Will Ban Firecrackers, Require Mandals To Furnish Security Deposit To Enforce Noise Limits During Religious Processions: Bombay High Court

The Bombay High Court on Tuesday (September 22) said that it will pass a detailed order completely banning the use of firecrackers generating noise beyond permissible levels and also use of cylinders, used as musical instruments by Dhol (drum) groups, during religious processions.

On Monday, a division bench of Justice Girish Kulkarni & Justice Dr Neela Gokhale had taken suo motu cognisance of the issue of Noise Pollution caused during religious processions. 

When the matter was taken up today, the bench after hearing Amicus Curiae advocate Aspi Chinoy and Maharashtra Advocate General Dr Milind Sathe, said it will be passing a detailed order in due course.

Pointing out the operative order it intends to pass the court said:

- It will order a complete ban on bursting fire crackers on public roads.
- It will make it mandatory for Mandals to display the permissions granted for processions.
- Police and other competent authorities are to record the decibel levels during such processions and regulate the same and if there is noise beyond permissible decibels, act in accordance with law.
- It will also ban use of cylinders as a music instrument (by Dhol groups). 

The Bench also asked police authorities to impose a condition on Mandals for furnishing certain amounts as "Security Deposits" so that if there is any violation of the Noise Pollution Rules, the amount can be forfeited as a penalty.

"There is no dearth of money with these Mandals... This security deposit condition would act as a deterrent on these Mandals... It would be based on the 'polluter pays' principle," the court orally said. 

The bench also pointed out that thousands of people participate in the religious procession of Wari, annually during June without causing noise pollution. 

"They use the taals (manjeeras or hand cymbals) and sing songs... But they never disturb anyone and there is no noise pollution at all... Citizens must learnt from them...We only want responsible citizens to understand their own duties towards the society we aren't adding anything else neither are we coming up with some jurisprudence etc. We are also not against any religious processions or celebrations... Let celebrations happen but within the boundaries of law," the bench said. 

During the hearing, Maharashtra Advocate General Dr Sathe informed the judges that the Police only grants permissions for Processions and not for use of loudspeakers or DJ or even Dhols or for bursting firecrackers. A separate permission is need for the same. He further told the judges that at the most the permissions are granted for using Dhols/bands but not for firecrackers.

The AG further said that firecrackers aren't banned as such but police doesn't permit such use. He referred to provisions of Noise Pollution Rules, which also specify "silence zones" which are - hospitals, courts, schools, colleges, religious places etc.

At this, the court orally said that Ganesh Mandals can also be stated to be "religious places".  However, AG said a place to be declared as a silence zone, must be notified.

Yesterday the court had ordered the Maharashtra Government to spell out what steps it has taken particularly for containing Noise Pollution caused due to DJs during the religious processions. It had then also noted that during the ongoing Ganesh Chaturthi festival, DJs have been playing even beyond midnight, causing noise pollution to residents.

Notably, a Public Interest Litigation (PIL) on a similar issue is already pending before the High Court division bench led by Chief Justice Mahesh Chandra Tripathi.