asia engagement.
  • This visit aims to not only plug this gap but also give a boost to the rather stagnant ties between the two countries which, otherwise, have much potential for a strong engagement.

 

A country with strategic significance

  • Geographical location: Despite being one of the smallest countries in the region, Kuwait holds significant strategic importance. Located at the north-east end of the Persian Gulf, it shares borders with Iraq and Saudi Arabia and hosts important American military bases.
  • Political experimentation: It is the only monarchy in the region that has successfully experimented with democracy. On regional issues, Kuwait has generally maintained a neutral stance and has often been the interlocutor in resolving disputes.
  • Economic wealth: Kuwait's wealth is primarily owed to its vast oil reserves, which are the sixth-largest globally. It is a founding member of the Organization of the Petroleum Exporting Countries (OPEC).
  • Sovereign wealth funds: Kuwait has one of the largest sovereign wealth funds globally. Managed by the Kuwait Investment Authority (KIA), these funds are estimated at $924 billion (as of March 2024), making it the fourth largest in the world after Norway, China, and the United Arab Emirates (UAE).

 

Untapped potential, existing links

  • Historical and diplomatic ties: India and Kuwait share friendly relations, built on a strong foundation of history and cultural bonds. India was one of the first countries to establish diplomatic relations with Kuwait after its independence in 1961. The Indian rupee was a legal tender in Kuwait until 1961.
  • Trade and Economic Links:India has consistently been among Kuwait's top trading partners.
    • Total bilateral trade during FY 2023-24 was $10.47 billion.
    • Kuwait was the sixth-largest crude supplier, catering to 3.0% of India’s total energy needs.
    • The KIA has invested indirectly in India, with estimated investments of over $10 billion.
  • COVID-19 collaboration: During the COVID-19 pandemic, both nations demonstrated a strong sense of brotherhood:
    • India provided two lakh vaccine doses to Kuwait.
    • During India’s second wave in May 2021, Kuwait sent medical supplies including 282 oxygen cylinders, 60 oxygen concentrators, and ventilators.

 

People-to-People Ties

  • Indian Diaspora in Kuwait: Out of Kuwait’s population of 4.9 million, 1 million Indians form the largest expatriate group and are among the most trusted.
  • Cultural engagements: A ‘Festival of India’ was organized in Kuwait in March 2023.
    • A weekly Hindi radio program, ‘Namaste Kuwait,’ was started by Kuwait National Radio in April 2024.
    • 26 schools in Kuwait with over 60,000 students follow the Central Board of Secondary Education (CBSE) curriculum of India.
  • Support during tragedy: When a fire in a residential building on June 12 killed over 40 Indians, Kuwait rendered help and quickly repatriated their mortal remains.

 

Areas to elevate ties

  • Current status: Despite mutual trust and goodwill, India’s ties with Kuwait — like with many others in the Gulf region — have not transcended to the next level.
  • Opportunity for progress:  Mr. Modi’s visit offers the perfect opportunity to set things moving.

 

Proposed Initiatives

  • Strategic agreements: Signing a comprehensive strategic partnership agreement with Kuwait could be an ideal start.
    • An agreement on defence cooperation could also be signed.
  • International alliances: India has invited Kuwait to join the International Solar Alliance (ISA) and the Coalition for Disaster Resilient Infrastructure, which Kuwait is likely to accept.
  • Investment and economic ties: An agreement between KIA and India’s National Investment and Infrastructure Fund (NIIF) could be mutually beneficial and boost growth in India.
    • Like the UAE, Kuwait could become an important partner for storing strategic oil reserves in India.

 

Way Forward: Opportunities for Collaboration

  • Infrastructure development: India could help Kuwait in building its infrastructure under Kuwait’s Vision 2035.
    • Setting up institutes like the Indian Institute of Technology (IIT) and the Indian Institute of Management (IIM) in Kuwait.
    • Establishing modern hospitals in Kuwait to boost people-to-people ties.
  • Airline and space cooperation: Considering Kuwait’s request for additional seats for its airlines from India (beyond the 12,000 seats per week already allotted) as a special exemption.
    • Collaboration in space programmes, including launching satellites for Kuwait, could make impactful headlines.

 

Conclusion

The scope for Kuwait-India ties is huge and the wish list endless. Hopefully, this visit will provide the perfect platform to kick-start a golden era in this very important bilateral relationship. Prime Minister Modi's Kuwait visit presents a pivotal moment to deepen strategic, economic, and cultural ties, paving the way for a transformative era in India-Kuwait relations with mutual growth and cooperation.