High Court bans firecrackers, laser lights and music in festival processions in Maharashtra

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Bombay High Court. File | Photo Credit: The Hindu

The Bombay High Court on September 22 ordered a ban on firecrackers, laser lights, music, instruments and sound systems during processions at festivals across Maharashtra. It ordered deposits, permissions, decibel meters and undertakings for organisers. The order follows suo motu cognisance of noise pollution from processions on September 21. A Division Bench of Justice Girish Kulkarni and Justice Dr Neela Gokhale listed the matter for compliance on October 15.

The court said organisers and Mandals must deposit ₹1 lakh as a condition for permission under the Noise Pollution (Regulation and Control) Rules, 2000. For a person, the deposit is ₹50,000. If the decibel level is breached at the venue or in the procession, the deposit will be forfeited. Law will apply.

The court ordered organisers to install decibel meters and display them in a place. They must give an undertaking that sound systems will have sound limiters. They must display permissions under the Noise Pollution Rules. They must display names, addresses and phone numbers of persons who take part and who organise processions, so that accountability for violations can be fixed.

The court said authorities must consider the impact of permissions in one ward on noise pollution in the area. Without assessment, permission cannot be granted. Authorities must measure the decibel levels of persons who receive permission and take action under the law against activities without a licence or authorisation for the use of sound systems. Authorities must seize and confiscate devices, instruments and materials on breach.

The court ordered a ban on firecrackers on streets and roads during festivals. Authorities must take steps to implement the direction and prevent air and noise pollution from firecrackers. The court ordered a ban on laser lights, lights and beams with lumen intensity during festivals and processions. It ordered Police Authorities and authorities to take steps to measure decibel levels of noise pollution from persons who receive permissions and to take action under law against activities without licence or authorisation in use of sound systems. On breach, authorities must seize and confiscate devices, instruments and materials.

The court said the Rules apply during festivals. It agreed with advocate Aspi Chinoy, Amicus Curiae in the matter, that festivals do not remove the need to follow the Noise Pollution Rules. The court said provisions cannot remain on paper and decisions cannot be ignored.

On air pollution, the court said there are no norms for the toxicity of smoke from firecrackers. The court called it an area without regulation. The court said the toxicity of pollution from firecrackers and its effect on air quality is a health hazard to persons who participate. The court said concerns cannot be ignored and action is required to prevent pollution from firecrackers. The Corporation and authorities face a challenge to reduce smoke and pollution from September to October (after monsoon), with haze, and to maintain air quality in the city.

The court said noise pollution affects citizens, persons with illnesses, students before examinations and children. The court said authorities have not implemented provisions in law to control and regulate noise pollution, despite decisions by the Supreme Court and the High Court. The court said authorities cannot avoid this reality. Citizens face noise pollution and health hazards.

The court ordered action against violators under the Noise Pollution Rules, the Environment (Protection) Act, 1986, the Bharatiya Nyaya Sanhita, 2023 and the Explosives Act, 1884. It said breach of the Noise Pollution Rules amounts to a breach of the rights of citizens. It said authorities must deal with the breach. It said authorities must sensitise organisers and Mandals to their obligations to society and maintain decibel levels under norms. It said every citizen must act and recognise their duty to citizens and society on noise and air pollution.

With these directions, the Bench adjourned the matter for compliance till October 15.

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