This article is written by Ishan Arun Mudbidri, from Marathwada Mitra Mandal’s Shankarrao Chavan Law College, Pune. This article talks about environmental jurisprudence, various festivals in India and their impact on the environment.
It has been published by Rachit Garg.
Table of Contents
Introduction
Ancient Indian culture has always been associated with nature. The end of the monsoon calls for the arrival of various Indian festivals. These festivals are celebrated with great pomp and fervour. However, many times while celebrating these festivals, we tend to neglect the impact it is having on our environmental surroundings.
Concept of environmental jurisprudence
In India, environmental importance has been prevalent and is mentioned in the Vedas, Upanishads, and various other Puranas. The concept of Dharma, known to many as the foundational principle of Hinduism, mentions that protecting the environment is an expression of Dharma. The Bhagwad Gita in many of its texts has referred to the presence of the Supreme Divinity throughout nature. In the later Vedic period, cutting trees and plants was strictly prohibited. It was, however, in the British era and post-independence, the real meaning of the term environmental jurisprudence was put forth.
Evolution of environmental laws in India
The basic meaning of the term environmental jurisprudence is the protection of the environment with various legal enactments. Article 51A of the Constitution of India makes protection of the environment a fundamental duty of every citizen of the country. Further, Article 21 guarantees the right to life, wherein the right to environment is a part.
In 1972, the Stockholm Conference on Human Environment was held by the United Nations wherein, various policies and plans were set up with regards to the protection of the environment. This gave rise to a well-defined and separate legal framework covering all the aspects of mother nature in India.
Laws relating to the protection of the environment
The Environment Protection Act 1986
This was the main legislation enacted to protect the environment in India. The Dehradun quarry case (1988), wherein the court banned the mining of hazardous materials in Mussoorie, was the first case under this act.
The National Green Tribunal Act 2010
Under this Act, the National Green Tribunal was established to hear cases relating to the protection of the environment, the protection of forests and wildlife, and everything else relating to nature.
Laws relating to pollution
The Air (Prevention and Control of Pollution) Act 1981
This Act was enacted to help in solving problems relating to air pollution, and also suggests ways with which air pollution can be reduced. This act has set up ambient air quality standards.
The Water (Prevention and Control of Pollution) Act, 1974
Similar to the air act, the Water (Prevention and Control of Pollution) Act seeks to reduce water pollution and lays down penalties for polluting different water bodies.
Laws relating to wildlife and forests
The Forest Conservation Act 1980
This Act helps to keep a check on deforestation, and also promotes social forestry.
The Wildlife Protection Act 1972
This Act aims at protecting various types of flora and fauna available in the country and suggests ways in which management of the wildlife can be improved.
Why festivals in India justify the phrase unity in diversity
Festivals in India are like one big religion in itself. It is a symbol of unity and togetherness when the whole of India celebrates unitedly. I say the whole of India because, when it is Eid or Christmas, the whole of India has a holiday and there’s a festive atmosphere even though one is not a Muslim or a Christian. Similar is the case during Diwali or Ganesh Chaturthi when everyone irrespective of their religion, does the Laxmi Puja or welcomes Lord Ganesh with equal love and affection.
All Indian festivals are celebrated in a unique way. From flying differently colored kites during Makar Sankranti to wearing 9 different colors during nine days of Navratri, Indian festivals have come a long way. Further, these festivals generate loads of income and help in employment because of the gifts and sweets that are distributed in huge numbers. Lastly, there is a sense of togetherness among all Indians. Families meet and spend quality time together, all the stress and other workload is largely narrowed down due to there being a holiday on almost every festival, and people celebrate each festival by respecting other ethnicities.
Impact of festivals on the environment
The end of the monsoon season calls for the arrival of different festivals in India. However, we people get so engrossed in the celebrations that we forget the harmful effect it might be having on other living beings.
Noise pollution
Noise pollution caused during festivals is by far the worst effect that festivals have on the environment. In almost every festival, there are huge loudspeakers and bursting of firecrackers which has a deadly effect on plants and animals. A survey conducted by the World Health Organization, states that noise pollution has a harmful effect on the environment and also human beings. High-decibel sounds affect toddlers, small children, and can cause health problems like sleep disorders and hearing loss.
Water pollution
The colors used in Holi season, idol immersion in water bodies done during Ganesh Chaturthi, chemicals used in making the idols get released into the water add up to the already existing water pollution.
Air pollution
The bursting of firecrackers during the festival of Diwali leads to the release of toxic gases into the air. This further leads to a rise in the respirable suspended particulate material in the air. In a survey conducted in 2014 by the World Health Organization, Delhi had the worst atmosphere in the world.
Dry waste
The bursting of firecrackers, unused Holi color packages littered around, all the material for the pooja which is unused being wasted, generates a lot of dry waste. Local government bodies do their bit in reducing these things, however, it is up to us human beings to spread awareness of civic sense amongst the people and be a little responsible.
