The Bombay High Court has taken suo motu cognizance of noise and air pollution linked to festival celebrations, with the Court expressing concern over the use of loudspeakers and amplifiers late into the night and indicating that a complete ban on firecrackers may need to be considered.
A division bench of Justices GS Kulkarni and Neela Gokhale initiated a public interest litigation after taking note of the difficulties faced by citizens because of excessive noise during festive processions and celebrations.
In its September 21 order, the bench made it clear that the right to celebrate does not extend to causing serious inconvenience or harm to others.
The Court observed that festivities and processions can continue, but must be conducted with due regard for the rights of the wider public and the harmful effects associated with high-decibel noise.
The bench particularly highlighted the impact on vulnerable sections of society, including elderly people who are unwell and students.
While acknowledging the importance of celebrations, the Court said they cannot come at the expense of the legal rights of people who are adversely affected by excessive noise.
Midnight loudspeakers questioned
The Court also questioned the practice of permitting loud music and amplified sound during processions until midnight.
It noted that, under the general regulatory framework, permissions for processions involving musical instruments, loudspeakers and amplifiers are ordinarily limited to 10 pm.
Against that backdrop, the bench questioned the basis for permitting amplified music to continue until 12 midnight during festival processions.
The observations came amid concerns over what the Court described as inadequate implementation of existing noise-control regulations on the ground.
Firecracker ban under consideration
Air pollution caused by firecrackers was another major concern before the bench.
Taking note of the severity of air pollution in Mumbai, the Court indicated that it was considering whether firecrackers should be prohibited altogether because of their contribution to both air and noise pollution.
The bench observed that measures were required to protect the environment and public health in view of deteriorating air quality.
The State government has been directed to place its response on record through an affidavit addressing the concerns raised by the Court.
The matter is scheduled to come up again on September 22.
Separate petition over noise-control enforcement
The issue of noise pollution is also before another bench of the Bombay High Court in proceedings arising from a petition filed by residents of Pune.
The petition seeks time-bound implementation of directions issued by the High Court in its 2016 judgment concerning noise pollution control. The petitioners have also sought the appointment of an independent third-party agency to monitor violations across Maharashtra.
The Court has appointed senior advocate Aspi Chinoy and advocate Anand Pai as amici curiae in those proceedings.
The separate matter is scheduled to be heard on October 5.
