Religious Activities and Its Impact on Environment: A

Socio-Legal Study
Submitted by-

Divyaraj Jain

SM0121021

Faculty in charge –

Dr. Shailendra Kumar

NATIONAL LAW UNIVERSITY AND JUDICIAL ACADEMY

GUWAHATI, ASSAM
TABLE OF CONTENTS

❖ Introduction 1
➢ Scope and Objective 3
➢ Research Questions 3
➢ Research Methodology 3
❖ Diwali: festival of ‘lights’ or festival of ‘noise and air’ pollution? 3
❖ Holi: Festival of ‘colours’ or ‘pollutants’? 5
❖ Cremation: Man pollutes dead or alive? 5
❖ Rivers: Holy ‘rivers’ or holy ‘sewers’? 6
❖ Conclusion 8
❖ References 9

Introduction

India is a land of diversity boasting different cultures, religions, dialects, traditions etc. Along with each
religion comes different religious activities and celebrations. Festivals in India are like one big religion in
itself. When all of India celebrates together, it is a sign of unity and cohesion. I use the term "the entire of
India" because, whether it is Eid or Christmas, everyone in India celebrates and there is a joyful mood,
even if they are neither Muslim or Christian. Similar situations arise when people of all religions do the
Laxmi Puja or welcome Lord Ganesh on Ganesh Chaturthi, regardless of their affiliation. Every Indian
festival is celebrated in a distinct manner. Indian festivities have evolved significantly throughout the

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years, from flying multicoloured kites during Makar Sankranti to donning nine different colours for nine
days of Navratri. Because so many gifts and sweets are given out during these celebrations, a lot of
money is made and jobs are created as a result. Finally, there is a feeling of unity among all Indians.
Families gather together and spend quality time together, stress and other workload are greatly reduced
because practically every festival is a holiday, and people celebrate each festival by showing respect for
other nationalities. While these celebrations are a joyous period for us humans, we fail to realise the
aftermath that they cause to our environment. From the burning of harmful crackers to submerging of
non-biodegradable ganpati idols, our environment suffers more and more. While some damages are
visible enough some remain oblivious, i.e. the usage of loudspeakers during Ganesh Chaturthi or prayers
performed along with bells and drums. Since we are aware that "religious freedom" and "environmental
protection" are two distinct concepts, even though there has occasionally been seen overlap, we may
claim that both have their own unique meanings. Consider Article 19(1)(a) of the Indian Constitution,
which states that everyone has the right to freedom of speech and expression, subject to some reasonable
limitations on decency, morality, state security, defamation, and instigation of crime. The right to religion
under Articles 25 and 26 are subject to "public order, morality, and health" and that no religion prescribes
or preaches that prayers are required to be performed through voice amplifiers or beating drums. This is
with regard to religious freedom, neither any religion prescribed that prayer should be performed by
disturbing the peace of another nor did it preach that they should be through beating of drums or voice
amplifiers. History demonstrates that firecrackers are not an essential component of Diwali and are
instead a Chinese and Mughal legacy. The exploding of firecrackers is a recent phenomenon in north
India that became popular as soon as firecrackers were made available to the general public. History
demonstrates that firecrackers are not an essential component of Diwali and are instead a Chinese and
Mughal legacy. The exploding of firecrackers is a recent phenomenon in north India that became popular
as soon as firecrackers were made available to the general public.1 Many such leading celebrations of
these religious activities have turned into an integral weapon of environmental degradation. Further in this
project we’ll be looking at such religious activities and its impact on the environment along with the legal
stand taken both for and against such activities by the judiciary in India.

1
Shweta Sengar, A Festival Of Lights, Or A Festival Of Bursting Firecrackers? A History Of Diwali Celebrations,
India Times (November 3rd, 2021).

2
Scope and Objective

The scope of this paper is limited to understanding the socio-legal status of the linkage between various
religious activities and its impact on the environment. The paper focuses specifically on certain religious
activities and aims to understand the impact it has on the environment. The paper further analyses how the
legal authority has reacted to the same.

Research Questions

● Diwali: festival of ‘lights’ or festival of ‘noise and air’ pollution?

Research Methodology

This paper is based on doctrinal research methodology. Under primary sources Environmental Protection
Act and Environmental Protection Rules are referred. Survey conducted by Rajasthan University and
various articles by reputed news portals are referred to under the secondary research.

Diwali: festival of ‘lights’ or festival of ‘noise and air’ pollution?

