The Madras High Court has observed that no one can claim the right to pollute a water body in the name of religion, while expressing serious concern over the large-scale dumping of clothes and other ritual items into the Thamirabarani river during last rites and death-related ceremonies.

A Madurai Bench of Justices GR Swaminathan and B Pugalendhi stressed that the right to freely practise religion under Article 25 of the Constitution is subject to considerations of public health and cannot be exercised in a manner that harms the environment.

The Bench observed that while devotees are free to follow rituals they believe are spiritually beneficial, such practices cannot infringe upon the rights of others or damage natural resources.

“No one has the right to pollute a water body even in the name of religion,” the Court said.

The observations came during the hearing of a petition challenging proceedings initiated under the Tamil Nadu Land Encroachment Act concerning a mandapam in Tirunelveli district.

During the proceedings, the Court was informed that thousands of devotees visit the Thamirabarani river's bathing ghats to perform obsequies for the deceased. As part of these rituals, garments, towels, slippers and other belongings associated with the deceased are routinely discarded into the river.

The Bench interacted with environmental activist Moorthy, who has been involved in cleaning the river. He informed the Court that nearly one tonne of clothes is dumped into the river every day.

The Court also took note of a booklet detailing recent river-cleaning efforts, which revealed that between May 7 and May 28, authorities recovered 86 to 90 tonnes of clothes from the river. The clean-up also yielded 1,385 kilograms of plastic waste, 374 kilograms of sanitary napkins and diapers, 220 kilograms of glass bottles, and 115 kilograms of discarded slippers.

Expressing concern over the environmental impact, the Bench observed that polyester garments do not biodegrade and can become breeding grounds for bacteria after getting trapped in the riverbed. It further noted that aquatic species such as Indian black turtles and Indian flapshell turtles risk becoming entangled in the discarded fabric, leading to suffocation.

The Court emphasised that access to pollution-free water is part of the right to life under Article 21 of the Constitution. It also referred to Section 36 of the Tamil Nadu Public Health Act, 1939, and Section 24 of the Water (Prevention and Control of Pollution) Act, 1974, which prohibit actions that contaminate water bodies.

Calling the figures placed before it "alarming", the Bench said the administration must launch a large-scale public awareness campaign to educate people about the environmental consequences of such practices.

“Because it is destroying the river, we feel compelled to intervene,” the Court remarked.

However, recognising that the issue involves deeply held religious beliefs and sentiments, the Court declined to impose an immediate ban on the practice. Instead, it decided that all stakeholders should be given an opportunity to present their views before any final directions are issued.

Accordingly, the Bench directed the Tirunelveli District Collector to make a public announcement that the matter will be taken up for further consideration on July 16. Religious organisations, activists and other stakeholders have been permitted to intervene and assist the Court.

The district administration has also been asked to place concrete proposals before the Court for a long-term solution to prevent pollution of the Thamirabarani river while addressing religious concerns.

Advocate Ramasamy S appeared for the petitioner. Government Advocate M Kannan represented the authorities, while Advocates VR Shanmuganathan and N Sharmiya appeared for the Hindu Religious and Charitable Endowments Department.