Kerala High Court has banned bursting of crackers in religious establishments even as Hindus are set to celebrate Deepawali in a week. On 3 November, the Kerala High Court issued a directive to the Deputy Collector of Cochin and various districts within the state to conduct inspections at all religious establishments and confiscate “illegal firecrackers.” The Court emphasized the need for cooperation with the Commissioner of Police in this endeavor.
The case, presided over by Justice Amit Rawal, was initiated by petitioners seeking a prohibition on the use of crackers at places of worship. They argued that many temples lacked the necessary explosives licenses, which are typically issued by the District Collector in accordance with Explosive Rules.
The Court observed that even when licenses were granted, they should not be issued since the act of bursting firecrackers not only disturbs the peace but also contributes to noise and air pollution, particularly when done at odd hours. Justice Amit Rawal noted, “This fact is not denied by the learned counsel representing the respondents, as well as the fact that even this Court had also heard the noise of the crackers even after midnight.”
The Judge of the Kerala High Court instructed the Deputy Collector, with the assistance of the Police Commissioner (Cochin), to seize all “illegal” fireworks from religious establishments within the district. Simultaneously, the Court issued directives for similar inspections at religious places in other districts of Kerala. The Court ruled, “No fireworks shall be ignited at religious places at inappropriate hours, as there is no prima facie commandment in any of the holy books to use fireworks for pleasing God.”
Justice Amit Rawal also called for the dissemination of the court order to all District Collectors in Kerala to ensure compliance. He added, “It is made clear that in case, after today’s order, it is found or reported that fireworks are being ignited, the court may be compelled to initiate contempt proceedings.”
While the courts switch on their activism mode during Hindu festivals, they conveniently forget to initiate contempt proceedings or take strict measures to ensure the judicial rulings regarding the use of loudspeakers in mosques are implemented.
