Kerala HC restricts firecrackers at worship places to specific hours

Kerala HC restricts firecrackers at worship places to specific hours

The Kerala High Court recently imposed a prohibition on the use of firecrackers at places of worship during unconventional hours.

A ruling by Justice Amit Rawal, sitting as a single bench, has instructed district collectors to carry out raids and confiscate unlawfully stored fireworks in religious locations. This decision comes in response to a request to address the practice of setting off fireworks at places of worship, commonly observed during festivals at temples and churches. The Thrissur Pooram, in particular, is known for its renowned pyrotechnic displays in the state.

Justice Rawal emphasized that there is no scriptural mandate in any holy book requiring the use of firecrackers to please God. It is widely acknowledged that the ignition of fireworks contributes to both noise and air pollution.

The high court's ruling was the result of a petition filed on December 19, 2014, by six individuals who are all originally from Maradu in Ernakulam district. These petitioners sought a prohibition on the fireworks held annually at the Marattil Kottaram Bhagavathy Temple as part of the Thalappoli festival.

The petitioners, who live in close proximity to the temple, expressed that their families, including children, were significantly impacted by the negative effects of the fireworks. They contended that the fireworks, which take place annually during February to March, were organized in a manner that caused great distress and disruption to the petitioners and other local residents.

The petitioners argued that the fireworks and the detonation of dynamites in a residential area near the temple were not traditional or customary practices of the temple's rituals and had no religious or cultural basis. Furthermore, they alleged that these fireworks were being conducted without obtaining the necessary permissions from the appropriate authorities.

The petitioners also highlighted a history of accidents during the temple's fireworks displays. They pointed to a tragic incident in February 2008 when two individuals lost their lives, and nearly 30 others were injured during a test fireworks display as part of the festival. The first petitioner's elderly father suffered severe injuries in 1993 when a high-decibel explosive known as 'gundu' fell in front of his house. Another petitioner's son was injured in 2011 when a dynamite fell onto the terrace of his house during the festival.

The petition also brought attention to another incident where the festival organizers purportedly placed an explosive in front of a petitioner's newly constructed house, labeling it as a ritual. This resulted in damage to both the house and a car parked on the premises due to the explosion's impact.

The petitioners emphasized that the fireworks at the Maradu temple should not be equated with those conducted during festivals in other regions of the state, such as the renowned Thrissur Pooram. They explained that in other cases, such fireworks are organized on extensive grounds, ensuring minimal risk to the residents in the vicinity. However, in the present situation, the fireworks were held virtually at the doorsteps of the petitioners.

The petitioners alleged that the festival organizers, who wield significant financial and political influence in the area, had the political power to obstruct any executive action aimed at preventing these illicit activities. They asserted that the outcomes of past investigative reports served as clear evidence of this.

Three of the petitioners indicated that they were devout followers of the temple's deity, while the remaining petitioners, despite belonging to different religious faiths, declared their support and goodwill toward the temple.

 

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