The Bombay High Court has said environmental issues should not be given a communal colour and that citizens of every religion have the right to participate in festivals.

The Bombay High Court has directed the Brihanmumbai Municipal Corporation (BMC) to re-upload an awareness video on Diwali featuring actor Dia Mirza, which was removed from its social media platforms following objections by political leaders.

A Division Bench of Justice Girish Kulkarni and Justice Neela Gokhale, on November 3, expressed deep displeasure over the controversy and questioned the objections raised against Mirza's participation in the civic body's campaign promoting an environment-friendly Diwali.

Court has observed that India is a secular country and that no individual can be prevented from participating in the celebration of a festival merely because of their religious identity. "How can you object to someone's participation just because that person is from some other religion? Aren't we a secular country?" the court orally remarked.

High Court has said it was disturbed by the comments made by certain politicians against celebrities who had voluntarily participated in a public awareness initiative undertaken by the civic body.

It observed that the campaign was intended to sensitise citizens about the harmful effects of firecrackers, including air and noise pollution, and there was no justification for giving the initiative a different colour."The issue pertains to the environment and every person, irrespective of their religion and caste, is breathing the same air," the Bench observed.

The judges also observed that the environmental issue should not be hijacked by giving it any other colour. "Our order is throughout all 365 days. This environment issue should not be hijacked by giving it any other colour. It is purely an environment issue. Anybody, whoever breathes in the city or in the country, is breathing the same air," the Court remarked.

The matter arose during the Bombay High Court's ongoing suo motu proceedings concerning noise and air pollution caused by firecrackers during festivals, titled In Re: Noise and Environmental Pollution.

On October 26, the High Court had asked civic authorities to involve prominent personalities in an awareness campaign, without charging any fees, to sensitise citizens about the harmful effects of bursting firecrackers.

Following the Court's suggestion, the BMC, Maharashtra Pollution Control Board and police authorities involved several celebrities, including Dia Mirza, actor Madhuri Dixit and cricketer Ajinkya Rahane, to promote an environment-friendly Diwali. Mirza's video urged citizens to celebrate Diwali with lights rather than noise and to avoid bursting firecrackers on public roads.

However, the video triggered a controversy after Mumbai BJP chief Ameet Satam objected to the actor's inclusion in the campaign. Mumbai Mayor Ritu Tawde subsequently described Mirza as having an "anti-Hindu" and "anti-Hindutva" stand.

Maharashtra Minister Nitesh Rane also criticised the actor, questioning why she appealed for an environment-friendly Diwali but did not make similar appeals during Eid, Muharram and Bakri Eid. Following the objections, the BMC removed Mirza's video from its social media platforms, while other celebrity videos continued to remain available.

Taking note of the controversy, the High Court expressed concern that a campaign intended to promote environmental awareness had been given a communal colour. It observed that Mumbai survives on togetherness and a strong sense of belonging, which should not be disturbed by loose comments.

It further said that the BMC Commissioner had taken appropriate steps by involving celebrities in the awareness campaign and that there was no justification for a knee-jerk reaction to objections raised by a few individuals.

Court has left it to the civic authorities to take appropriate steps to restore the video and posted the suo motu proceedings for further hearing on November 19.

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