Bombay High Court Takes Suo Motu Notice Of Festival Noise Pollution, Seeks Maharashtra Action Plan On Loudspeakers And DJs

Mumbai’s festive celebrations cannot come at the cost of citizens’ right to a peaceful environment, the Bombay High Court observed on Monday as it took suo motu (on its own) cognisance of the “severe” noise pollution caused by loudspeakers, amplifiers and firecrackers during processions, particularly amid the ongoing Ganapati festivities.

Court Raises Concern Over Impact on Citizens

A bench of Justices Girish Kulkarni and Neela Gokhale said senior citizens, students and children were among those adversely affected by excessive noise and could not be left to “suffer silently” because of violations of prescribed norms.

“There cannot be any objection to the festivities/processions being held, however, they need to be held in a manner which is conducive and cognizant of the rights of the citizens at large,” the court said.

Existing Noise Rules Not Effectively Implemented

The bench noted that there was already a “robust statutory framework” prescribing permissible noise levels. However, it said the ground reality suggested that the rules were not being implemented in the manner mandated by law.

The court expressed concern over the combined impact of loud music, amplifiers and firecrackers during processions, observing that simultaneous use of these sources had worsened noise pollution and resulted in violations of prescribed limits.

Senior Citizens, Students Among Those Affected

“These innocent persons cannot be made to suffer at the behest of few, who create such objectionable noise pollution,” the bench said, referring to senior citizens who are ill, students preparing for examinations and children who may be unable to withstand high levels of noise.

The court also questioned why loud music was being permitted during processions until midnight when it was informed that permission for processions involving musical instruments, loudspeakers and amplifiers was otherwise only up to 10 pm.

HC Questions Late-Night Loud Music During Processions

The bench further questioned the use of firecrackers, noting that they contribute to both air and noise pollution and can also pose a safety risk on public roads because of sudden explosions affecting motorists, two-wheeler riders and pedestrians.

“We are at a loss to understand” why firecrackers generating smoke and worsening air quality were permitted during such festivities, the court said.

Mumbai’s Pollution Challenges Cited

Referring to earlier suo motu proceedings on Mumbai’s air pollution, the bench noted that the city already faced serious environmental challenges, particularly during September and October.

It said it was prima facie “high time” that firecrackers causing noise and air pollution were banned to protect the environment and reduce the harmful effects of pollution.

The court issued notices to the State government through the Traffic Police Commissioner, Urban Development Department, Maharashtra Pollution Control Board and Brihanmumbai Municipal Corporation. 

While granting liberty to the respondents to file reply affidavits, the HC has kept the matter for hearing on September 22. The court also appointed senior counsel Aspi Chinoy and advocate Anand Pai to assist the court as amici curiae.

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