When one imagines India’s most distinctive attribute, its diversity strikes the brightest. Every region, religion, ethnicity and caste has a discrete ritual to celebrate spirituality through culture. However, such traditions over the years have been deemed detrimental to the environment at large with the extinction of several species of flora and fauna, global warming, unremitting deforestation and drastic changes in weather being some effects of the same.
In retrospect, the nation is also characterised by people who incorporate nature worship in their reverence for God. In modern times, there has been a Judicially active movement that prevents natural entities from being scapegoats in the hands of religiously motivated yet environmentally laid-back citizens.
Therefore, there can be two contrasting perspectives concerning environment and religion, one focuses on the dereliction of environment conservation due to customs based on antiquity and the other throws light on the active role played by our Judiciary to protect nature in the light of freedom to religion.
Ancient Precepts
In Vedic teachings, nature was regarded as the primary source of reverence with the main elements being Aether, Air, Fire, Water, and Earth (‘panchbhootas’ represented by five fingers of the human hand).[1]
Trees were, and are deemed symbols of obeisance as they contain medicinal properties, bear fruits and most importantly, provide oxygen. Marriages were solemnised through consecration around trees and people tied sacred threads to their trunks. Such practices are still widely prevalent.
The enormity and capabilities of nature were elaborated upon in the Rig Veda, as the Yajur Veda laid down that flora and fauna should share an empathetic affiliation characterised by mutuality and fraternity. The Atharvaveda highlighted the importance of trees as the abode of the Divine.[2]
Kautilya in Arthashastra listed punishments for illegal deforestation and animal cruelty.[3]
Festivals and Traditions
It is ironic how the Festival of Lights leads to immense environmental darkness due to the pollution associated with its celebration. The toxic content used to make Firecrackers during Diwali pollutes air and water while the loud noise leads to unabating noise pollution with harmful effects like hearing loss. The Air Quality Index crossed 300 in 11 Indian cities post Diwali in 2023, falling under ‘very poor air quality’.[4]
The festival of Ganesh Chaturthi leads to the generation of enormous waste in the form of flowers, thermocol embellishments and similar offerings. Lakhs of Lord Ganesh idols are immersed in beaches leading to water and land pollution. Apart from that, the noise due to dhols exceeds the stipulated decibels causing noise pollution.
Plaster of Paris made from Gypsum is often used to create idols. It can take several months or years to dissolve completely.
The call for prayer given at every interval in mosques known as Azaan can exceed the permissible limit and cause a nuisance to people who do not follow Islam.
The colours used to play in the festival of Holi are made of artificial (synthetic) elements which can pollute the soil, along with enormous wastage of water leading to pollution again.
The Central Pollution Control Board of New Delhi opined that water pollution is potently on the rise due to mass bathing by people during Kumbh melas held at Haridwar and Allahabad.[5]
There are numerous examples in India when people have misused their Right to Freedom of Religion and crossed the barrier of ‘reasonable restrictions’ meant to prevent them from exercising their rights against another person’s right(s).
Role of Judiciary
When festivals in India, instead of becoming sources of fraternity, became significant contributors to pollution, the judiciary took matters into its own hands to address the grievances of those who suffer, by directing the Government to take necessary actions.
Ganesh Chaturthi
In the case of T. Ramakrishna Rao v Principal Secretary to Govt. of A.P.[6],
the large-scale immersion of Ganesh idols in Hussainsagar Lake raised grave concerns about the purity of the water body. Illegal tapping of electricity from poles was another serious issue.
The court referred to the guidelines issued by the West Bengal Pollution Control Board for managing The Ganges due to similar immersion issues.
It was held that idols were to be immersed as per a fixed schedule. Also, the idol remains and debris was to be removed by the Police and local authorities from the lake within 24 hours and be taken for proper disposal.
A blanket ban was also imposed in Karnataka over the use of POP for creating Ganesha idols though it was not properly implemented since around 10,000 idols made of POP were still immersed in 2023.[7]
In another case of Mahesh Vijay Bedekar v State of Maharashtra[8],
it was held that noise levels were to be kept in check, not only at the site where the festival is celebrated but also in the areas where processions pass during festive times.
The court noted that Noise Pollution Rules are gravely violated in most cities where festivals are celebrated, irrespective of religion, since ambient air quality standards concerning noise are not in check.
Fireworks
In Arjun Gopal v Union of India[9], the court first imposed a blanket ban on the sale of firecrackers which exceeded the permissible limit of chemical content in 2017. Later this ban was lifted in 2019 as it affected the livelihood of firecracker manufacturers. However it was advised to promote the use of green crackers and the time to burst crackers on Diwali was limited to 2 hours, 8 pm to 10 pm.
It was a landmark judgement to prevent the use of firecrackers as they had distressingly detrimental effects on people’s sense organs and animals, apart from causing colossal pollution.
