Strict implementation of the high court order pertaining to noise pollution has mandal workers and sound system owners up in arms. While the police have filed four cases against Ganesh mandals for violating the noise pollution levels prescribed under the Noise Pollution (Regulation and Control) Rules 2000 in Mundhwa, several groups of loud speaker business owners and Ganpati mandal heads from the city raised their voice against the Bombay high court decision to put a blanket ban on loud speakers this Ganeshotsav. The groups of protesters arrived at the Jhansi Rani Laxmibai chowk in Shivajinagar for the protest, but ran into trouble with the local police.
“We have (recently) issued an order under Section 36 of the Bombay Police Act. I have been moving around the city and saw that the noise-levels are much less and under control. In many cases, we have seized mixers (music), loud-speakers and sound systems,” said Ravindra Sengaonkar, additional commissioner of police (south).
Sengaonkar made it clear that police will follow the law about noise pollution in its totality and will not allow wall of speakers, often seen during the immersion procession. “We will act against mandals and sound system owners if they violate the order.”
This year, an association of sound system providers from Mumbai approached the Bombay high court against the police action. The association had sought clarification on what the rules and court orders in the issue concerned were. The petitioners had implied that there was no ban at all in place.
However, during the hearing, the government pleader claimed that a Bombay high court order from August 16, 2016, was in place and effect.
{{/usCountry}}However, during the hearing, the government pleader claimed that a Bombay high court order from August 16, 2016, was in place and effect.
{{/usCountry}}“All authorities concerned shall ensure that a loudspeaker or a public address system shall not be used except after obtaining written permission from the authority contemplated by the Noise Pollution Rules in accordance with Sub Rule (1) of Rule 5 in addition to the licence required to be obtained under the Rules, if any, framed under the Maharashtra Police Act of 1951,” the order from August 16, 2016, read.
“The authority will have to also consider of immediately issuing an order of suspension of licence/permission granted to use loudspeaker or public address system,” the order from August 16, 2016, further read.
The mandals and sound system owners, however, are protesting about the move saying there is no clarity from the police. “The local police in our areas have not said anything to us yet, but the court (HC) order will put us out of business and livelihood. The mandals have already paid huge amounts to sound system providers. The government should listen to both the sides and then come to a decision,” said Pravin Dongre of Sarvajanik Ganesh Utsav, Pune, who was leading the protest.
He claimed that lakhs of rupees had already exchanged hands through business between mandals and sound system providers.
“A case was registered against our mandal last year even after following all the rules. We have no objection to the time limit, but saying that the sound systems should not be run at all is not fair,” said Kiran Adkar of Aranyeshwar Akhil Taware colony Mandal which has been operational for the past 43 years, according to him.
Ravindra Kirve, head of Jogwadada Talim Mandal, which has been around for 74 years, seconded Adkar's opinion. While his mandal has had no cases against them, he said that they have recently paid for the lights and speakers. However, there has been no communication from the local police, he said.
During the Ganpati festival last year, the police had filed cases against several mandals and sound system providers for causing noise pollution.