New Delhi: Former Supreme Court judge Justice Abhay S Oka, who headed the bench that had imposed a year-round ban on firecrackers in Delhi-NCR, has broken his silence following a recent Supreme Court order allowing the use of “green crackers” during Diwali.
Delivering a lecture titled “Clean Air, Climate Justice and We – Together for a Sustainable Future” at an event organised by the Supreme Court Bar Association, Justice Oka said,
“Judges should not get affected by popular or religious sentiments if they truly want to uphold the fundamental rights and duties, and if they truly want to protect the environment.”
He stressed that no religion condones environmental degradation, and condemned the growing tendency to justify pollution in the name of faith.
‘No Religion Permits Cruelty to Nature’
Justice Oka said practices such as bursting firecrackers, idol immersions, and the use of loudspeakers during religious events are not essential religious practices protected under the Constitution.
“Unfortunately, there is a tendency to damage the environment in the name of religion. But if we examine the tenets of all religions, we will find that every religion teaches us to protect the environment and show compassion to living beings,” he remarked.
“No religion permits us to destroy the environment or cause cruelty to animals while celebrating festivals.”
He added that the failure of both citizens and the State to perform their fundamental duty under Article 51A of the Constitution remains the key reason for India’s environmental decline.
‘Firecrackers Are Not an Essential Religious Practice’
Referring to his own judicial experience, Justice Oka said he usually avoids commenting on cases he has adjudicated but made an exception for the firecracker case.
“Bursting of firecrackers is not confined to any one religion. They are used during Diwali, New Year celebrations, and weddings of all communities. Can anyone say that bursting firecrackers is an essential part of any religion protected by our Constitution?”
He questioned the logic of deriving joy from pollution:
“When we celebrate festivals, it should bring happiness. But how can there be joy in bursting crackers that cause irritation to the elderly, infants, birds, and animals?”
‘Idol Immersion Should Not Pollute Rivers’
Justice Oka also expressed concern over river and beach pollution during idol immersions, urging citizens to adopt eco-friendly alternatives.
“Please visit the beaches of Mumbai after Ganpati visarjan. You can see the damage we cause by immersing idols made of plaster of Paris,” he said, recalling that certain judicial orders had permitted environmentally harmful practices in the past.
He praised civic efforts to create artificial ponds for idol immersion, calling them a “silver lining,” but lamented that the public had not yet fully embraced such initiatives.
‘No Religion Encourages Loudspeakers’
Speaking on noise pollution, Justice Oka said celebrations across faiths have become sources of sound pollution.
“We use loudspeakers that make buildings and vehicles vibrate. I don’t believe any religion encourages this. The Bombay High Court had already ruled that the use of loudspeakers for azaan is not an essential religious practice, and this was upheld by the Supreme Court.”
He concluded with a question for introspection:
“Why do we require loud music to celebrate festivals? What joy do we get by creating noise pollution that harms human beings, especially the old and infirm?”
‘No Religion Permits Destroying The Environment’: Justice Abhay S Oka On Firecrackers
