The Bombay High Court has proactively addressed the persistent issue of noise and air pollution attributed to the use of loudspeakers, amplifiers, and firecrackers during festival celebrations by initiating a suo motu public interest litigation. A division bench comprising Justices G.S. Kulkarni and Neela Gokhale expressed significant concern regarding the inadequate enforcement of noise pollution regulations.
On September 21, the Court issued an order emphasizing that public festivities should not infringe upon constitutional rights. The bench stated, “There cannot be any objection to the festivities/processions being held; however, they need to be conducted in a manner that is conducive and cognizant of the rights of citizens at large, considering the adverse impact created by high-decibel noise pollution.” The Court highlighted the plight of vulnerable groups, such as ailing seniors and students, who are disproportionately affected.
The order further stated, “The celebrations certainly need to take place, but they cannot be at the cost of breaching the legal rights of thousands of citizens, who are seriously and adversely impacted, and who are left to suffer silently.” The bench questioned the logic of allowing loudspeaker use until midnight, noting, “We also do not find any logic in granting permission to play such loud music in these processions up to midnight, i.e., 12:00 am, when otherwise, we are informed that permission for such processions along with the use of musical instruments, loudspeakers, and amplifiers would be only up to 10:00 pm.”
The Court is contemplating a comprehensive ban on firecrackers due to the deteriorating air quality in Mumbai. “Considering the indisputable severity of the air pollution in Mumbai, prima facie it is high time that firecrackers causing noise and air pollution leading to the toxicity of the air are banned, so as to nurture a healthy environment,” the bench remarked.
The State government has been instructed to submit an affidavit addressing the Court’s concerns, with the matter scheduled for a hearing on September 22. Advocate General Milind Sathe, along with additional government pleader P.N. Diwan, represented the State.
In a related development, a different bench of the High Court has sought a response from the State government regarding a public interest litigation filed by Pune residents. This petition, submitted by Akshay Gautamrao Bikkad and Harshal Narayan Garud, requests the appointment of an independent third-party agency to monitor noise violations across the state. Senior advocate Aspi Chinoy and advocate Anand Pai have been appointed as amici curiae, and the petition is slated for a hearing on October 5.
For more details, read the Suo Motu order.
