HC on noise: No objection to festivals, but not at the cost of citizens' rights
MUMBAI, Sept. 22 -- 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.
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 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 while celebrations certainly need to take place, they cannot be at the cost of legal rights of thousands of citizens, who are left to suffer silently.
Clarifying that there cannot be any objection to the festivities or processions, the bench said that it needs to be held in a manner, which is conducive and cognisant of the rights of the citizens at large.
The bench also questioned the authorities over permissions granted to burst firecrackers, stating that the smoke adds to the deterioration of air quality. 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.
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 on September 3. Chief minister Devendra Fadnavis had even likened the sound generated by DJ systems to an earthquake and urged people to celebrate the Ganpati festival in a traditional manner. "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 Dahi Handi celebrations on September 5....
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