‘All Is Well’ But Ground Reality Different: Bombay HC On Festival Noise Violations

Mumbai, September 23, 2026: The Bombay High Court has criticised the Maharashtra government for painting a “rosy picture” of enforcement of noise pollution rules and reciting the “All is well” mantra, saying violations during festival processions continued despite repeated directions of the Supreme Court and the High Court.

The court stressed the need for “total restraint” on loud music and directed a complete ban on bursting firecrackers on public streets and roads during festivities.

It also prohibited the use of laser lights and high-intensity beams during processions and stressed the need for a more dignified and civilised way of celebrating festivals.

A bench of Justices Girish Kulkarni and Neela Gokhale was hearing suo motu proceedings concerning noise and air pollution during festivals and processions.

Government Defends Enforcement

Advocate General Milind Sathe submitted that the Deputy Commissioner of Police (Operations), Mumbai, had issued an order on September 4 prohibiting loudspeakers, amplifying instruments, musical bands and bursting of firecrackers in processions. He said the order did not permit bursting of firecrackers on public streets.

The government also submitted that action was being taken whenever complaints were received and that restrictions under the existing rules were required to be followed.

The bench, however, said the ground reality was different and criticised the authorities for failing to effectively implement the Noise Pollution (Regulation and Control) Rules, 2000.

“Such impression, in our opinion, is certainly true as seen from the total laxity on the part of the enforcement machinery on which there cannot be two opinions, despite any rosy picture being painted by Dr. Sathe of an appropriate implementation of the Rules, when Dr. Sathe recites the mantra of ‘All is well’,” the court said.

Court Calls For Preventive Action

The judges said permissions granted by police and general orders issued by authorities could not remain a “routine formality” and become ineffective due to inaction. They called for a preventive mechanism to stop violations instead of acting only after complaints were received.

“The need of the hour, is of a robust preventive mechanism under which the violation of the noise pollution norms is required to be prevented rather than retribution,” the court said.

The bench said excessive noise affected senior citizens, sick and ailing persons, students preparing for examinations and children. It also stressed the need for a more dignified and civilised way of celebrating festivals.

“Are we going to get additional blessings from God by using all these loudspeakers and firecrackers? As a responsible society, we should put an end to all this. Take the Wari procession (annual pilgrimage on foot to Pandharpur) for example. It is carried out so peacefully with absolutely no loudspeakers or noise,” the court had observed during the hearing on Tuesday.

Firecracker Safety Concerns

The HC also raised concerns over the safety and environmental impact of firecrackers. It noted that firecrackers openly sold in the market do not indicate the decibel levels they generate and said there appeared to be no effective norms regulating the toxicity of smoke released by them.

“There also appears to be no norms being implemented qua the extent of toxicity of the smoke generated upon their bursting. This, prima facie, appears to be an unregulated area,” the court said, observing that bursting firecrackers on roads was dangerous and caused toxic pollution.

The court noted that Mumbai faces severe air pollution during the festive period, with haze persisting for more than three months.

“It is high time that in large cities having dense population like Mumbai, Thane, Pune, Nashik, where majority of the citizens are made to silently suffer such brazen violations, a regime of total restraint on the playing of loud music… needs to be completely banned and a more dignified and civilized way of having these processions and celebrations, is the imminent requirement of the contemporary times,” the court said.

The court directed authorities to strictly enforce its directions during festivities and posted the matter for October 15.

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Directions Issued By HC

• Total ban on bursting firecrackers on public streets and roads during festivities.

• Ban on laser lights, high-intensity lumen lights and beams during processions.

• Authorities to measure decibel levels and take action against unauthorised sound systems.

• Violating devices and materials can be seized and confiscated.

• Organisers must install decibel meters at venues and processions and use sound systems fitted with internal sound limiters.

• Decibel levels must be recorded by designated officials.

• Authorities to consider deposits of at least Rs 1 lakh for associations/groups and Rs 50,000 for individuals, which can be forfeited for violations.

• Organisers must prominently display permissions and details of persons responsible for processions.

• Authorities must assess the cumulative impact of multiple permissions granted in the same ward.

• Violations can attract action under noise pollution rules, the Environment Protection Act, Bharatiya Nyaya Sanhita, Explosives Act and other applicable laws.

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