'Is bursting firecrackers essential part of religion?' ex-SC Judge A S Oka wonders

New Delhi: Former Supreme Court judge Justice Abhay S Oka on Wednesday wondered whether cracker-bursting during festivals like Diwali and Christmas was an essential part of religion, as he rued how the practice severely impacts the old, the infirm, and the animals.

The former judge, who passionately championed clean air and sustainability during his tenure, was speaking at the Supreme Court Bar Association (SCBA) lecture series on the topic 'Clean Air, Climate Justice, and We — Together for a Sustainable Future.' "Bursting of crackers is not confined to Diwali and Hindu festivals. In many parts of India, I have seen that on the first day of the Christian New Year, firecrackers are used. Firecrackers are used in marriage processions of people belonging to practically all religions.

"Can anyone say that bursting of firecrackers is an essential part of any religion which is protected under Article 25 (freedom of conscience and free profession, practice and propagation of religion)?" the judge said.

All the same, he wondered how one could derive joy and happiness by bursting crackers, which causes "huge irritation" to the old and infirm, birds and animals.

The judge said that while those who can afford, may protect themselves by keeping an air purifier, the luxury is not available to all.

"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 in Delhi cannot afford these machines.

"There are people who live in shanties, and a large population works on the streets; vendors, stall holders, this class of citizens is the worst affected by the pollution in Delhi, and for them the pollution becomes life-threatening in many ways," the ex-apex court judge said.

He said many religions and philosophies believe that nature is an act of divinity, but people ignore the tenet conveniently.

The judge said the most unfortunate part was that no political leader appealed to the public not to create pollution or not to destroy the environment while celebrating festivals.

"... the political class doesn't seem to know or be aware of this fundamental duty. The same is true also about our religious leaders, barring, of course, a few honourable exceptions," he said.

Justice Oka also urged the courts to keep in mind that it was also their duty to protect the environment, for they are in a far better position than a common man to do so.

"If the framers of the Constitution expect all citizens to perform their fundamental duty, it is all the more necessary for the judges who are supposed to become role models to do their fundamental duty of protecting the environment, protecting the living beings, protecting the plants, protecting our seas and lakes, because if judges don't perform their fundamental duty, who else will do it?" he said.

"The courts are custodians of fundamental rights guaranteed under Article 21, which includes the right to live in a pollution-free atmosphere. My personal view is that the only institution which can protect the environment is the court, or the courts of law," he added.

He said all courts must adopt a zero-tolerance approach to the violation of environmental laws, and must be extra sensitive to the degradation of the environment.

"... the courts must come down heavily on those who try to damage the environment and laws governing the environment," Justice Oka said and called for a stricter implementation of environmental laws.

SCBA President and senior advocate Vikas Singh hailed Oka for his commitment to environmental protection.

Singh remarked that people were "blessed in many ways but cursed also to be living in Delhi and to breathe this air most of the time," and demanded a Singapore-style strong response to curb air pollution.