The Bombay High Court has taken significant steps to address the issues of noise and air pollution during festive processions across Maharashtra. In a landmark decision on September 22, a division bench comprising Justices GS Kulkarni and Neela Gokhale has mandated a comprehensive ban on the use of firecrackers on public streets and roads during religious and cultural celebrations. This decision comes in response to a suo motu public interest litigation aimed at curbing unchecked pollution during major festivities, such as Ganeshotsav.
Further extending its preventative measures, the Court has also prohibited the use of laser lights, high-intensity lumen lights, and beams during these celebrations. The bench emphasized the need for proactive enforcement, stating that celebrations should not jeopardize public health or safety. To this end, the Court has outlined several obligations for festival organizers.
Key directives from the Court include the installation of internal sound limiters and decibel meters at festival venues and during processions. Organizers are required to submit a security deposit of ₹1 lakh for groups or ₹50,000 for individuals, which will be forfeited in the event of any sound limit violations. Additionally, authorities are instructed to seize and confiscate any non-compliant sound systems and instruments immediately.
Designated officials are tasked with actively measuring and recording decibel levels, with organizer representatives present. Processions must also display written permissions publicly, including the names, addresses, and contact numbers of responsible organizers. Furthermore, the authorities are advised to assess the cumulative noise impact in a ward before granting multiple permits.
The Court has made it clear that violations will lead to prosecution under the Noise Pollution Rules, the Environment (Protection) Act, Bharatiya Nyaya Sanhita, and the Explosives Act. The bench has also instructed officials to educate organizers about their legal responsibilities at the onset of any procession.
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In this case, the state was represented by Advocate General Milind Sathe along with additional government pleaders Neha S Bhide, Onkar A Chandurkar, and PN Diwan. Senior Advocate Aspi Chinoy and Advocate Anand Pai served as amici curiae, while Advocate Jaya Bagwe appeared on behalf of the Maharashtra Pollution Control Board. Senior Advocate Anil Sakhare, with Advocates Manish Kelkar and Gauri Phadake, represented the intervenor, Jagrut Punekar Kruti Samiti.
This decisive action by the Bombay High Court underscores the state’s commitment to safeguarding environmental health during cultural festivities. The full order can be accessed for further details on the Court’s directives and legal standings.
