Former Supreme Court Judge: No Religion Permits Environmental Damage During Celebrations

"Judges should not get affected by popular or religious sentiments," Justice Oka stated firmly.

The former Supreme Court judge who previously headed the bench that implemented a year-round firecracker ban in Delhi-NCR has spoken out regarding a recent Supreme Court ruling that permits 'green crackers' during Diwali. Justice Abhay S Oka emphasized that no religion endorses environmental degradation.

While delivering a lecture titled 'Clean Air, Climate Justice and We - Together for a Sustainable Future' organized by the Supreme Court Bar Association, Justice Oka asserted, "Judges should not get affected by popular or religious sentiments if they truly want to uphold the fundamental rights and fundamental duties, and if they truly want to protect the environment."

Justice Oka clarified that activities such as bursting firecrackers, immersing idols in water bodies, and using loudspeakers are not recognized as essential religious practices under the Constitution. He expressed concern that pollution is increasingly being justified under the guise of religious practices.

"Unfortunately, there is a tendency to damage the environment in the name of religion. But if we examine the tenets of all religions, we will find that every religion teaches us to protect the environment and to show compassion to living beings. No religion permits us to destroy the environment or cause cruelty to animals while celebrating festivals."

"The most crucial reason for our failure to protect the environment is the failure of both citizens and the State to perform their fundamental duty under Article 51A of the Constitution," Justice Oka emphasized.

Addressing the issue of firecrackers specifically, Justice Oka noted, "I said don't expect any firecrackers today, but I must refer to firecrackers."

"I will give an example of bursting firecrackers during Diwali. It is not confined to Diwali or Hindu festivals alone. Many parts of India have seen crackers being burst on the first day of the Christian New Year. They are used during weddings of people belonging to practically all religions," he elaborated.

Justice Oka then posed a constitutional question: "Can anyone say that bursting of firecrackers is an essential part of any religion which is protected under our Constitution? When we celebrate festivals, we do it for joy and happiness. When families come together, they exchange gifts and sweets. But the question is, how is there joy and happiness by bursting crackers which cause irritation to the old and infirm, and to birds and animals?"

The former judge also addressed the environmental impact of idol immersion practices on water bodies.

"The second question is whether our religions encourage lakhs to take a bath in a river, thereby polluting the river. Please rationally think about it... Please visit the beaches and other parts of Mumbai after the visarjan of Ganpati idols. You can see with your own eyes what kind of damage we cause by immersing the idols. It is not confined only to Ganpati visarjan. Other religious festivals are also held on beaches and the banks of lakes," he pointed out.

He recalled certain judicial decisions that permitted environmentally harmful practices, stating, "Unfortunately, our own High Court permitted the making of idols of plaster of Paris taller than six feet, completely contrary to the guidelines laid down by the Central Pollution Control Board... Not only was it permitted, but the High Court also allowed immersion of these bigger idols in the sea, rivers and lakes. I saw the effect of these orders."

Justice Oka commended civic authorities' efforts to establish artificial ponds for idol immersions, calling them a "silver lining," but lamented that the public has yet to embrace these eco-friendly alternatives.

Addressing noise pollution, Justice Oka observed that religious celebrations across all faiths have become significant sources of sound pollution.

"We use loudspeakers, causing noise pollution that affects human bodies. The music is so loud that some buildings vibrate, the vehicles vibrate. I don't believe that any religion permits or encourages the use of loudspeakers in celebrating any festivals. For example, for the use of loudspeakers for 'azaan' (prayer call) by mosques, there is a judgment by the Bombay High Court saying that this is not protected under Article 25 and not part of essential religious practice. And it was approved by the Supreme Court."

"Why do we require loud music to celebrate festivals? Why can't we realise that it affects human beings, especially the old and infirm? What joy do we get by creating noise pollution either by bursting crackers or by using loudspeakers while celebrating festivals?" he questioned in conclusion.