Celebrating Diwali: Cultural tolerance, human rights and dignity

DIWALI is a time of great joy, peace and blessings. To the Hindu community, Diwali signifies the triumph of righteousness over evil, the return of Lord Ram, Mother Sita and Lakshman from 14 years of exile, beautifully depicted in the Ramayan and going back to time immemorial.  Diwali will be celebrated on October 20, 2025.

It is one of the most auspicious and popular of Hindu festivals. Yet, every year, from certain quarters, it elicits outrage, a lack of understanding and sadly a tirade of “hate speech” using inter alia social media platforms.

In an attempt to avert or rather curtail animosity and conflict, the South African Hindu Maha Sabha (SAHMS) hopes to educate the community on the rights of all citizens and on the broader significance of Diwali in the hope that this will build rather than divide.

Diwali signifies love, tolerance and goodness that dwells in every human heart. As a rainbow nation, South Africans have the advantage of appreciating and embracing our diverse cultural practices. South Africa is a constitutional democracy.

The Constitution is recognised as the Supreme Law of the land. All laws, practices and observances are weighed against the provision of the South African Constitution. We are enjoined by our Constitution “to strive for a society built on the democratic values of human dignity, the achievement of equality, the advancement of human rights and freedom”.

Chapter 2 of the Constitution of the Republic of South Africa 1996, sets out the basic human rights applicable to all. Section 9, the right to equality. In terms of Section 9, everyone is equal before the law and has the right to equal protection and benefit of the law. No person may unfairly discriminate directly or indirectly against anyone on one or more of prohibited terms.

• Section 15 contains the right to Freedom of religion, which states that “everyone has the right to freedom of conscience, religion, thought, belief and opinion”.
• Whist Section16 of the Constitution affords everyone the Freedom of expression, this does not extend to “advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm”.
• South Africa is a country struggling to heal from the divisions of apartheid and hate speech sows the seeds of division. Hate speech is one of the most devastating modes of subverting the dignity and self-worth of human beings. This is so because hate speech marginalises and delegitimises individuals based on their membership of a group. This may diminish their social standing in the broader society, outside of the group with which they identify.
• So in essence in terms of the Constitutional principles, Hindus have right to celebrate with fireworks.

It is one or two nights that, as South Africans, we can enjoy the celebrations of the Hindu Community. We trust that all those celebrating will do so responsibly. SAHMS supports the responsible use of fireworks which has been an inherent part of celebrating Diwali, the festival of lights.

It was important to comply with local municipal by-laws, as well as being mindful of fellow residents and their animals. The Sabha is opposed to big-bangs and understands that all legally imported fireworks conform to a certain noise standard that is permitted in South Africa.

It is not clear how fireworks that do not conform with this standard are imported, and there appears to be a problem with regulation and enforcement.

The Sabha is being proactive in trying to avoid the racial attacks and conflicts of previous years.

The focus will be on cultural tolerance and respect, as well as compliance with municipal by-laws. The South African Hindu Maha Sabha has commissioned a team of attorneys who have generously volunteered to assist the community in anticipation of racism and anti-Hindu sentiment that usually flares up during Diwali.

We request that all pet owners exercise caution during this time, take the necessary steps to ensure the safety of your animals. We ask all body corporates to ensure that Hindu residents within your properties are not discriminated against.

We call on all municipalities who have by-laws regulating the use of fireworks to urgently publish the by-laws and bring it to the attention of all citizens so that the by-laws are clearly understood by the community and Hindus can comply with the fireworks by-laws.

All citizens can take the necessary precautions regarding their animals and the elderly and be prepared for the legal use of fireworks and not interfere with Hindus rights to use fireworks during Diwali.

Simi Sharma is the Chairperson of the South African Hindu Maha Sabha's legal team. The views expressed do not necessarily reflect those of the Sunday Tribune or IOL.

SUNDAY TRIBUNE