Judges cited public health risks, turtle deaths and tonnes of ritual waste as they sought stakeholder input before issuing final directions on Tamirabarani pollution.
The Madras High Court has ruled that religious freedom cannot justify polluting the Tamirabarani river, as it moved to curb the dumping of clothes, slippers and other ritual items after last rites and ancestral ceremonies.
“No one has the right to pollute a water body even in the name of religion. This can be taken as an axiomatic proposition,” the court said on July 9, adding that the perennial river, which supplies drinking water to crores of people, could not be allowed to become contaminated.
A bench comprising Justices G R Swaminathan and B Pugalendhi made the observations while hearing a petition filed by Sivanupandian, who challenged proceedings concerning his occupation of Anandha Vilas Mandapam near Papanasam in Tirunelveli district.
Although the case began as an eviction dispute, the hearing turned to widespread pollution linked to ritual practices along the riverbanks after the issue was brought before the court. The matter was posted for further hearing on July 16.
The Tamirabarani is one of the few perennial rivers in the southern Indian state of Tamil Nadu and is a major source of drinking water.
Thousands of devotees gather every year at Papanasam and other bathing ghats, particularly during Aadi Amavasai and similar occasions, to perform rites for their ancestors. Many leave clothes, towels, slippers and other ritual materials in the river.
“The statistics are alarming. The administration has to necessarily educate the masses on a war footing,” the court said.
Data collected between May 7 and May 28 showed that authorities removed 86-90 tonnes of clothes, 2.2 tonnes of holy ash, 1,385 kilograms of plastic waste, 374 kilograms of sanitary waste and large quantities of glass, slippers and other materials from the river.
The judges acknowledged that the matter involved “the beliefs and sentiments of millions of Hindus” and noted that Article 25 guarantees religious freedom subject to public health.
“Believers can do what is spiritually beneficial to them provided it has no adverse implication for ecology and does not violate the rights of the other members of the society,” the court said.
The bench directed the administration to intensify public awareness campaigns and reminded citizens of their constitutional duty under Article 51A(g) to protect rivers and the environment.
During the hearing, the judges spoke with environmental activist Thiru Moorthy, who has been leading efforts to clean the Tamirabarani with the support of local authorities, temple officials and members of the Aripukarargal community.
The court recorded its appreciation for Moorthy’s work and noted his statement that at least one tonne of discarded clothes and other materials was dumped into the river every day.
Moorthy also told the court that when temple authorities attempted to stop dumping at one location, devotees simply moved to another stretch of the riverbank.
The High Court raised health and ecological concerns linked to the discarded materials. It observed that while cotton clothes are biodegradable, synthetic fabrics become trapped in the riverbed and create breeding grounds for harmful bacteria such as E coli.
“Tamirabarani has been a perennial river catering to the drinking water needs of crores of people. It cannot be allowed to be polluted,” the court said.
The bench also noted that Indian black turtles and Indian flapshell turtles become entangled in discarded clothes and die from suffocation.
Broken glass from photo frames thrown into the river also poses dangers to aquatic life and people involved in cleaning operations, it added.
Citing Section 36 of the Tamil Nadu Public Health Act, 1939 and Section 24 of the Water (Prevention and Control of Pollution) Act, 1974, the court said the law prohibits river pollution.
Referring to Supreme Court rulings, the judges reiterated that the right to pollution-free water forms part of the fundamental right to life under Article 21 and that no religion promotes practices that cause pollution.
The bench said it would not issue final directions without first hearing religious organisations and other stakeholders.
It also noted that a large tank under construction near the riverbank could be used for performing rituals without contaminating the river.
The Tirunelveli district collector was directed to publish a notice inviting submissions from stakeholders and present the court with a comprehensive proposal for addressing the problem.
Source: The India Express
