CONSTITUTIONAL LAW PROJECT

RIGHT TO RELIGION AND ENVIRONMENTAL PROTECTION

SUBMITTED TO: SUBMITTED BY:

MRS. GUNJAN CHAWLA PRAGYA KHUBANI

FACULTY OF CONSTITUTIONAL LAW SECTION- A

BATCH- 2018-2023

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 CERTIFICATE OF DECLARATION

I hereby declare that the project work entitled “RIGHT TO RELIGION AND
ENVIRONMENT PROTECTION” submitted to United World School of Law, Gandhinagar,
is record of an original work done by me under the able guidance of Mrs. Gunjan Chawla,
Faculty of Constitutional Law.

PRAGYA KHUBANI

SEMESTER-I

SECTION-A

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 ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to my teacher Gunjan Chawla madam who
gave me the golden opportunity to do this wonderful project on the topic of “RIGHT TO
RELIGION AND ENVIRONMETAL PROTECTION” which also helped me in doing lot of
Research and I came to know about so many new things I am really thankful to them.

Secondly, I would also like to thank my parents, friends and seniors who helped me a lot and
have given me valuable suggestion pertaining to the topic and in completing this project within
the limited time frame.

Thanking Everyone

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 TABLE OF CONTENT

I. Certificate of Declaration
II. Acknowledgment
III. Research Objective
IV. Research Questions
V. Research Methodology
VI. Introduction
VII. Environmental Ethics In India
VIII. Environment Protection And Constitutional Obligations
IX. Religious Freedom And Environment Protection
X. Conclusion
XI. Bibliography

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 RESEARCH OBJECTIVE

 Necessary to know how to behave with various components of the natural environment.
 To what extend the full enjoyment of the rights of life, to healthy living and to one’s culture
can lead to the depletion of natural resources and environmental degradation.

RESEARCH QUESTIONS

This research work analysis the following questions-

 If there is any contravention between the religious freedom and environmental protection?
 Is the freedom of religion so absolute that it can destroy the environment?

RESEARCH METHODOLOGY

In this Research Paper I have used Doctrinal Research Method, and this research paper is
descriptive in nature. The source of data is majorly secondary data, and this research paper is
descriptive in nature. For data collection National & International books, magazines &
newspapers, Reports & journals prepared by research scholars, were referred.

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INTRODUCTION

Since the beginning, humanity has been nourished by the various elements that constitute
nature. However, until quite recently abuse of our environment has been increasing.

Environmental ethics has to sharpen the judgments of a person not to jeopardize the health
and security of other fellow beings for the sake of material and political gains. The ethics
command us not to endanger the heath of an individual and communities, but to serve as a
proud and honest person in the service of humanity. Unbridled use of science and
unprecedented use of technology have given birth too many problems including the problem
of eco-imbalances and environmental degradation. With the advancement of science and
technology, this problem has assumed threatening dimensions. This problem has not only
caused damage to nature but threatened the very existence of mankind

Religion plays a great role in shaping the attitude of an individual towards the natural world.
The Hindu, Islam, Jain, Vedic and Buddhist traditions established the principles of ecological
harmony centuries ago - not because the world was perceived as heading for an imminent
environmental disaster or destruction, but through its quest for spiritual and physical
symbiosis, synthesized in a system of ethical awareness and moral responsibility. The
Constitution of India provides freedom to practice, profess and propagate religion and
freedom of conscience. Religion is no where defined in the constitution but is thus essentially
a matter of personal faith and belief.

It has been rightly said “The environmental crisis is an outward manifestation of the crisis of
mind and spirit”. After the Stockholm and Rio Declarations some amendments have been
made in the constitution in pursuance of protection of environment. However, it all depends
upon how do we think and act. If we want to protect the environment, we will have to
transform attitudes and thinking which will in turn transform our deeds. Protecting
environment and freedom of religion can co-exist together depending upon the acts of an
individual.

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 ENVIRONMENTAL ETHICS IN INDIA

From the very beginning human life and the environment are interdependent and interrelated to
each other. Human beings always depended on their ecosystem for food, fuel, fertilizers etc.
Today environment is a major concern globally. Environmental degradation has become one of
the most serious global problems to be dealt with. One can call them as deep ecologists who
want to preserve the integrity of the biospheres for its own sake without noticing the possible
benefits of human beings. They realize that an anthropocentric attitude has a bad effect on eco-
philosophy and, therefore, they are not in agreement with the slogan, “nature exists for the
convenience of man.” For providing the due place to environmental ethics and eco-philosophy,
one should abandon anthropocentrism. Human domination of nature destroys the beauty and
autonomy of the natural world. Ethics of deep ecology considers species, ecological systems,
nature as a whole as the object of value rather than sentient beings. All things in this world have
an equal right to exist and blossom and they have their own intrinsic worth. So, the deep ecology
movement approves biospheric egalitarianism.1

