Harming Environment During Festivals, Religious Practices Not Protected By Right To Freedom Of Religion: Justice Oka

Addressing the environmental impact of religious ceremonies during festivals in India, former Supreme Court judge Justice Abhay Oka recently said that an act that damages the environment in the name of religion shall not be protected under Article 25 of the Constitution.

"while performing so called religious ceremonies, we damage our rivers, seas and lakes and we pollute water. Article 25 protects right to worship and to perform essential religious ceremonies, since it is subject to other articles of part III, the act of damaging environment in the name of religion is not protected. We can avoid this only when we have a scientific temper" the former judge said.

Justice Oka stressed on the use of loudspeakers and pollution of rivers during festivals and other religious ceremonies to highlight that use of technology does not necessarily mean existence of scientific temper.

He questioned, "Can we claim that we did not damage and pollute our rivers? Can we say that our rivers will remain holy with all the pollution we have caused to our rivers?"

Further, lamenting the superstitions prevailing in India, Justice Oka commented that anyone who proposes religious reforms gets targeted by religious groups and it is projected as if the reforms are interfering with the rights under Article 25 of the Constitution. He also highlighted how the political class, which seeks to appease voters in the name of religion, does not care about reforms.

On the State's duties under Article 51A and its failure to perform them, Justice Oka further said, "recently I read in the newspaper that there is a proposal to cut hundred years old trees for the Kumbh Mela in Nashik which is to take place in 2027. Apart from the failure of individual citizens to develop scientific temper, why does it happen? It happens because of the failure of the collective fundamental duty of the State to abide by Article 51A."

He added that if we had perfectly performed our duty of developing scientific temper and state of reforms, we would not have allowed killing and sacrificing of animals or the indiscriminate use of loudspeakers during festivals.

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Bursting Crackers, Idol Immersions, Loudspeakers Not Essential Religious Practices; No Religion Permits Pollution : Justice AS Oka