The festival of the return of lord Rama which was originally celebrated by lighting of diyas has now
turned into a night long light and sound show of firecrackers. The pollution produced by the various
types of crackers is exceedingly severe, rendering the air unbreathable and the noise levels unbearable.
Fireworks raise sulphur dioxide levels 200 times higher than the World Health Organisation's
recommended safe levels (WHO). Both asthma attacks and new cases can be brought on by pollutants. To
tackle this ever-worsening situation both judiciary and legislature has enacted several laws. According to
Rule 89 of the "Environment Protection Act, 1986 and the Environment (Protection) Rule, 1986 and 1999
(amendment) rules, it is unlawful to produce, sell, or use fireworks that produce noise levels that are
greater than 125 dB(AI) or 145 dB(C) pk at a distance of 4 metres from the point of bursting”.2 Since

2
Environmental (Protection) Rule 1986, § 99, Acts of Parliament, 1949 (India).

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determining dB (decibel) levels involves skill, the manufacturer must follow this regulation, and it is the
responsibility of the consumer to avoid purchasing crackers that are in violation of this rule. In assistance
to that the Explosives Rules 2008 (Rule 14) mandates that “every manufacturer shall on the box of each
firecrackers shall mention details of its chemical content, sound level and that it satisfies requirements
laid down by the chief controller”.3 Further the illegal import, possession, and sale of fireworks with
foreign origin has been outlawed by the Department of Industrial Policy and Promotion, Ministry of
Commerce and Industry. It is illegal to make, possess, use, sell, or possess any explosives that contain
sulphate or sulphate combined with chlorate throughout the nation. The landmark case "Prevention of
Envn. & Sound Pollution v. Union of India" from 2005 established a few crucial rules for dealing with
firecrackers and other sound pollution issues. The highlights of the above case are
1. The Department of Explosives may classify firecrackers into two groups: those that make sound
and those that emit colour or light
2. Between the hours of 10 p.m. and 6 a.m., sound-emitting firecrackers are strictly prohibited. It is
not essential to set time limits on when colour- or light-emitting firecrackers can be set off.
3. Each firecracker's box must state the manufacturer's name, the firecracker's chemical
composition, and that it complies with Department of Explosives regulations.4

It has been more than fifteen years since this judgement yet the positive effects of it remain negligible.
Time restrictions are barely followed and both the quality and the packaging of the locally sold
firecrackers remain questionable. The authorities' hesitation and reluctance to carry out this decision has
caused the Supreme Court to voice its displeasure and concern over it. PM2.5 readings in Delhi reached
883 during the 2016 Diwali celebrations due to the widespread usage of firecrackers and pyrotechnics. As
a result, the sale of fireworks in Delhi was prohibited by the Supreme Court of India in time for the 2017
Diwali festivities. While the court's injunction did lower the PM2.5 levels, numerous street vendors and
community leaders continued to sell or give away firecrackers, indicating that the ruling itself was not
fully enforced. The decision was also unpopular with the public, which further hampered efforts to reduce
pollution caused by holidays. Additionally, the action incensed conservative segments of Hindu culture,
who interpreted the ban on fireworks as a liberal or Muslim-sponsored anti-Hinduist plan.5 Whenever
judiciary or municipality authorities make an attempt to bring the festivities in line with the legislation the
public sentiments are dragged in. The authorities intention are not to infringe on people’s right to
celebrate religious festivities but is to bring them in accordance with law and order. The opinion was held

3
Explosive Rule 1986, § , 14cts of Parliament, 1949 (India).
4
Prevention of Envn. & Sound Pollution v. Union of India AIR 2005 SC 3136.
5
Jeremy Luedi, ‘Must Hinduism change to save India's environment?’, Asia by Africa (May 13th, 2018)

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by the Bombay high Court in one such case where the court had ordered the demolition of pandals and
opposition urged the court to “Don’t stop religious festivals”. To this, Justice Oka said, “Who is stopping
celebration of festivals? We never stopped them…that is never our intention. We are only saying the
festivals be celebrated in accordance with law.” The court added: “The civic authorities should work as
per the principles of secularism while dealing with such matters. You cannot go by public sentiments.”

Holi: Festival of ‘colours’ or ‘pollutants’?

One might think Holi would be a safer and less harmful festival than Diwali but the reality is far from it.
Many studies have proven that modern day Holi celebrations stand along with the other highly polluting
and hazardous festivals. The results of a study conducted by researchers Joy Joseph Gardner from the
University of Rajasthan and Deepanjali Lal from Jaipur National University on the effects of Holi colours
on both water and soil were astounding. Since they are highly structured polymers, the synthetic colours
that are employed are essentially indestructible by biological processes. These colours are made from
hazardous materials such alkalis, mica, glass powder, and acids. They are often not eliminated from waste
water by standard waste water treatments and are not easily degradable under natural settings. Thus, it has
been discovered that a number of bacteria may totally mineralize coloured soil and water as well as
decolorize it under both aerobic and anaerobic conditions.6

Cremation: Man pollutes dead or alive?

