Former Supreme Court judge Justice Abhay Oka highlights how environmental damage in the name of faith violates fundamental rights, stating, “No religion allows you to pollute.”
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NEW DELHI: Former Supreme Court judge Justice Abhay Oka questioned the continued degradation of the environment in the name of religious and developmental practices.
Speaking at an interactive session on Environmental Justice organized by the Interactive Lawyers Association for Women at the Bombay High Court, Justice Oka emphasized the urgent need to rethink how society views pollution, development, and constitutional rights.
Referring to practices like idol immersion during Ganpati, Chhath Pooja, and Navratri, Justice Oka posed a question that
“Can polluting rivers and beaches ever be justified as religious freedom?”
He said,
“I am not a religious person, but no religion permits you to damage the environment.”
He cited how the practice of loudspeakers during religious observances has also been challenged under the Constitution. Drawing from precedent, he emphasized that no one has successfully argued that the right to pollute is protected under Article 25, which guarantees the right to practice religion.
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He said,
“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”,
The judge questioned the environmental consequences of large-scale religious gatherings, particularly pointing to the Kumbh Mela and its impact on the Ganga River.
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.”
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Justice Oka reaffirmed a powerful legal principle that the right to live in a pollution-free environment is an inalienable part of Article 21, the right to life under the Indian Constitution. He said,
“Environmental degradation, whether in the form of air, water, or noise pollution, directly infringes upon this right.”
He praised the pivotal role of women lawyers in shaping environmental jurisprudence, highlighting advocates like Aparajita Singh, Aishwarya Bhatti, and Menaka Guruswamy for their leadership in landmark pollution-related cases such as the MC Mehta case.
Justice Oka also expressed grave concern over the collapse of solid waste management in cities like Mumbai and Delhi. He revealed that,
- Mumbai generated over 5,000 metric tonnes of waste daily (as of 2016), most of which remained untreated.
- Delhi is unable to process around 3,000 metric tonnes of waste each day, creating hazardous landfill sites.
He argued that this unchecked waste generation is a ticking time bomb for public health and ecological safety.
Turning to the legislative side, Justice Oka condemned the dilution of the Environment Protection Act, noting how recent amendments have made serious violations non-criminal.
“These Acts, based on international conventions, have now become toothless… We can pass orders for demolition, but nobody can be sent to jail.”
He warned that the removal of criminal penalties sends a dangerous message of non-accountability. Justice Oka challenged the conventional notion of development, arguing that it should not be defined by skyscrapers, roads, or flyovers, but by the quality of life offered to citizens.
“A truly developed city provides affordable housing, medical facilities, education, clean air, and unpolluted water bodies.”
He concluded by saying that,
“We also learn from our mistakes, but the aftereffects of today’s destruction may last forever.”
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