Bombay HC clamps down on festive noise, air pollution: Key directives - The Indian Express

Amid Ganeshotsav celebrations across Maharashtra, the Bombay High Court on Tuesday, September 22, imposed a “total ban” on bursting firecrackers on public streets, and issued a slew of directions to curb “high level of noise pollution”.

Justices Girish S Kulkarni and Neela K Gokhale on Tuesday passed an order on a suo motu PIL, addressing noise pollution caused by amplified music systems and bursting of firecrackers on public streets. On Monday, the bench had observed that “innocent persons cannot be made to suffer due to a few who create objectionable noise pollution”.

Raising concerns over the “cumulative effect on air quality” and “toxicity of pollution,” causing a “serious health hazard”, the Bombay High Court noted that “these concerns cannot be taken too lightly and stringent actions are required” to prevent air pollution amidst post-monsoon “persistent haze”.

Citing the “danger of accidents” on roads where pedestrians and vehicles ply, the court observed that firecrackers are used without “any indication of the level of noise pollution” or norms on the “extent of toxicity of the smoke,” making it, “prima facie, … an unregulated area.”

It added that bursting firecrackers in private places must also remain “within the restrictive ambit of decibel levels.”

Terming steps taken by Nagpur, Solapur, and Pune Police Commissioners “heartening,” the HC stated that “it is better that certain activities are restrained or banned” since they affect the “fundamental rights of the public at large.”

“It is high time that in large cities having dense population like Mumbai, Thane, Pune, Nashik, where the majority of the citizens are made to silently suffer such brazen violations, a regime of total restraint on the playing of loud music, by use of high-watt speakers, sound system, loud speakers, dhol tashas, use of cylinders etc. needs to be completely banned and a more dignified and civilised way of having these processions… is the imminent requirement of contemporary times,” the bench noted.

The high court observed that noise pollution rules cannot be “presumed to be non-existent and/or completely relaxed” due to festivities. Despite a “rosy picture being painted” by the government, the high court criticised the complete lack of strict enforcement.

Rejecting the state’s “all is well” stance, citing ground realities of “no change in brazen violations,” the bench observed that “all these issues cannot fall on deaf ears” and police permissions cannot be a “routine formality and (be) rendered ineffective” by permitting violations or acting only after receiving complaints.

1. Complete ban on street firecrackers: The court ordered a total ban on bursting firecrackers on public streets and roads during festivities, seeking strict measures to implement the direction.

2. Prohibition of laser lights: Authorities must prohibit laser lights, high-intensity lumen lights, and beams in festive processions.

3. Decibel checks and enforcement: Police and other authorities shall measure decibel levels of permitted sound systems and take strict legal action against unlicensed, unauthorised, or illegal noise pollution activities.

4. Seizure of offending devices: Upon noticing breaches, authorities must seize and confiscate offending devices or instruments.

5. Mandatory meters and limiters: Organisers seeking permissions shall undertake installing “decibel measurement meters” at every venue or procession visible to the public at large and ensure sound systems are fitted with “internal sound limiters.”

6. Recording noise levels: Designated officials to maintain meters at all relevant times and record decibel levels both individually and cumulatively.

7. Substantial security deposits: Authorities are directed to consider accepting deposits, a minimum of Rs 1 lakh for groups or associations and Rs 50,000 for individuals, as a condition for permission under Noise Pollution Rules. These will be forfeited upon any decibel level breach, over and above statutory legal action.

8. Public display of permissions: Organisers must publicly display granted permissions alongside the names, addresses, and mobile numbers of responsible persons to fix accountability for violations.

9. Sensitisation at starting points: Police and civic authorities must inspect and sensitise organisers at the beginning of every procession regarding their “obligations towards society at large” to maintain permissible decibel levels.

10. Cumulative impact assessment: Designated authorities to assess the “cumulative impact” of noise pollution from multiple approvals in a single ward; permissions cannot be granted without such scientific assessment.

11. Citizen responsibility: Every citizen to recognise their “individual and collective responsibility” to “fellow citizens and the society at large” regarding noise and air pollution.

12. Penal consequences: Violators to be liable for penal action under the Noise Pollution Rules, Environment (Protection) Act, Explosives Act, Bharatiya Nyaya Sanhita (BNS) for public nuisance, and other statutes.

13. Strict dealing with breaches: Breaching noise pollution rules shall be “dealt (with) strictly” as they constitute a “breach of the fundamental rights of the citizens”.

14. Statewide implementation: The order must be circulated immediately to all relevant authorities across Maharashtra for implementation during festivities.

Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More