Bombay High Court: Firecracker Decibel Caps Maharashtra Public Roads

• The Bombay High Court indicated it will ban firecrackers on public roads across Maharashtra during festivals like Ganeshotsav.
• A division bench of Justices GS Kulkarni and Neela K Gokhale made these remarks during a suo motu case on noise and air pollution.
• The Court ordered authorities to take immediate preventive action, directing police to measure noise levels with decibel meters and confiscate violating equipment.
• Noise levels up to 106 decibels were recorded, significantly exceeding the mandatory daytime limit of 75 decibels.
• The court emphasized that celebrations should not cause suffering or inconvenience, stating that excesses must be controlled.

The Bombay High Court recently indicated its intent to impose a comprehensive ban on the bursting of firecrackers on public thoroughfares across Maharashtra during festive periods.

The Bombay High Court recently indicated its intent to impose a comprehensive ban on the bursting of firecrackers on public thoroughfares across Maharashtra during festive periods. This significant development emerged from oral observations made by a division bench comprising Justices GS Kulkarni and Neela K Gokhale on Tuesday. The court's remarks underscore a growing judicial concern over unchecked noise and air pollution, particularly from high-decibel amplifiers, loud music systems, and firecrackers used on public streets during celebrations like Ganeshotsav.

These strong judicial statements were delivered during the ongoing hearing of a suo motu case initiated by the Court itself. The case was launched to address the pervasive issue of noise pollution, which the court views as a serious public nuisance. The bench emphasized that while celebrations are an integral part of festivals, they should not come at the expense of public health or significant inconvenience to citizens, signaling a proactive approach to regulating festival noise limits in Maharashtra.

In its directives, the Bombay High Court ordered authorities to prioritize immediate preventive measures rather than waiting for formal complaints to be lodged. Police forces have been specifically instructed to conduct on-site noise level measurements using decibel meters and to confiscate any equipment found to be violating prescribed norms. This move aims to ensure more rigorous enforcement of existing regulations concerning noise pollution, particularly during periods of heightened festive activity.

While current regulations permit extended hours for noise generation until midnight on 15 designated festival days, strict daytime limits, capped at a maximum of 75 decibels, remain mandatory. Data presented during the hearing highlighted the severity of the issue, revealing instances where noise levels soared to as high as 106 decibels, significantly exceeding permissible limits. The court's emphasis on proactive enforcement and the use of decibel caps in Maharashtra indicates a firm stance against such excesses.

The judiciary articulated a clear principle: celebrations are not meant to cause suffering or death. The Bombay High Court firmly stated that no one should accept the notion that festivities can occur at the cost of someone's health. This sentiment underscores the court's commitment to protecting public well-being and ensuring that cultural practices do not infringe upon fundamental rights to a healthy environment.

The bench further stressed that celebrations cannot justify the violation of established norms and rules, nor can they lead to tremendous inconvenience for other citizens. The judges explicitly declared that "the excesses have to be controlled," signaling a judicial mandate for greater responsibility and restraint during public festivities. This ruling by Justices Kulkarni and Gokhale sets a precedent for how noise pollution during festivals, including the Ganeshotsav firecracker ban on public roads, will be addressed moving forward, prioritizing community welfare.

Lawyers and compliance officers in Maharashtra should advise clients, particularly event organizers or businesses operating near festival sites, to prepare for stricter enforcement of noise pollution regulations and potential bans on firecrackers on public roads, as indicated by the Bombay High Court. This signals a shift towards proactive enforcement and could lead to new compliance requirements or increased penalties for violations.

Source: Original reporting via Times of India