As it is said that there are two sides of a coin, despite these ill-effects festivals in India worship nature. Festivals like Makar Sankranti, Baisakhi, Onam, are all celebrated to mark the beginning of the harvest season. Further, the Van Mahotsava also known as the festival of forests is celebrated to create awareness among the people about tree plantation and maintaining ecological balance. The Chhath Puja festival is celebrated to worship Surya Dev on the river banks. Further, festivals Naga Panchami and Gau Puja are celebrated to worship animals. Hence, there’s no doubt that most festivals in India cause harmful effects to the environment, but at the same time, some festivals make us aware of the importance of our environment.
Legal angle to the relationship between the environment and festivals in India
Article 25 of the Constitution of India, guarantees the freedom to practice religion with reasonable restrictions. However, the term reasonable restrictions doesn’t seem to apply to the manner in which we Indians celebrate festivals. The Covid-19 pandemic was possibly the first instance where there were restrictions on how we people celebrate festivals. No loud processions, no firecrackers, no loud music, and likewise. Article 21 of the Constitution gives us the Right to Life and Liberty, but it also mentions the right to a free environment which while celebrating festivals gets neglected many times.
It’s not like every Indian festival that is celebrated causes nuisance or pollutes the environment, but a few of the major ones do create an imbalance. The Supreme Court in Subhash Kumar v State of Bihar (1991), held that a pollution-free environment is an essential part of Article 21 of the Constitution.
Further, the ‘polluter pays principle’ also known as the 1992 Rio Declaration, is a universally accepted principle that whoever causes pollution, must pay for it to protect human health and the environment. However, as mentioned above, this seems to get neglected while celebrating certain festivals in India.
Diwali
When talking about festivals and environmental pollution, the Diwali festival seems to be the major talking point. The bursting of firecrackers during Diwali has caused and is causing a lot of pollution and thus harm to the environment. In a recent 2020 report of the IQ Air’s World Air Quality Report, India stands at third position out of all the countries in Central Asia, which is better than 2019 due to the pandemic but is still very alarming.
Judicial stand
The Environmental Protection Act 1986 in its Rule 89, states that the firecrackers generating a noise level above 145 dB(decibels) at 4 meters from the point of bursting shall be prohibited. Further, to identify such firecrackers, The Explosive Rules 2008 Rule 14 mentions that every firecracker shall have its details including the chemical details mentioned on the box in which they are being sold. The Supreme Court in a landmark judgment in the case of Prevention of Environment and Sound Pollution v Union of India (2005), laid down certain guidelines one of which included a complete ban on bursting firecrackers between 10 pm to 6 am.
As of now in 2021, there isn’t a complete ban on bursting firecrackers, however, with the Covid 19 pandemic still lurking around, there are certain strict state-wise guidelines regarding the sale, purchase, and bursting of firecrackers.
Ganesh Chaturthi
Ganesh Chaturthi is another equally important festival wherein, the whole of India welcomes Lord Ganesh with passion, love, and affection. However, the plaster of Paris used in making the idols, and the loud processions and music have caused a lot of harmful effects on the environment.
Judicial stand
The Delhi High Court in its judgment in the case of Free legal Aid cell Shri Sugan Chand Aggarwal v. Gov. of NCT of Delhi (2001), stated that noise can be regarded as a pollutant if it exceeds the reasonable limits mentioned in Article 21 of the Constitution.
Further, in the case of State of Bombay v Narasu Appa Mali (1952), the Bombay High Court ordered the authorities to regulate the use of loudspeakers used during Ganesh Chaturthi festivals and impose the Environmental Acts.
Despite such constant efforts by the courts, there is no legislation on festivals like Ganesh Chaturthi and Durga Puja. However, there have been certain reforms like the use of separate tanks to immerse the idols, eco-friendly Ganpati, green crackers, etc.
Conclusion
Nature is worshipped in India. Festivals are also celebrated in the same way. There is no legislation stopping people from celebrating their beloved festivals, and quite rightfully so, there shouldn’t be. The Constitution itself guarantees the freedom to live and enjoy life openly, however, with certain minor limitations. These minor limitations are laid down with a view to improving the overall well-being of the citizens and also for the development of the country. The same is the case with regards to celebrating festivals. We shouldn’t be so engrossed in the celebrations as to neglect every other living being around us. Nature is family. The governing authorities and the judiciary are doing their best to impose minor reforms by restricting certain firecrackers, keeping a neutral noise level, providing separate tanks for immersing idols, and much more to reduce pollution, waste, and overall harm to the environment. However, it is up to us common citizens to be aware and respect these reforms and celebrate within the limit.
References
- https://www.vpmthane.org/Publications/Indian%20Philosophy%20%20Its%20Relevance%20in%20the%2021st%20Century/K.K.%20Sunitha.pdf
- https://greenstories.co.in/indian-festivals-and-nature-conservation/
- https://pib.gov.in/newsite/printrelease.aspx?relid=105411
- https://www.policyforum.net/hindu-god-no-longer-green/
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