In another leading case, it was held that the timings for firecrackers on Diwali or any other religious festival should not go beyond 10 pm and not start before 6 am.[10]
Loudspeakers
In Church of God (Full Gospel) in India v K.K.R. Majestic Colony Welfare Association[11], the Supreme Court observed that no religion preaches inconvenience for other people through prayers or by employing loud amplifiers. Any religious act which disrupts the daily activity of an old person, infirm or young child is deemed impermissible.
In Maulana Mufti Sayeed Mohd. Norrur Rehman Barkariq v State of West Bengal[12], a pertinent rule regarding the paradox between fundamental rights of different people was highlighted which stated that one is not supposed to invoke his freedom of religion to use loudspeakers for Azaan to create nuisance or disturbance for another.
Renowned singer Sonu Nigam complained of disturbance due to daily Azaan or ‘call for prayer’ by the nearby mosque in a tweet. He even highlighted similar practices in other religions which he stood opposed to, as unequivocally. In Aash Mohammad v State of Haryana[13], it was considered his Right to Freedom of Speech and Expression to make such an assertion and not taken as disrespect or intent to defame any religion.
Eid
The festival of Bakr I’d involves a custom of sacrificing goats or cows as per traditional Islamic edicts. It is neither essential nor necessary but simply a custom for culminating the festival. Thus, an optional religious practice is not encompassed under Article 25[14].
Also, cows have been worshipped in Hindu culture since time immemorial. Hence, the practice cannot be defended and deemed a part of ‘Freedom to Religion’ as was held in the case of the State of Gujarat v Mirzapur Moti Kureshi Kassab Jamat[15].
Burial
In Krishna Das C. v State of Kerala[16], the District Medical Officer laid down recommendations regarding the adoption of modern ways like electric crematoriums, to bury bodies, which are suitable for the environment and negate air pollution due to burning of bodies. The traditional last rites as per people’s customs cannot be entirely forbidden, but they are found to be another reason for air pollution which needs to be done away with.
Conclusion
Since inherent diversity is a feature of our nation, people have been closely associated with their religion and its practices since ancient times; some even identify it more than nationality. Thus, the Supreme Court in Sri Adi Visheshwara of Kashi Vishwanath Temple Varanasi v State of U.P.[17] emphasised the role to be played by religion in our country to uplift people and their mindset by stating, “Religion is to guide community life and advise people to follow the tenets laid down to ensure that an egalitarian social order can be created”.
Pollution is eating away at the essence of our environment, resulting in dire consequences and, it becomes necessary that traditional practices do not become a major source of the same since a paradox is being created wherein there are sermons on nature worship and its divinity while firecrackers are burst at the same time to honour the sermon, leading to unremitting pollution of the same nature.
Author(s) Name: Jasmine Singh (Army Institute of Law, Mohali)
References:
[1] ‘Pollution of Hinduisim’ (Down To Earth, 15 February 2000) <https://www.downtoearth.org.in/coverage/pollution-of-hinduisim-17622> accessed 17 June 2024
[2] Vaishali Arora, Kallappa M. Hosamani, Suhas K. Hosamani, Kajri Modhur Roy, ‘Environmental Pollution in India: The Persisting Misery and Struggle’ [2016] PL June 56
[3] Ibid
[4] Amitabh Sinha, ‘Not just Delhi, AQI after Diwali dipped in many cities: CPCB’ (Indian Express, 14 November 2023) <https://indianexpress.com/article/india/not-just-delhi-aqi-after-diwali-dipped-in-many-cities-cpcb-9025586/#:~:text=However%2C%20most%20other%20places%20reported,80%20in%20’poor’%20category.> accessed 17 June 2024
[5] Ibid
[6] T. Ramakrishna Rao v Principal Secretary to Government. of Andhra Pradesh [2001] SCC OnLine AP 500
[7] The Hindu Bureau, ‘Despite ban, over 10,000 PoP Ganesha idols immersed in Bengaluru city’ (The Hindu, 19 September 2023) <https://www.thehindu.com/news/national/karnataka/despite-ban-over-10000-pop-ganesha-idols-immersed-in-bengaluru-city/article67323379.ece> accessed 18 June 2024
[8] Mahesh Vijay Bedekar v State of Maharashtra [2016] SCC OnLine Bom 332
[9] Arjun Gopal v Union of India [2017] 1 SCC 412, [2019] 13 SCC 523
[10] Noise Pollution (V) In re [2005] 5 SCC 733
[11] Church of God (Full Gospel) in India v K.K.R. Majestic Colony Welfare Assn. [2000] 7 SCC 282
[12] Moulana Mufti Syed Md. Noorur Rehman Barkati v State of West Bengal [1998] SCC OnLine Cal 73
[13] Aash Mohammad v State of Haryana [2017] SCC OnLine P&H 2192
[14] Constitution of India 1950, art 25
[15] State of Gujarat v Mirzapur Moti Kureshi Kassab Jamat [2005] 8 SCC 534
[16] Krishna Das C. v State of Kerala [2015] SCC OnLine Ker 13637
[17] Sri Adi Visheshwara of Kashi Vishwanath Temple Varanasi v State of Uttar Pradesh [1997] 4 SCC 606
