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

In a recent ruling, the Bombay High Court condemned the Maharashtra government for its apparent lack of commitment to enforcing noise pollution rules during festival celebrations, despite numerous court directions. The court's bench, consisting of Justices Girish Kulkarni and Neela Gokhale, expressed disappointment over the continued violations of noise and air pollution norms during festival processions.

This critical assessment came as the government's advocate, Milind Sathe, attempted to defend the enforcement efforts, arguing that the Deputy Commissioner of Police (Operations) in Mumbai had issued an order on September 4 prohibiting loudspeakers, amplifying instruments, musical bands, and the bursting of firecrackers during processions.

However, the court disagreed, citing the "total laxity" displayed by the enforcement machinery, despite any rosy picture painted by the government. The court called for a more robust preventive mechanism to stop such violations rather than acting only after complaints are received. They emphasized the need for a dignified and civilized approach to celebrating festivals, questioning the rationale behind using loudspeakers and firecrackers and suggesting that such practices do not bring additional blessings from God.

The court also highlighted the safety concerns related to firecrackers, pointing out that the sold products do not indicate decibel levels and that there are no effective norms regulating the toxicity of smoke released by them. With Mumbai facing severe air pollution during the festive season, the court urged authorities to implement a total ban on loud music and to adopt a more responsible and environmentally-friendly way of celebrating.

The court directed authorities to enforce its directives during festivities, with a hearing scheduled for October 15.