HC directs ban on firecrackers on public streets during festivities

“There are so many issues—noise pollution, air pollution, traffic congestion, etc. How do we survive in this city?” the division bench of Justices Girish Kulkarni and Neela Gokhale asked

MUMBAI: The Bombay High Court on Tuesday called for a complete ban on bursting firecrackers on the streets during festivities, saying crackers are a major source of noise and contribute to “toxic air pollution”. The court directed the Maharashtra government and Mumbai Police to strictly enforce decibel limits during religious processions and take strict action against violators.

Mumbai, India - November 01, 2024: People celebrated Diwali with firecrackers at Charni Road, Marine Drive in Mumbai. Diwali is certainly one of the biggest, brightest, and most important festivals in India, in Mumbai, India, on Friday, November 01, 2024. (Photo by Raju Shinde / Hindustan Times) (Hindustan Times)

“There are so many issues—noise pollution, air pollution, traffic congestion, etc. How do we survive in this city?” the division bench of Justices Girish Kulkarni and Neela Gokhale asked.

The court said there appeared to be “no control” over noise levels during religious festivals and questioned why Mumbai Police had not adopted measures similar to those in Nagpur, where DJs and other music systems have been banned from September 4 to November 1.

“We are very clear that the celebrations must go on, but it cannot be done at the cost of citizens. They cannot be suffering in silence. Why should firecrackers in a city like Mumbai be allowed, which is adding to the haze?” the bench asked.

It also directed the authorities to ensure that all pandals display the permissions granted to them for use of loudspeakers, while noting that they must be used strictly in accordance with noise pollution norms.

Advocate General Milind Sathe, appearing for the state, informed the court that there was already an order passed by the police commissioner in Mumbai, effective from September 9 to 30, which prohibits the use of loudspeakers and amplifying instruments and requires permission for religious processions and usage of musical instruments. Sathe said loudspeakers could only be used within prescribed decibel limits and firecrackers are not permitted in public places and that even in private places, the Noise Pollution Rules would continue to apply. The bench, however, noted that the processions often have several carts, each carrying speakers and sound systems powered by generators and questioned if such carts have the requisite permissions and pollution certificates.

“What must be the plight of the patients in the hospitals, which is a silent zone,” the judges asked. “Why can’t the processions be carried out in a manner where decibel levels are in control,” they said, adding that, “Those who are interested in using loudspeakers should have some responsibilities towards the citizens. If the processions are passing by a hospital or school, they should themselves stop the loud music.”

The court also insisted that a nominal fine is not enough to act as a deterrent. “Imposing a fine of ₹5,000 cannot be a blanket permission to do such things,” it said.