Madras High Court Upholds Environmental Protection Over Religious Practices
In a significant ruling, the Madras High Court has declared that no individual or group has the right to pollute water bodies under the guise of religious practices. This judgment arose from a case concerning the Thamirabarani river, where large amounts of clothing and other items have been discarded during rituals performed for the deceased. The case, Sivanupandian v. District Collector and others, was heard by Justices GR Swaminathan and B Pugalendhi of the Madurai Bench.
On July 9, the court emphasized that while Article 25 of the Indian Constitution guarantees religious freedom, it is subject to public health considerations. The justices clarified that environmental preservation and the rights of others must not be compromised by religious ceremonies. The Bench stated unequivocally, “No one has the right to pollute a water body even in the name of religion.”
The petition challenged actions under the Tamil Nadu Land Encroachment Act related to a mandapam in Tirunelveli district. During the proceedings, it was revealed that the Thamirabarani river’s bathing ghats attract thousands of devotees who perform rituals requiring the disposal of garments, towels, slippers, and other materials linked to the deceased.
Activist Moorthy, involved in river cleanup efforts, informed the court that approximately one tonne of garments is dumped daily into the river. Additionally, a booklet detailing the cleanup efforts from May 7 to May 28 reported the recovery of 86 to 90 tonnes of clothes, 1,385 kilograms of plastic, 374 kilograms of sanitary napkins and diapers, 220 kilograms of glass bottles, and 115 kilograms of slippers.
The court expressed concern over the non-biodegradable nature of polyester garments, which pose a threat to riverine ecosystems by serving as breeding grounds for bacteria. Furthermore, the entanglement risk to local wildlife, such as Indian black turtles and Indian flapshell turtles, was highlighted.
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Justice Swaminathan and Justice Pugalendhi noted that the right to pollution-free water is enshrined under Article 21 of the Constitution. They also cited Section 36 of the Tamil Nadu Public Health Act, 1939, and Section 24 of the Water (Prevention and Control of Pollution) Act, 1974. The alarming statistics prompted the court to urge the administration to undertake educational initiatives on a large scale.
While the court refrained from issuing immediate prohibitory orders, citing respect for the religious beliefs of many Hindus, it emphasized the necessity of stakeholder consultation before making any final decisions. The Tirunelveli District Collector was instructed to announce proposed orders on July 16, inviting submissions from religious bodies and activists.
The court also directed the district administration to propose solutions to address the issue. Advocate Ramasamy S represented the petitioner, while Government Advocate M Kannan defended the authorities. Advocates VR Shanmuganathan and N Sharmiya appeared for the Hindu Religious and Charitable Endowments Department.
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This ruling serves as a pivotal reminder of the judiciary’s role in balancing religious freedoms with environmental protection.