Since Vedic time the main motto of social life was “to live in harmony with nature”. Vedas,
Upanishads, Smiritis and dharma’s of olden times preached in one form or the other worshipful
attitude towards plants, trees, mother earth, sky, air water and animal and to keep a benevolent
attitude towards them. Different religions enshrined a respect for nature environmental harmony
and conservation. . The Rig Veda highlighted the potentialities of nature in controlling the
climate, increasing fertility and improvement of human life emphasizing for intimate kinship
with nature. Atharva Veda considered trees as abode of various Gods and Goddess. Yajur Veda
emphasized that the relationship with nature animals should not be that of dominion and
subjugation but of mutual respect and kindness. Hindu religion instructed man to show
reverence for the presence of divinity in the nature. The religious minded people of India
worshiped God in different forms, as father, mother, guru, idols, stones, trees, etc. Trees are
considered to be symbols of different gods or deities. Therefore, nature is worshipped as
symbols of reverence.

Air, water, land are the representative samples of natural environment, and geophysical,
atmospheric and hydrological systems determine the character of biosphere including biota and
mankind of a region. If we try to disturb nature or natural environment in excess, it disturbs and
damages us irreparably. Therefore, it is necessary to know how to behave with various

1
S.C. Shastri, environmental Law (5th Edn., Eastern Book Co.)

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components of the natural environment. So, we have seen that there were the conditions of
Environmental protection in India so, far as Ancient time that is to say Vedic period.

But now days or we can say that the present day increasing tirade against environmental
pollution and eco-imbalances proved a growing consciousness about the ecology (the term
ecology is derived from Greek word oikos meaning “a place to live”. Popularly it is known as
the study of relationship of an organism or group of organisms to their environment.),
economics, energy, employment, and equity.

ENVIRONMENT PROTECTION AND CONSTITUIONAL OBLIGATIONS

India has inherited a culture of tolerance, non- equity, and compassion for objects. Religious
teachings, social and political norms and economic policies treated man as a part of nature and
not as superior to it. The five elements of nature i.e. – air, water, plants, fire and human beings
are the creation of one superior power- God. Therefore, the fundamental ethics of behaviour
with each other was to live in harmony because it well realise that each one of them is dependent
on one another and the destruction or damage to the other is the destruction of self and is
complementary to each other.

The problem of the environmental pollution is as old as the evolution of Homo sapiens on the
earth planet. However, different dimensions of the problem of environmental protection and its
management have taken a serious turn in the present era. So, Environmental law has come into
existence in 1986 as a result of confrontation with the serious problems concerning the
environment. In response to environmental problems, the law seeks to protect and promote the
environment. It is designed to prevent and control environmental pollution.

The above mentioned philosophy of peaceful co-existence with nature is mentioned in one or the
other way in the Indian Constitution. The constitution of India, which is the supreme law of
land, has imposed an obligation to protect the natural environment both on the state as well as
the citizens of India, or we can say that the Constitution of India is known as the ‘basic law of
the land’ from which all other laws derive their sanctity or validity. Therefore, it must be a
living and growing law means must be able to cope with the newer situations and development.
India is the first country to provide constitutional protection to the environment. Originally, the
constitution did not contain a specific provision for protection and promotion of the

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environment. Two articles which were added relating to the environment were incorporated
were- Article 48A and Article-51A (g). Article 48 A is the constitutional pointer to the state to
protect and improve the environment and Article 51A (g) confers the fundamental duty on the
citizens of India to protect and improve the environment and have compassion for living
creatures. This clearly shows that the Indian Parliament fell in the line with old traditional
values. The language used in the articles clearly indicated the principle of equity, co-existence,
reverence of nature and non-violence has been given legal recognition.

In 1972, Prime minister, Smt. Indra Gandhi attained the United Nations conference the
followings two resolutions which are considered to be the Magna Karta of environmental
protection and sustainable development were adopted:

Principle-1. Man has the fundamental right to freedom, equality and adequate conditions of life
of dignity and well being;

Principle-4. Heritage of wildlife and its habitat should be safeguard;

Principle-5. Economic system should be protected and struggle against pollution should be
supported;

Principle-8. Pollution of the sea should be prevented; in this conference, it was also said under a
principle that the economic and social development is essential for ensuring a favourable living
and working environment of men for the improvement of the quality of life.

