"Firecrackers Not Religious Or Customary Part Of Temple": Plea In Kerala HC Seeks Curb On Firecrackers At Vadakkumnadhan, Paramekkavu & Other Temples

A resident of Thiruvambady had filed a petition against bursting firecrackers in Vadakkumnadhan Temple, Paramekkavu Temple and other temples. The petitioner claimed that the practice is against the orders of the Supreme Court and Rule 5A(2) of Noise Pollution (Regulation and Control) Rules, 2000. The petitioner further submitted that such activities affected his right to live peacefully without any apprehension of damage or danger to his life or propertiesFor context, Rule 5A(2) says that sound-emitting firecrackers shall not be burst in silent zone or during nighttime. Night time is defined as time between 10 p.m. and 6 a.m. The Kerala Government has by a 2002 notification has declared 100 meters around Hospitals, Educational Institutions, Courts and Religious Places as silent zones.The petitioner submitted that this type of cracker bursting cannot be considered a part of ritual or custom.“It is submitted that the fireworks and explosion of dynamites in the midst of residential areas as well as other areas has not at all at any point of time become part of ritual or custom of the temple and as such, the said activity has no religious or customary basis.”The petitioner also pointed out that as per the Supreme Court decision in Forum, Prevention of Environmental and Sound Pollution v Union of India and Another (2005), there shall be a complete ban on bursting sound-emitting firecrackers between 10 p.m. and 6 a.m.The petitioner submitted that the Parammekkavu Temple and Vadakkumnadhan Temple are recognised religious places. The petitioner further submitted that the annual Thrissur Pooram firework display is conducted within 100 meters of the Vadakkunnadhan and Paramekkavu Temple. The petitioner submits that as per the report submitted by the State Pollution Control Board in 2022, the noise levels exceeded 125 dB during fireworks displays on all three days. For context, the 2000 Rule caps sound level at 40 dB during night time and 50dB during day time in silent areas. Moreover, the Rules penalizes bursting crackers in silent zones. The petitioner submitted that during Thrissur Pooram, crackers were burst even at night timeThe petitioner also pointed out that in many temples, firecrackers are burst daily to mark the opening and closing of the temple which sometimes happens as early as 3 in the morning., Lakshmi K SThe plea has been moved by Advocates Praveen K Joy, T A Joy, E S Saneej, M P Unnikrishnan, N Abhilash, Albin Varghese, Abisha E R, Fathima Shalu S, Megha G, Ninishya BasheerCase Title: Venkitachalam v State of Kerala and OthersCase No: WP(C) 5139/ 2025

"Firecrackers Not Religious Or Customary Part Of Temple": Plea In Kerala HC Seeks Curb On Firecrackers At Vadakkumnadhan, Paramekkavu & Other Temples

Manju Elsa Isac

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