Former Supreme Court judge Justice Abhay Oka on Friday questioned the growing damage to the environment in the name of religious practices, calling on society to reflect on the real cost of development and pollution.
He was speaking at an interactive session on environmental justice organized by the Interactive Lawyers Association for Women at the Bombay High Court.
“I am not a religious person, but no religion permits you to damage the environment,” he said, referring to the practice of idol immersions during festivals like Ganpati, Chhath Pooja, and Navratri.
Justice Oka asked whether polluting rivers and beaches could ever be justified as religious freedom, adding that no one has successfully argued that the right to pollute is protected under Article 25 of the Constitution of India.
"Now look at our seas and rivers, Ganpati immersion, Chhath Pooja, Navratri Visarjan… are we not damaging our seas? I am not singling out a particular religion. I have always asked this question to myself: which religion supports this ... that by celebrating religious festivals, you contaminate rivers, seas, our beaches? I don’t think so far anyone has argued that the right to create pollution is part of Article 25. Nobody has made that argument. In fact, we have turned down that argument in a noise pollution matter, that using loudspeaker for Azaan is part of Article 25", he said
"I am not a religious person but whatever literature I have reviewed… no religion permits you to damage the environment. But in the name of religion, we damage the environment. What happened in Ganga because of that festival (Kumbh Mela) how many crores went there for taking bath? Somebody has to ask a question: are we not polluting river water? I don't know who that is… somebody has to ask that question.", he added
Justice Oka said he had consistently held in his judgments that the right to live in a pollution-free environment is a fundamental right under Article 21. Environmental degradation, whether in the form of air, water, or noise pollution, directly infringes upon this right, he said.
He also praised the significant role played by women lawyers in environmental cases. He recounted that while Supreme Court judge, he heard the MC Mehta batch of pollution-related cases, in which major arguments were led by women lawyers including Senior Advocate Aparajita Singh, Additional Solicitor General Aishwarya Bhatti, and Senior Advocate Menaka Guruswamy.
Justice Oka went on to criticise the collapse of solid waste management in major Indian cities. He recalled how in 2016, Mumbai was generating 5,000 metric tonnes of waste daily, most of which remained untreated.
In Delhi, he noted that 3,000 metric tonnes of waste could not be processed each day, leading to hazardous landfill sites.
On the legislative front, Justice Oka expressed concern over the dilution of the Environment Protection Act. He pointed out that until April 2024, violations were criminal offences punishable by imprisonment. He went on to note that recent amendments replaced prison terms with financial penalties, effectively making the law “toothless.”
“These Acts, based on international conventions, have now become toothless Acts. Under the new law, for certain projects, you need prior environmental clearance but if somebody violates, we can pass orders for demolition but nobody can be sent to jail," he said.
Touching upon the definition of development, he argued that the construction of towers, roads, and bridges alone does not reflect meaningful progress.
“If you go by the real meaning of development by constitutional courts, when can we say that a city is developed? When that city provides affordable housing to the common man, affordable medical facilities, affordable facilities for the education of children, where people can breathe fresh air, where you ensure that all water bodies are preserved free from pollution," he explained.
The session concluded with a reminder that environmental damage is often permanent and progressive.
“We also learn from our mistakes, but the aftereffects of today’s destruction may last forever,” Justice Oka warned.