‘Lord Krishna punished serpent Kaliya’: Madras High Court cautions against water pollution in Tamil Nadu village

Justices G R Swaminathan and B Pugalendhi pointed out that the vedas warn us not to pollute water.

“Polluting water is also treated as a punishable crime. The punishment given by Lord Krishna to the venomous serpent Kaliya is worth mentioning in this context. Krishna, having subdued Kaliya for his heinous act of poisoning the drinking water, said: Oh! Kaliya, you are now forgiven. But you should not stay here any more. Go back to the ocean and live with your kinsfolk,” the Madras High Court order read.

The court was hearing the plea of one M Raja, who was seeking a direction to the authorities to take appropriate action to prevent the illegal fish culture and polluting of the tank water in Chinnakuravakudi village.

‘Veda and water pollution’

• The Madras High Court pointed out that the vedas warn us not to pollute water and a hymn in the Rig Veda prays that the wind and rivers should flow with sweetness.
• It means that they should be free of pollution, the court said.
• It also found the words of Bharata, spoken before Kausalya, the mother of Rama, worth quoting: “Oh mother! If I really have any mal-intention of sending Rama to exile, I will definitely go to that hell a man goes to for polluting drinking water.”
• Under any circumstances, water is not allowed to be polluted and keeping the water very pure is highly encouraged, and polluting water is severely viewed and regretted.
• A river is meant for the use of human beings, and their lives depend on the river and its water. It is not right on your part to poison it.

• The Madras High Court also stated that fishing is a livelihood for thousands of people.
• In Bengal, fish offered to deities is taken as prasadham. Many Bengalis believe that fish is a vegetarian item.
• The bench pointed out that the governments, both state and central, have introduced policies to promote fish farming, but emphasised that nature and culture do not always go together.
• It noted that intensive fish culture demands the use of poultry waste. It is cheap and easily available.
• The Madras High Court also noted that a field enquiry was ordered and water samples were tested, which confirmed that the tank water was ‘heavily polluted’.
• It was added that poultry waste is obviously a noxious and polluting matter and dropping this in a lake in whatever quantity and for whatever purpose is definitely a violation.

Citing senior judges

The Madras High Court also invoked the words of Supreme Court judge, Justice P S Narasimha, and pointed out in open court that the concept of ‘inter-generational equity’ is an imported principle from the West and that it is anthropocentric.

It added that Justice Narasimha flagged the inadequacy of the concept because it fails to take into account the fundamental fact that nature exists not just for human beings but also for other living creatures, such as birds and animals.

The court said it was not saying anything new but only echoing the sentiments expressed by former Supreme Court judge, Justice Abhay S Oka, whose contribution to environmental jurisprudence is well known.

Authorities must act: Court

The Madras High Court pointed out that if the petitioner has committed encroachment, it is for the authorities concerned to take action in the manner known to law.

It added that the petitioner’s conduct or credentials cannot deflect the court’s attention from the main issue, which is whether the tank has been polluted or not. It also cited the legal maxim “res ipsa loquitur” (the thing speaks for itself) and noted that fish are naturally found in water and are a rich source of protein.

The Madras High Court mentioned that once fishing rights are auctioned to the highest bidder, the bidder starts using the lake only to maximise profit and does not follow sustainable practices. It added that the quality of water is not their concern, and the sole focus is on the rapid growth of the fish population, even if it causes pollution.

The court strongly criticised the officials for initially denying the existence of such activity and misleading the court, despite evidence to the contrary, and called for disciplinary action against them.

The bench said the water body in question is vested with the Water Resources Department, which has a duty to ensure that the water quality is not compromised. It directed the authorities to intervene in the matter immediately and ensure that the water tank is de-polluted.

The court also added that action must be taken against persons responsible for illegal fish culture.

Duties of villagers

The Madras High Court pointed out that the villagers have a fundamental duty to ensure that the water quality is preserved. The Constitution wants us to be compassionate towards all living creatures, it said.

On account of pollution, the water in the tank becomes unfit for drinking by the cattle, which shows a lack of compassion on our part, the bench observed, adding that it is a breach of constitutional duty.

The collective duty of the citizens becomes the duty of the state, it clarified, while stating that it will not permit the villagers to abet the pollution of a water body for the sake of raising funds for the local temple.