In a significant order aimed at protecting the perennial Tamirabarani river, the Madurai Bench of the Madras High Court observed that no one has the right to pollute a water body even in the name of religion.
Staggering scale of pollutionThe statistics presented to the Court regarding pollution in the Tamirabarani river were staggering.
The Court noted that every single day, not less than a tonne of used garments and clothes are dumped into the river.
Additionally, the Court emphasised that under Article 25 of the Constitution, the freedom to practice religion is completely subservient to public health.
To ensure a resolution, the High Court has directed the Tirunelveli District Collector to issue a public announcement regarding the proposed orders.
In a significant order aimed at protecting the perennial Tamirabarani river, the Madurai Bench of the Madras High Court observed that no one has the right to pollute a water body even in the name of religion.
A division bench comprising Justice G.R. Swaminathan and Justice B. Pugalendhi expressed deep alarm over the ritualistic discarding of used and unused garments, towels, clothes, slippers, and articles associated with the deceased to perform ‘obsequies’ (rituals for the departed souls).
While the Court acknowledged the religious sentiments involved, it has now proposed to issue directions to bring a permanent halt to these ‘pernicious’ practices.
Eviction dispute brings River's plight to light
A writ petition was filed challenging an eviction order issued under Section 6 of the Land Encroachment Act, 1905, directing the vacating of a Mandapam near the river.
During the proceedings, the authorities informed the bench that thousands of devotees flock to the river's bathing ghats from Papanasam onwards to perform obsequies, discarding used and unused articles directly into the water.
The Court was also introduced to Thiru Moorthy, a local activist who, along with the "Aripukarargal" community, has been tirelessly working to manually clean the river.
Moved by his efforts, the Court expanded the scope of the proceedings by suo motu impleading the HR&CE Department to address the broader environmental crisis.
Staggering scale of pollution
The statistics presented to the Court regarding pollution in the Tamirabarani river were staggering. The Court noted that every single day, not less than a tonne of used garments and clothes are dumped into the river.
A booklet detailing the waste collected in just a three-week period between May 7 and May 28, 2026, revealed the alarming scale of the pollution:
• 86 to 90 tonnes of clothes were recovered.
• 1385 kgs of plastic waste and 374 kgs of sanitary napkins/diapers were removed.
• 2.2 tonnes of holy ash, 220 kgs of glass bottles, and 115 kgs of slippers were discarded.
Activist Thiru Moorthy pointed out that the environmental toll is devastating, particularly for marine life. He submitted that while pure cotton may be biodegradable, synthetic fabrics like polyester get caught in the riverbed, creating a breeding ground for dangerous bacteria like E. coli.
He also expressed concerns about the Indian Black Turtle and the Indian Flapshell Turtle, who call this river home and have an average lifespan of over a century.
The bench was apprised that these turtles frequently become entangled in discarded clothing and suffocate. Furthermore, discarded photo frames break against the rocks, posing a severe threat to both aquatic life and the sifters who physically gather the articles.
Religious freedom cannot justify pollution
Considering the seriousness of the issue at hand, the bench categorically stated: "No one has the right to pollute a water body even in the name of religion".
The Court cited Section 36 of the Tamil Nadu Public Health Act, 1939, and Section 24 of the Water (Prevention and Control of Pollution) Act, 1974, which explicitly prohibit the disposal of polluting matter into streams.
Additionally, the Court emphasised that under Article 25 of the Constitution, the freedom to practice religion is completely subservient to public health.
Reminding citizens of their fundamental duties under Article 51A(g) (to protect lakes and rivers) and 51A(h) (to develop scientific temper), the Court quoted the Bible and Thirukkural to highlight that spiritual purity is meaningless if it destroys the very water used for cleansing.
“Believers can do what is spiritually beneficial to them provided it has no adverse implication for ecology and does not violate the rights of the other members of the society” the bench observed.
Considering that this issue concerns the deep beliefs of millions of Hindus, the division bench stated that it would be inappropriate to pass a binding public order without hearing the stakeholders first.
However, the Court made its intentions clear, stating that people must be “weaned away from the pernicious practice of throwing the articles into the river for the sake of propitiating the souls of the dead”.
The bench noted a suggestion by Thiru Moorthy that a large artificial tank is being constructed near the riverbank, which could be used as an alternative site for performing these rituals and cleaned daily.
To ensure a resolution, the High Court has directed the Tirunelveli District Collector to issue a public announcement regarding the proposed orders. Any religious body, stakeholder, or activist may intervene and submit.
The Court has ordered the District Administration to present a concrete set of proposals to permanently solve this ecological crisis, with the matter scheduled for its next hearing on July 16, 2026.
Case Title: Sivanupandian v. The District Collector and Ors
Date of Order: July 9, 2026
Bench: Justice G.R. Swaminathan and Justice B. Pugalendhi
