No one has the right to pollute a waterbody even in the name of religion, the Madurai Bench of the Madras High Court said while taking a serious view of the pollution of Thamirabarani river in the guise of performing rituals for the departed.A Division Bench of Justices G.R. Swaminathan and B. Pugalendhi said the court proposes to direct the authorities to ensure that there was no further pollution of Thamirabarani river in the guise of performing rituals for the departed. However, it was conscious that the issue concerns the beliefs and sentiments of millions of Hindus.Therefore, it would not be appropriate to pass any order without hearing them even though the court proposes to enforce a statutory mandate. 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 society, the court said.Article 25 of the Constitution makes the freedom to practice religion subservient to public health. Thamirabarani has been a perennial river catering to the drinking water needs of crores of people. It cannot be allowed to be polluted, the court said.The court appreciating the efforts taken by activist Moorthy who is taking considerable interest in cleaning the river by removing discarded clothes and articles said that every day not less than a tonne of used garments and clothes are dumped in the river.The statistics are alarming. The administration has to necessarily educate the masses on a warfooting. A carrot and stick policy may have to be followed. The people have to be reminded that they have a fundamental duty under Article 51A(g) of the Constitution to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures and Article 51A(h) of the Constitution to develop the scientific temper, the court said.The court said it would not straightaway condemn the practices of the people as one of superstition. If it had been harmless, it would have been spared completely and because it was destroying the river, the court said it felt compelled to intervene.The court directed the Tirunelveli Collector to make an announcement to the public about the orders that are proposed to be passed on July 16. Any religious body or activist could intervene and make their submissions, the court said.The court said it expected the District Administration to place before the court a set of proposals that would provide a final solution for the problem. The court posted the matter pertaining to Thamirabarani river for hearing to July 16. Published - July 10, 2026 09:08 pm IST