Originally as we know the constitution did not have any specific provision for environment
protection and promotion. It was however in 1976, the constitution 42nd amendment act was
passed which expressly incorporated specific provisions for environmental protection and
improvement in the form of Fundamental Duty & Directive Principle of State Policy. The 42nd
Amendment of the constitution was in response to the Stockholm Declaration adopted by UN
conference on Human environment in 1972. The conference is intimately linked to the
declaration to represent signal achievements. The Stockholm Declaration, inter alia, clarifies
that man has fundamental right to freedom, equality and adequate conditions of life in an
environment of quality that permits life with dignity and well-being. The declaration emphasises
that man bears solemn responsibility to protect and improve the environment and future
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generations. Both the Stockholm and Rio Declaration are first and second global

2
Gurdip Singh, Environmental Law (2nd edn, Eastern Book Company)

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environmental conferences. Policies and legal instruments emerged after these conferences are
undeniably towards the milestones in the evolution of international environmental law,
bracketing what has been called the “modern era” of international environmental law3. After
these Declarations only the DPSP and Fundamental Duties chapters of the Constitution of India
explicitly enunciate the national commitment to protect and improve the environment.

RELIGIOUS FREEDOM AND ENVIRONMENT PROTECTION

The Constitution of India guarantees the protection of certain fundamental rights. They are given
in articles 12 to 35, which form Part III of the Constitution .the concept of secularism is implicit
in the preamble of the constitution which declares the resolve of the people to secure to all its
citizens “liberty to thought, belief, faith and worship. India is a secular state means that in
matters of religion it is neutral the State can have no religion of its own. It should treat all
religions equally. In a secular state, the state is only concerned with the relation of man and man.
Article 25 and 26 are the two central articles guaranteeing religious freedom.

Article 25 Freedom of conscience and free profession, practice and propagation of religion4

(1) Subject to public order, morality and health and to the other provisions of this Part, all
persons are equally entitled to freedom of conscience and the right freely to profess, practice and
propagate religion. (2) Nothing in this article shall affect the operation of any existing law or
prevent the State from making any law - (a) regulating or restricting any economic, financial,
political or other secular activity which may be associated with religious practice; (b) providing
for social welfare and reform or the throwing open of Hindu religious institutions of a public
character to all classes and sections of Hindus

ARTICLE-26. Freedom to manage religious affairs Subject to public order, morality and
health, every religious denomination or any section thereof shall have the right5

(a) To establish and maintain institutions for religious and charitable purposes;

(b) To manage its own affairs in matters of religion;

3
Guther Handl,’ Audiovisual Library of International law’ < http://legal.un.org/avl/ha/dunche/dunche.html>
accessed on 10 April,2019
4
The Constitution of India,1949
5
The Constitution of India,1949

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(c) To own and acquire movable and immovable property; and

(d) To administer such property in accordance with law

As we know that the “religious freedom” and “environmental protection” are two different ‘or’
we can say that both has own separate concept, even though there is overlapping between them
sometimes has been seen. As defined above Articles are related to freedom of religion. These
rights basically entitle every Indian citizen and give the liberty to preach, practice and propagate
the religion of his choice. This right is not an absolute right as it has some reasonable restrictions
with regarding to the practice of religion. For instance, we take the Article 19(1)(a) of the
Constitution of India, and which provides that, all citizen shall have right to freedom of speech
and expression but with the some reasonable restrictions of decency, morality, security of State,
defamation, incitement of offence etc., and if this article is interpret with respect to religious
freedom even no religion prescribed that prayer should be performed by disturbing the piece of
other nor it preach that they should be through voice amplifiers or beating of drums.

Environmental law is an instrument to protect and improve the environment and to control or
prevent any act or omission polluting or likely to pollute the environment. It is legislative
machinery which deals with the environmental problems like drainage, sewage, degradation,
public health etc. At local level and problems like water management, forest management and
wildlife protection at the central level. There have been a number of cases which challenges
right to religion. But also Article 25 and 26 are well-defined and are not absolute rights and it is
subject to reasonable restrictions.

The Supreme Court has clarified it in many cases. It has also been observed by the court that this
scheme is based on the “constitutional policy of sustainable development which must be
implemented”. If we focus on the Article 21 we also find that this article though guarantees right
to life and personal liberty does not directly confer right to clean, unpolluted and healthy
environment. But various judicial pronouncements on various occasions have expanded the right
to life and personal liberty to include this right by recognizing various “unarticulated liberties”
as recognized implicitly by Article 21.