A man not only pollutes when is alive but makes the environment suffer even dead. Various cremation
methods affect the environment differently. Most prevalent cremation method of burning and scattering of
ashes according to hindu religion has various impacts on the environment. “A traditional Hindu funeral
pyre takes six hours and burns 500-600 kg of wood to burn a body completely. Every year, 50-60 million
trees are burned during cremations in India, which results in about eight million tonnes of carbon dioxide
or greenhouse gas emissions.”7 In 2016, while hearing a a plea by advocate DM Bhalla, who had said that
cremation of humans by conventional methods added to air pollution, therefore, alternative modes of

6
Gardner, Joy & Lal, Deepanjali, ‘Impact of 'Holi' on the environment’, Research Gate (2012).
7
Darpan Singh, ‘Capital greens reduced to ashes, trees cut and sent to crematoriums’, India Today(June 1st,2015).

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cremation needed to be used, the National Green Tribunal (NGT) has questioned the long-standing Hindu
custom of cremating the dead next to rivers, claiming that this practise pollutes the air and harms natural
water supplies. The NGT panel, led by Justice UD Salvi, also ordered the Delhi government and the
Union Environment Ministry to launch programmes to provide alternatives to traditional cremation
procedures for human remains because they spew dangerous pollutants into the environment. "The issue
involves question of faith and circumstances in which the people live, it is, therefore, the responsibility of
the men who lead, particularly religious leaders, to steer the faith in a direction so as to change the
mindset of people practising their faith and make them adopt practices which are environment-friendly,"
the bench observed while directing authorities, including civic bodies, to educate the public in this regard.
"It is also the responsibility of the government to facilitate the making of the mindset of the citizens as
well as to provide environment-friendly alternatives for cremation to its citizenry," the bench further said.
Touching on the issue the Tribunal noted that “the issue involves questions of faith and circumstances in
which people live. It is, therefore, the responsibility of the men who lead, particularly religious leaders, to
steer the faith in a direction so as to change the mindset of people practising their faith and make them
adopt practices which are environment-friendly.”8 Even after the appeal by the NGT little to no change
was observed towards greener cremation methods. The National green tribunal again in 2022 persuaded
government authority and citizens to make a shift towards greener alternatives. A bench headed by NGT
Chairperson Justice Adarsh Kumar Goel said air pollution takes place in the course of cremation and
electric/PNG crematoria can be set up as an option to the wood-based crematorium. The tribunal stated
that, in accordance with religious doctrine, open burning of 350–450 kg of wood during a cremation is
thought to be devout. The green panel stated that it has requested that all states and UTs consider
corrective measures to minimise such pollution and educate and encourage individuals to transition to
environmentally friendly methods of cremation while emphasising that it has no desire to offend any
religious beliefs.9

Rivers: Holy ‘rivers’ or holy ‘sewers’?

After Durga Puja, tonnes of debris have been dumped in the river, placing tremendous pressure on what
was once Delhi's lifeline. Even though it may be required by religion and tradition, the river's state

8
Sneha Kalani, ‘NGT questions Hindus' cremation procedure’, India TV (February 3rd, 2016).
9
Aditya Raj, ‘Cremation pollution: NGT asks states to explore electric’, PNG crematorium’, Business Standard
(April 17th, 2022).

