Bombay High Court indicates ban on firecrackers on public streets during festivals

Wait 5 sec.

Bombay High Court orders complete ban on bursting firecrackers on public roads across Maharashtra, mandates strict decibel monitoring during festivals. (File)The Bombay High Court on Tuesday indicated that it will ban the burning of polluting firecrackers during festivals, including Ganeshotsav, on public roads across Maharashtra. It also said that the police and other authorities will be required to take steps to measure the decibel levels of noise pollution and take stringent action as per the law.The court was hearing a suo motu PIL raising concerns over noise pollution during festivities, due to loud music through music systems with amplifiers and air pollution through firecrackers on public streets.“We will pass that reasoned order, but we will be directing the authorities to ban the burning of firecrackers during the festivities on public streets, roads, etc., and to take all measures to prevent air pollution being generated by the use of firecrackers,” a bench of Justices Girish S Kulkarni and Neela K Gokhale said.The bench orally remarked that celebrations during festivities, including the ongoing Ganeshotsav, are “not meant for people to die or suffer health-wise” due to “unchecked” noise and environmental pollution causing “tremendous inconvenience” to “silently suffering” citizens.It also questioned why there was no “uniform” policy in Maharashtra while the police commissioner of Nagpur and authorities in Solapur and other areas had “proactively” issued circulars curbing the use of the DJ sound systems and laser lights. The HC said the authorities should be proactive instead of acting only after receiving complaints.To this, Advocate General Milind Sathe, representing the state government, argued that as per the Director General of Police (DGP)’s directions, “all musical instruments, by whatever name called, which create noise beyond permissible decibel levels, are not allowed, no matter what the instrument is”.Justice Kulkarni also orally remarked that the burning of polluting firecrackers was becoming a “health and accident hazard” and questioned why the use of such firecrackers adding to haze and air pollution should be permitted on public streets while there is already “loud music” in the processions.Story continues below this adThe judge orally said that besides paying fines after violations, the action should be preventive, failing which “damage to thousands of citizens is already done” and “there is an impression that one can do anything in a blanket manner in these 15 days (carved out as exceptions)”. Therefore some restrictions are required and advance deposits can be asked from mandals seeking permissions.The bench said it will note in the order that decibel levels shall be maintained by appropriate officials indicating visual meter readings in panchanama.Accepting suggestions by amici curiae senior advocate Aspi Chinoy and advocate Anand Pai, the bench said that it will direct the authorities to ensure that “all venues and processions display the loudspeaker permissions granted to them”.The judge said that court will direct the authorities to take “necessary action” at the beginning of a procession, so that persons undertaking activities, including the use of musical instruments and loudspeakers are “sensitised” to “their corresponding obligations towards the society at large” and maintain decibel levels as per prescribed norms.Story continues below this ad“We expect the citizens to take a responsible position and recognise their obligations towards society at large,” the HC said.The bench added that it will also ban the use of cylinders used as instruments for generating noise, as flagged by senior advocate Sanjeev Gorwadkar, appearing for PIL petitioner Dr. Mahesh Bedekar from Thane, who along with other petitioners from Pune and Nashik also raised concerns over levels exceeding 100 decibels in some parts in the past few days.Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More Tags:Bombay High CourtMumbai