No right to pollute rivers in the name of religion: Madras High Court on Thamirabarani rituals

Nobody has the right to pollute a water body in the name of religion, the Madras High Court recently said while flagging the large-scale dumping of clothes and other articles in the Thamirabarani river during rituals for the dead [Sivanupandian v. District Collector and others].

In an order passed on July 9, a Madurai bench of Justices GR Swaminathan and B Pugalendhi said that religious freedom under Article 25 of the Constitution is subject to public health.

Believers may undertake practices that are spiritually beneficial to them only if such practices do not harm the environment or violate the rights of others, the Court added.

“No one has the right to pollute a water body even in the name of religion,” the Bench underlined.

The Court was hearing a petition challenging proceedings initiated under the Tamil Nadu Land Encroachment Act against the petitioner concerning a mandapam in Tirunelveli district.

During the hearing, the Court was informed that thousands of devotees visit the bathing ghats of the Thamirabarani river to perform obsequies. These rituals involve discarding used and unused garments, towels, slippers and articles associated with the deceased.

The Bench interacted with an activist named Moorthy involved in cleaning the river. He informed the Court that at least one tonne of garments is dumped into the river every day.

The order also referred to a booklet which stated that between May 7 and May 28, cleaning efforts recovered 86 to 90 tonnes of clothes from the river. The waste collected also included 1,385 kilograms of plastic, 374 kilograms of sanitary napkins and diapers, 220 kilograms of glass bottles and 115 kilograms of slippers.

The Court noted that polyester clothes are not biodegradable and could become breeding grounds for bacteria after becoming trapped in the riverbed. Indian black turtles and Indian flapshell turtles found in the river could also become entangled in the clothes and suffocate.

The Bench said that pollution-free water is protected under Article 21 of the Constitution. It also referred to Section 36 of the Tamil Nadu Public Health Act, 1939 and Section 24 of the Water (Prevention and Control of Pollution) Act, 1974.

The statistics placed before it were alarming and required the administration to educate people on a war footing, the Court said.

“Because it is destroying the river, we feel compelled to intervene.”

However, the Bench refrained from immediately passing prohibitory directions since the issue concerned the religious beliefs and sentiments of a large number of Hindus. It said that stakeholders should be heard before any final order is passed.

The Court directed the Tirunelveli District Collector to publicly announce that it proposes to pass orders on July 16. Religious bodies and activists have been permitted to intervene and make submissions.

The district administration was also directed to place proposals before the Court for a final solution.

Advocate Ramasamy S represented the petitioner.

Government Advocate M Kannan appeared for the authorities.

Advocates VR Shanmuganathan and N Sharmiya represented the Hindu Religious and Charitable Endowments Department.

[Read Order]