No religion permits cruelty to animals or destruction of environment: Justice Oka

Retired Supreme Court judge, Justice AS Oka has said that religion teaches us to protect the environment and to show compassion to living beings. Speaking at a lecture titled “Clean Air, Climate Justice and We – Together for a Sustainable Future” organised by the Supreme Court Bar Association, Justice Oka added that no religion permits us to destroy the environment or cause cruelty to animals while celebrating festivals.

“The most crucial reason for our failure to protect the environment is the failure of both citizens and the State to perform their fundamental duty under Article 51A of the Constitution,” Justice Oka said.

On the bursting of firecrackers, Justice Okay said, "It is not confined to Diwali and to Hindu festivals alone. Many parts of India have seen on the first day of Christian New Year's firecrackers being burst. They are used in marriages of people belonging to practically all religions.” He went on to add, "Can anyone say that bursting of firecrackers is an essential part of any religion which is protected under our Constitution? When we celebrate festivals, we do it for joy and happiness, when families come together, they exchange gifts and sweets. But the question is, how is there joy and happiness by bursting crackers...".

Referring to the issue of noise pollution, Justice Oka observed that religious celebrations of all faiths have become sources of unbearable sound pollution. “We use loudspeakers causing noise pollution that affects human...I don't believe that any religion permits or encourages the use of loudspeakers in celebrating any of these religious festivals. The use of loudspeakers for Azaan by mosques- there is a judgment of the Bombay High Court saying that this is not protected under Article 25 and not part of essential religious practice, and it was approved by the Supreme Court", he added.

Justice Oka went on to question the requirement of loud music to celebrate festivals. “Why can't we realize that it affects human beings, especially the old and infirm? What joy do we get by creating noise pollution either by bursting crackers or by using loudspeakers...", he said.

Highlighting the judiciary's responsibility, Justice Oka said that the Constitution expects all citizens to perform their fundamental duties, and thus it is all the more necessary for judges to do so. They are better equipped than anyone else because they have judicial power to ensure that both citizens and the State perform their duties, the former Supreme Court judge said. Justice Oka also referred to political leaders not making an appeal to the citizens not to create pollution or destroy the environment while celebrating festivals. In fact, they encourage it, he remarked.

Calling for reformation in religion, Justice Oka said that religious practice which cause pollution, must be reformed on the basis of science. "The Constitution does not tell you not to keep faith in God. It says that you must initiate reforms, and reforms can be initiated only on the basis of science.”

Justice Oka also expressed concern over hostility towards members of the judiciary who pass strong environmental orders. “I understand that people may not support, but now they are being targeted... Even the judges who pass strong orders are being targeted.