In recently decided case, Hinchlal Tiwari v. Kamla Devi6, the Supreme Court declared that
material resources of a community like forests, tanks, ponds, hillocks, mountains, etc. are
nature’s bounty. They maintain a delicate ecological balance. They need to be protected for a

6
Hinchlal Tiwari v. Kamla Devi[2001] 6 SCC 496 ; AIR 2001 SC 3215
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proper and healthy environment which enables people to enjoy a quality of life which is the
essence of guaranteed right under Article 21 of the constitution. The court decided that the
pond’s land could not be allotted for a residential purpose

Water being one of the factors of nature play a part in the worrying situation where half of the
nation’s river was is unsafe to drink. But surprisingly high level of pollution comes from
religious ceremonies. Mass bathing, carcasses of cattle and other animals and immersion of idols
disposed of in so called holy rivers add to the pollution level loads. In keeping with ancient
rituals, the dead are still cremated on river banks. The tradition of throwing unburnt bodies of
holy men, infants and those who succumb to contagious diseases, into rivers has given the issue
of pollution in Indian rivers unhealthy social dimensions. The paints, chemicals and decorations
on the statues which are immersed are not environment friendly products so they pollute the
river, which in turn affect the flora and fauna. Mass bathing in a river during religious festivals
is another environment armful practice. Studies have shown that the biochemical oxygen
demand goes up drastically when tens of thousands of people simultaneously take a ‘holy dip”.

Just ahead of the festive season, the Allahabad High Court had banned immersion of idols in the
Ganga and Yamuna rivers in Uttar Pradesh. The high court bench of Justice Ashok Bhushan and
Justice Arun Tandon ordered a blanket ban on immersion of idols in the rivers. It also dismissed
the plea of the state government that the idols would be immersed and then taken out
immediately. The order was pronounced during the hearing of a petition of environmental
activist, Sudhanshu Srivastava, to check the rising pollution levels in the Ganga. Also in 2009.
The Bombay High Court had directed CPCB to frame guidelines to curb water pollution and
Maharashtra SPCB and Brihanmumbai Municipal Corporation were directed to implement
them because of a lot of immersion of Ganeshas idol on Ganesh Chaturdi.

The environment (protection) act of 1986 also recognizes noise as an environmental pollutant
and empowers the central government to frame rules prescribed the maximum permissible limits
for different areas.7 On 14 February, 2000 the centre framed the Noise Pollution (regulation and
Control) Rules, where two types of noise standards are prescribed: ambient air quality standards
in respect of noise and emission limits for designated types of machinery, appliances and fire
crackers.

7
Sec6 (2)(b)

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In 1952 the Bombay High Court in State of Bombay v NarasuAppa Mali8 asked authorities to
regulate the use of loudspeakers during night when the Ganesh and Navratri festivals were being
celebrated. The Court ordered the strict implementation of Environmental Acts. Nobody can
object on celebration of festivals, but their means of celebration must not disturb the peace and
tranquillity of the neighbourhood was the strict view of the Judiciary.

A division bench headed by Justice Banerjee in Maulana Mufti Syed Barkati V State Of West
Bengal9 repelled a challenge to the restrictions on loudspeakers imposed by the state between
9:00 PM and & 7:00AM. The petitoner assailed the restrictions on the ground that they violated
fundamental right to freedom of religion guarantee under article 25 of the constitution. The
petitoner claimed that Azan, which is an integral practice to Islam, was required to call five
times a day through loudspeakers. Without loudspeakers it was not possible to reach the voice of
Azan to the believers of Islam. The High Court dismissed the petition, holding that the use of
loudspeakers was a technological development and was not a part of Islam

In Church of God (Full Gospel) in India v. K.K.R. Majestic Colony Welfare Association10, the
Supreme Court held- in the exercise of art 25 and 26, no person can be allowed to create noise
pollution or disturb the peace of others. The custom of religious prayer through the use of
loudspeakers is not an essential element of any religion.

In Guruvayur Devaswom Managing Committee v. Supdt. of Police11, a writ was filed under
Article 226 of the constitution against the order of the Police Officer (S.P.) to remove
loudspeakers which were installed for a festival season. They were installed within a radius of
one kilometre. The loudspeakers were of horn type. The respondents alleged that such type of
loudspeakers caused irreparable damage to the ears and they were installed without obtaining
sanction from any competent authority. After filing a writ petition on which stay was issued by a
single Judge, the Guruvayur Temple authorities approached the Kerala State pollution control
board to get an expert opinion regarding the use of horn type loudspeakers. the board submitted
its report to the court mentioning that the audibility of the devotional songs was limited within
the temple area and they also served the purpose of a wake-up call for devotees who had to
attend the morning Poona, or for essential announcements as for missing persons, lost wallets

