HC takes suo motu cognisance of noise pollution during religious processions

A division bench of Justice Girish Kulkarni and Justice Dr Neela Gokhale has asked the state government to place before it the relevant laws concerning prevention, control, monitoring and abatement of noise pollution

MUMBAI: The Bombay high court on Monday took suo motu cognisance of noise pollution caused by religious processions in Mumbai and other cities across Maharashtra, directing the state to spell out the laws governing noise pollution and the steps being taken to enforce them. Another public interest litigation (PIL) on the issue will be heard by the court on October 5.

HC takes suo motu cognisance of noise pollution during religious processions. (HT ARCHIVE)

A division bench of Justice Girish Kulkarni and Justice Dr Neela Gokhale has asked the state government to place before it the relevant laws concerning prevention, control, monitoring and abatement of noise pollution.

Noting that despite a robust statutory framework prohibiting high levels of noise pollution, the court said that the ground realities show that the rules are “not being implemented in the manner the law would mandate, causing serious prejudice to the citizens at large”. It said that celebrations certainly need to take place, but they cannot be at the cost of breach of the legal rights of thousands of citizens, who are seriously and adversely impacted, and who are left to suffer silently, on account of such high levels of noise pollution.

The bench also questioned the authorities over permissions granted to burst firecrackers, stating that the smoke adds to the deterioration of air quality at alarming levels. Holding that no responsible citizen can be permitted to pollute the atmosphere by bursting firecrackers, the court observed, “Considering the indisputable severity of the air pollution in Mumbai, prima facie it is high time that firecrackers causing noise and air pollution leading to the toxicity of the air are banned”.

Accordingly, the court issued notices to the Commissioner of Police (Traffic), Secretary of the Urban Development Department, Maharashtra Pollution Control Board (MPCB), and the BMC Commissioner, seeking their response on the requirements of law and the norms being required to be implemented.

The court’s intervention comes amid growing concerns over ear-shattering music systems and other sources of noise during religious festivals across the state. The issue has also triggered citizen-led agitations against festival noise pollution in Pune, calling for restraint during celebrations and greater awareness of the health and safety risks associated with exposure to high-decibel DJs and laser lights.

The campaign gained momentum after Pune-based anti-noise pollution activist Vidyanand Bapat, who has been campaigning against the use of high-decibel DJ and loud systems during religious celebrations, was assaulted by a man while giving an interview to a television channel on September 3.

Subsequently, a public interest litigation (PIL) was filed in the Bombay high court flagging the persistent failure of State authorities to implement the Noise Pollution Rules, 2000, despite numerous interim orders passed by the court in the last 16 years. A division bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna has agreed to hear the PIL on October 5.

The issue also received attention earlier this month when chief minister Devendra Fadnavis likened the sound generated by DJ systems to an earthquake and urged people to celebrate the Ganpati festival in a traditional manner, even as the Mumbai police reiterated that no DJ systems would be allowed during the festival period, in keeping with noise pollution curbs imposed by the Bombay High Court.

“I am of the view that people must be taken into confidence and a consensus should be reached on how to celebrate the Ganpati festival in a traditional manner,” Fadnavis said in Pune, a day ahead of the Janmashtami Dahi Handi celebrations on September 5.

A fortnight ago, the Mumbai police had said that none of the 14,000 major Ganpati mandals across the city whose idols measure at least 15 feet had applied for clearance to use DJ systems. Sources in the Mumbai police had said that to ensure better enforcement, senior officers had instructed policemen on duty to strictly use the decibel meters issued to them especially at crucial spots such as Lalbaug, Girgaon and Juhu Chowpatty. “The permissible noise level is 55 db during the day and 45 db at night. Anybody violating these parameters will be booked,” said an officer.