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requires that this practise be scaled back or abandoned. Toxic paints and non-biodegradable materials are
present on the idols and other submerged artefacts. These suffocate a river that is already struggling to
survive; along a 22-km section of the river that runs through Delhi, there is absolutely no aquatic life.
Additionally, at least 21 drains daily dump their wastewater into the river, which accounts for 67% of the
pollution. It's not as if there's no way to avoid this immersive experience. There are tanks scattered
throughout where the idols and related things are submerged. The Yamuna is regarded as a holy river and
there is no reason to further degrade it if the immersion of idols in rivers is a matter of faith. Nowadays, a
lot more people than before use eco-friendly material idols. Many of the other puja's accessories can be
recycled, negating the need to throw them into any rivers. However, given the river's appalling
state—which has been reduced to little more than a drain in many places as it passes through Delhi—it is
obvious that the relevant authorities must place limitations on submerging non-biodegradable things on
the basis that doing so is consistent with faith. The Ganga is also extremely polluted as a result of the
devout submerging various objects of worship in it. The Ganga Action Plan has cost hundreds of millions
of dollars, but the river is still filthy and its waters are unsafe for bathing or drinking. Huge sums of
money have been spent on sewage treatment plants for the Ganga and Yamuna, but so far there hasn't
been much of an impact. The Hindon river in Uttar Pradesh and the Mithi river in Mumbai are both
flowing in the same direction, and the Central Board for Pollution Control claims that not a single river in
India can be considered to be pure. The job of purifying a filthy river is not insurmountable. The Thames
was severely polluted not long ago. The river is now home to a variety of aquatic life and is regarded as
one of Europe's cleanest. Even while the task at hand is enormous, there are some things we can do to
help, like reducing these mass immersions, and preparation for future celebrations must start right away.10
Indian judiciary is also taking an active role in restricting polluting of rivers for religious purposes. Last
year in September on a petition submitted by the Greater Hyderabad Municipal Corporation, a three-judge
bench chaired by then Chief Justice of India (CJI) N.V. Ramana issued the ruling (GHMC). The
municipal organisation had requested a stay of a Telangana High Court decision dated September 9 that
forbade the immersion of plaster of Paris (PoP) Ganesha idols in the lake. The supreme court overturned
the high court's order permitted the immersion of idols made out of plaster of paris for the ‘last time’. The
order came in light of the arrangements done before the judgement and taking the feelings and excitement
of people. However the municipality was made to ensure that as soon as the immersion ceremony was
concluded the idols were to be removed. Further the court also appealed to the state government to come
up with proper regulation to restrict the immersion of POP idols from next year. The court stated that it
was not supporting the government by staying the High Court order. The stay was based on the

10
Yash MIttal, ‘Religion Should not be a reason to choke our rivers’, Hindustan Times (October 13th, 2016).

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undertaking given by Solicitor General Tushar Mehta, appearing for Telangana, that there would be no
immersion of PoP idols from next year. The court noted that “lakhs of people” were geared up for the
celebrations this year. “But this is the last time,” Chief Justice Ramana cautioned the State government.
The court asked the government to state this assurance in an affidavit before it. Unfortunately, India's
rivers are under tremendous pressure due to the propensity for cremation, which is exacerbated by the
country's vast population. River ecosystems are deteriorating due to pollution from both the cremation
process itself and the disposal of both cremated and non-cremated remains in rivers. The Ganges is
already clogged with sewage and domestic trash, the Yamuna ecosystem is largely dead, and the
Godavari, Krishna, and Kaveri rivers scarcely (if at all) reach the Bay of Bengal. India's rivers are in a
terrible shape. Despite being one of the world's most dangerous rivers, the Ganges continues to be the
principal supply of drinking water for 400 million Indians.

Conclusion

Religion plays an important role in an individual’s life, it is through his religious beliefs that a person
shapes his life and habits. If we look at the religions in India and their holy scriptures, nature is given a
supreme value. For example, in Rig vedas earth, water, fire, air and space are considered as basic
elements which creates the world as we know it and it is said that it is our duty to respect, conserve and
protect them. The hindu doctrine of reincarnation says that life can be reincarnated into any living form
therefore we should respect nature and all living beings. Sadly humans have long forgotten these basic
tenets of their religion and have been violating these principles for its own benefit and the environment is
suffering the cost. The return of lord Rama which was said to be celebrated by lighting of ‘diyas’ has now
turned into an occasion to harm the environment by noise, air and sound pollution. Rivers which are
considered as holy deities are being choked by the industrial and commercial waste. Banning of fireworks
is often argued with the loss in employment and revenue. So the choice is between some monetary loss,
which can be recovered by some other means, and environmental damage which is irreparable?

References

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● Environmental (Protection) Rule 1986, Acts of Parliament, 1949 (India).
● Shweta Sengar, A Festival Of Lights, Or A Festival Of Bursting Firecrackers? A History Of
Diwali Celebrations, India Times.a
● Explosive Rule 1986,Acts of Parliament, 1949 (India).
● Gardner, Joy & Lal, Deepanjali, ‘Impact of 'Holi' on the environment’, Research Gate (2012).
● Darpan Singh, ‘Capital greens reduced to ashes, trees cut and sent to crematoriums’, India Today.
● Sneha Kalani, ‘NGT questions Hindus' cremation procedure’, India TV (February 3rd, 2016).
● Yash MIttal, ‘Religion Should not be a reason to choke our rivers’, Hindustan Times (October
13th, 2016).
● Aditya Raj, ‘Cremation pollution: NGT asks states to explore electric’, PNG crematorium’,
Business Standard (April 17th, 2022).
● Jeremy Luedi, ‘Must Hinduism change to save India's environment?’, Asia by Africa (May 13th,
2018)