8
State of Bombay v NarasuAppa Mali [1952] AIR, BOM 84
9
Maulana Mufti Syed Barkati V State Of West Bengal [1999]AIR, Cal. 15
10
Church of God (Full Gospel) in India v. K.K.R. Majestic Colony Welfare Assn. [2000]
7SCC282;2000 SCC (Cri.) 1350
11
Guruvayur Devaswom Managing Committee v. Supdt. of Police [1998]AIR, Ker 122
13
and other goods. The announcements in various languages used to guide the devotees from
outside the state. Further, there was no complaint suitable and directional for such purposes and
better suited for outside use. Thus, the report of SPCB found that no noise pollution if the
loudspeakers were put at height of three meters on the temple premises. Therefore, the Court
accepted the expert opinion f the PCB and permitted the use of horn type loudspeakers and the
Police authorities were directed to give sanction to the Management Committee of the temple to
install such loudspeakers. Committee of the temple to install such loudspeakers.

CONCLUSION

The Indian constitution guarantees “right to equality” to all persons without any discrimination.
This indicates that any action of the “state” relating to environment must not infringe upon the
right to equality as enshrined in Article 14 of the constitution.

Those who make noise in name of religion often take shelter behind Article 25 and 26 pleading
right to practice and profess religion. Undoubtedly the right to religion is a fundamental right but
the rights are not absolute. They are subject to reasonable restrictions. Nobody can claim a
fundamental right to create noise by amplifying the sound of his speech with the help of
loudspeakers. Nobody can be compelled to listen and nobody can claim that he has a right to
make his voice trespass into the ears or mind of others and disturb their peace Even the
Ramleela and Akhanda Path cannot be allowed to disseminate excessive noise which coerces a
man to listen to unwanted/unagreeable noise. Therefore, restriction by injunction can be put up
by the jurisprudence if it violates the right of living peacefully, comfortably and pollution-free
environment. Similar is the case with any other component of environment-flora and fauna.
Immersion of idols have also been stopped in many states after the level of pollution increasing
in the water bodies.

In the absence of an adequate regulatory framework specific to noise, air, water pollution, the
status quo has been determined partly by the interpretation of other laws. Important among these
have been Article 19 of the Constitution, which guarantees the fundamental right to freedom of
speech and expression, and Article 25, which protects the free profession of one’s religion. The
use of a loudspeaker, or setting off fire-crackers, has assumed the status of a fundamental right
by virtue of these two articles. Municipal bye-laws regulating their use have been enacted, but
must take care not to limit the freedoms afforded by the articles. Also, unless the connections

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between noise and health are first judicially established, prohibitions against their use are
difficult to pass. The judiciary has nonetheless weighed in on questions of noise pollution. The
Judicial response has been tremendous and appreciable, but the reality of ground remains
unchanged. Only people’s movement might bring about this and it is time that people take this
challenge.

The objective of this study was to check till what extend the full enjoyment of the rights of life,
to healthy living and to one’s culture can lead to the depletion of natural resources and
environmental degradation. What I concluded from this research is it all depends upon how do
we think and act. Both man and nature are interlinked and intertwined with each other. If we
want to check the environmental crisis, we will have to transform our thinking and attitude. That
in turn would transform our deeds, leading to a better environment and better future.
Environmental ethics can provide the guidelines for putting our beliefs into actions and help us
to decide what to do for protecting the mother earth.

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BIBLIOGRAPHY

Cases:

 Hinchlal Tiwari v. Kamla Devi [2001] 6 SCC 496 ; AIR 2001 SC 3215

 State of Bombay v NarasuAppa Mali [1952] AIR, BOM 84

 Maulana Mufti Syed Barkati V State Of West Bengal [1999]AIR, Cal. 15

 Church of God (Full Gospel) in India v. K.K.R. Majestic Colony Welfare Assn. [2000]
7SCC282;2000 SCC (Cri.) 1350

 Guruvayur Devaswom Managing Committee v. Supdt. of Police [1998]AIR, Ker 122

Books :

 Pandey J.N, Constitutional Law of India (55th Edn. , Central Law Agency)
 Shastri S.C, Environmental Law ( 5th Edn. Eastern Book Company)

 Gurdip Singh, Environmental Law (2nd Edn., Eastern Book Company)

Online Journals

 Anju & R.Satyawan, ’Environmental Ethics And Religious Traditions In Environmental

Websites and Blogs

 Guther Handl, ‘Audiovisual Library Of International Law’ <

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