New Delhi [India], October 30 (HBTV): Former Supreme Court judge Justice Abhay S Oka on Wednesday said that bursting firecrackers, mass bathing in rivers, idol immersion, and the use of loudspeakers during religious festivals are not essential religious practices protected under Article 25 of the Constitution.
Justice Oka asserted that no religion permits or encourages environmental destruction, but instead teaches protection of nature and compassion toward all living beings.
‘Unfortunately, there is a tendency to damage the environment in the name of religion. If we examine the tenets of all religions in India, we will find the message of protecting the environment and showing compassion to living beings in each of them. No religion permits us to destroy the environment. Religion teaches us to protect the environment and to show compassion to living beings and animals. No religion permits us to cause cruelty to animals while celebrating festivals,’ Justice Oka said.
He was speaking at an event titled Clean Air, Climate Justice and We — Together for a Sustainable Future, organised by the Supreme Court Bar Association.
Elaborating on the need to protect the environment, Justice Oka said pollution of air and water must be regarded as a violation of the fundamental rights guaranteed under Article 21, which encompasses the right to live with human dignity.
‘I firmly believe that it is impossible to live with human dignity unless you have a healthy atmosphere,’ he said.
Justice Oka cautioned that environmental degradation undermines social justice, which is guaranteed under the Preamble of the Constitution.
‘We degrade the environment, believing that the Earth belongs to us. But on the contrary, we belong to the Earth,’ he said.
Highlighting the far-reaching consequences of environmental damage, he pointed out that it disproportionately affects the poor and marginalised.
‘Degradation of the environment affects the livelihood of the poor and marginalised. Talking about Delhi pollution, all of us sitting in this hall have air purifiers at our homes and offices. But the majority of the population of Delhi cannot afford these machines,’ he said.
He further said that from farmers and fishermen suffering due to water contamination to street vendors affected by air pollution, the most vulnerable groups bear the brunt of environmental degradation.
Justice Oka emphasised that every citizen has a fundamental duty to protect the environment while fostering a scientific temper and spirit of reform.
‘The duty of developing a scientific temper is not against any religion. The Constitution does not tell you not to keep faith in God or religion. It says that you must initiate reforms, and reforms can be initiated only on the basis of science,’ he said.
He added that judges must also lead by example in fulfilling their duty to protect the environment.
‘They (judges) are much better equipped than any common citizen to perform their fundamental duty because they have judicial power to ensure not only that citizens perform their fundamental duty, but also that the state does it,’ he said.
Justice Oka underscored that courts are custodians of the fundamental rights guaranteed under Article 21, which includes the right to live in a pollution-free environment.
‘When we do justice to the environment as judges, we do justice not only to human beings but to all living beings. We do justice to planet Earth. It is my personal view, considering today’s scenario, that the only institution which can protect the environment is the court or the courts of law,’ he said.
(ANI)