Amid Ganeshotsav celebrations across Maharashtra, the Bombay High Court on Tuesday, September 22, imposed a “total ban” on bursting firecrackers on public streets, and issued a slew of directions to curb “high level of noise pollution”.Justices Girish S Kulkarni and Neela K Gokhale on Tuesday passed an order on a suo motu PIL, addressing noise pollution caused by amplified music systems and bursting of firecrackers on public streets. On Monday, the bench had observed that “innocent persons cannot be made to suffer due to a few who create objectionable noise pollution”.Raising concerns over the “cumulative effect on air quality” and “toxicity of pollution,” causing a “serious health hazard”, the Bombay High Court noted that “these concerns cannot be taken too lightly and stringent actions are required” to prevent air pollution amidst post-monsoon “persistent haze”.Citing the “danger of accidents” on roads where pedestrians and vehicles ply, the court observed that firecrackers are used without “any indication of the level of noise pollution” or norms on the “extent of toxicity of the smoke,” making it, “prima facie, … an unregulated area.”It added that bursting firecrackers in private places must also remain “within the restrictive ambit of decibel levels.”Need for dignified processions in major cities: HCTerming steps taken by Nagpur, Solapur, and Pune Police Commissioners “heartening,” the HC stated that “it is better that certain activities are restrained or banned” since they affect the “fundamental rights of the public at large.”“It is high time that in large cities having dense population like Mumbai, Thane, Pune, Nashik, where the majority of the citizens are made to silently suffer such brazen violations, a regime of total restraint on the playing of loud music, by use of high-watt speakers, sound system, loud speakers, dhol tashas, use of cylinders etc. needs to be completely banned and a more dignified and civilised way of having these processions… is the imminent requirement of contemporary times,” the bench noted.Story continues below this adHC rejects state’s ‘all is well’ stanceThe high court observed that noise pollution rules cannot be “presumed to be non-existent and/or completely relaxed” due to festivities. Despite a “rosy picture being painted” by the government, the high court criticised the complete lack of strict enforcement.Rejecting the state’s “all is well” stance, citing ground realities of “no change in brazen violations,” the bench observed that “all these issues cannot fall on deaf ears” and police permissions cannot be a “routine formality and (be) rendered ineffective” by permitting violations or acting only after receiving complaints.Key directives by the Bombay High Court:1. Complete ban on street firecrackers: The court ordered a total ban on bursting firecrackers on public streets and roads during festivities, seeking strict measures to implement the direction.2. Prohibition of laser lights: Authorities must prohibit laser lights, high-intensity lumen lights, and beams in festive processions.Story continues below this ad3. Decibel checks and enforcement: Police and other authorities shall measure decibel levels of permitted sound systems and take strict legal action against unlicensed, unauthorised, or illegal noise pollution activities.4. Seizure of offending devices: Upon noticing breaches, authorities must seize and confiscate offending devices or instruments.5. Mandatory meters and limiters: Organisers seeking permissions shall undertake installing “decibel measurement meters” at every venue or procession visible to the public at large and ensure sound systems are fitted with “internal sound limiters.”6. Recording noise levels: Designated officials to maintain meters at all relevant times and record decibel levels both individually and cumulatively.Story continues below this ad7. Substantial security deposits: Authorities are directed to consider accepting deposits, a minimum of Rs 1 lakh for groups or associations and Rs 50,000 for individuals, as a condition for permission under Noise Pollution Rules. These will be forfeited upon any decibel level breach, over and above statutory legal action.8. Public display of permissions: Organisers must publicly display granted permissions alongside the names, addresses, and mobile numbers of responsible persons to fix accountability for violations.9. Sensitisation at starting points: Police and civic authorities must inspect and sensitise organisers at the beginning of every procession regarding their “obligations towards society at large” to maintain permissible decibel levels.10. Cumulative impact assessment: Designated authorities to assess the “cumulative impact” of noise pollution from multiple approvals in a single ward; permissions cannot be granted without such scientific assessment.Story continues below this ad11. Citizen responsibility: Every citizen to recognise their “individual and collective responsibility” to “fellow citizens and the society at large” regarding noise and air pollution.12. Penal consequences: Violators to be liable for penal action under the Noise Pollution Rules, Environment (Protection) Act, Explosives Act, Bharatiya Nyaya Sanhita (BNS) for public nuisance, and other statutes.13. Strict dealing with breaches: Breaching noise pollution rules shall be “dealt (with) strictly” as they constitute a “breach of the fundamental rights of the citizens”.14. Statewide implementation: The order must be circulated immediately to all relevant authorities across Maharashtra for implementation during festivities.