Plea before Kerala High Court against temples flouting ban on firecrackers in silent zones

A plea has been filed before the Kerala High Court raising concerns that several temples in the State are frequently flouting pollution control norms that restrict the use of firecrackers in silent zones or beyond permissible hours [Venkitachalam v State of Kerala & ors]..The petitioner, 59-year-old Venkidachalam, has sought the Court's intervention to enforce restrictions on bursting firecrackers.The petitioner has contended he is also facing personal difficulties as his residence is 300 meters away from a spot where firecrackers are burst by the Vadakkumnadhan and Parammekavu temples in Thrissur.Loud firecrackers are often burst at this spot in violation of the Central government's pollution control norms as well as directives issued by the Supreme Court and the High Court on this issue, his plea states.As per the plea, most temples do not have valid licences to burst firecrackers. "All the temple holders, except few, are not having any valid licences issued by the District Collector for bursting crackers. Even if the licences are issued, they should not be issued, for bursting causes noise and air pollution also. Crackers are not to be busted at night time between 10 PM & 6 AM disturbing peace ... Petitioner has every right to have a peaceful living in his residential home without any excessive sound noise pollution. Therefore, it is the duty of the respondents herein to provide the petitioner to have a pollution-free environment," the petition says. The petitioner has further contended that the use of fireworks, especially at night, violates the Noise Pollution (Regulation and Control) Rules, 2000 and poses a threat to the health and safety of local residents..As per the petitioner, fireworks in the middle of residential areas cannot be viewed as part of any temple ritual or custom. "It is submitted that the fireworks and explosion of dynamites in the midst of residential area as well as other areas has not at all at any point of time become part of ritual or custom of the temple and as such, the said activity has no religious or customary basis."Both the Supreme Court and the Kerala High Court have passed multiple directions to regulate such activities, but the authorities have failed to enforce them, he has alleged.He also recounted that the High Court in 2019 had allowed relaxations in restrictions on the use of firecrackers during the Thrissur Pooram (a religious festival) but these relaxations could be misused. In this regard, he recounted that during the 2022 edition of the Thrissur Pooram firework display, which is held near the Vadakkunnadhan and Paramekkavu temples, noise levels exceeded 125 decibels during the three-day event - which is far above the permissible limit of 40 decibels at night and 50 decibels during the day for silent zones.The petitioner added that a disaster management plan for the 2023 edition of the Thrissur Pooram indicated that the firecracker bursting spot was in a silent zone (100 meters from the compound wall of the Vadakkumnadhan temple). He further submitted that his concerns over whether pollution control and safety norms would be violated for the Paramekkavu Vela (part of Thrissur Pooram) firework-infused celebrations that took place on January 4 this year were also disregarded by the district authorities. .This issue is not unique to Thrissur and even the district courts in Ernakulam, despite being in a silent zone, have to often suffer noise from firecrackers that are burst during working hours by the nearby Ernakulathappan temple. .Other temples accused by the petitioner of similarly violating noise pollution norms include the Kodungallor Thiruvanchikkulam Mahadeva temple and the Thriprayar Sreerama Temple, both in Thrissur..The petitioner has, thus, called on the High Court to intervene by directing the authorities to take strict action against the illegal use of firecrackers in violation of noise control and air quality norms. In particular, the Court has also been urged to order the concerned authority to ensure that the Parammekavu Temple authorities do not burst noise emitting fireworks without obtaining any valid licences. .The petition was filed through advocates Praveen K Joy, TA Joy, ES Saneej, MP Unnikrishnan, N Abhilash, Albin Varghese, Abisha ER, Fathima Shalu S, Megha G, and Ninishya Basheer and Lakshmi KS.