The Bombay High Court has initiated a suo motu public interest litigation over noise and air pollution during Ganeshotsav in Mumbai, questioning why existing limits on loud music and firecrackers are not being effectively enforced. The court said citizens should not be made to suffer because of objectionable noise and called for authorities to respond to the situation.
A bench of Justices Girish S Kulkarni and Neela K Gokhale raised concerns about loud music being played beyond permissible limits and hours during festivities and processions. The bench said that, based on “ground realities”, existing rules appeared not to be properly implemented, causing “serious prejudice to the citizens at large”.
The court clarified that it had no objection to festivals and processions being conducted, but said they must be organised in a manner that recognises the rights of all citizens. It observed that thousands of residents were being adversely affected by high noise levels and were left to suffer silently.
The bench also questioned permissions granted for DJ sound systems during processions. It noted that the timelines and permissible hours for amplified music were being breached. While permissions would otherwise extend only up to 10 pm, the court questioned the rationale for allowing loud music during processions until midnight.
According to the court, the problem is intensified when several processions use loud music simultaneously and firecrackers are burst alongside them. The combined effect, it said, worsened noise levels and contributed to air pollution during the festival period.
The court separately flagged the risk posed by firecrackers being burst on public roads, including the “imminent danger of accidents” involving cars and pedestrians. It also questioned the continued use of firecrackers that contribute to both noise pollution and air pollution.
The bench referred to a 2023 suo motu PIL concerning air pollution in Mumbai. It said authorities had been struggling to reduce high pollution levels during September and October, when a persistent haze is noticed in the city. The court observed that the severity of Mumbai’s air pollution made it necessary to consider whether firecrackers causing noise and air pollution should be banned.
The court said no responsible citizen should be permitted to pollute the atmosphere through firecrackers or excessive noise, describing the resulting air pollution as harmful to the environment. Its observations were made while seeking responses from the authorities and were not presented as a final order imposing a ban.
The suo motu PIL adds a judicial review of festival-related pollution to the existing enforcement responsibilities of civic and other authorities. The central issues before the court include compliance with permissible noise levels, adherence to authorised hours, permissions for DJ systems, and the safety implications of firecrackers on public roads.
The matter has been posted for hearing on September 22, when the authorities are expected to respond to the court’s concerns.
