Festivals in Maharashtra would henceforth be celebrated in a more 'civilised' manner, as the Bombay High Court said on Tuesday (September 22) while imposing a total ban on use of firecrackers, laser light, loud music, any musical instrument causing noise pollution, during religious processions irrespective of religion and festivals across the State.

Notably, a suo motu cognisance of the noise pollution caused during the religious process, was taken by the High Court on Monday (September 21).

A division bench of Justice Girish Kulkarni and Justice Dr Neela Gokhale said it is high time that festivals are celebrated in a dignified and civilised manner especially in the metropolitan cities like Mumbai, Thane, Pune etc. 

"It is high time that in large cities having dense population like Mumbai, Thane, Pune, Nashik, where majority of the citizens are made to silently suffer brazen violations, a regime of total restraint on the playing of loud music by use of high watt speakers, sound system, loud speakers, dhol tashas, use of cylinders etc. needs to be completely banned and a more dignified and civilised way of having these processions and celebrations, is the imminent requirement of the contemporary times," the bench opined. 

The judges made it clear that there shall be a total ban to the bursting of firecrackers during festivities on public streets, roads, etc. and the authorities shall take all measures to implement the said direction and prevent air and noise pollution being generated by the use of firecrackers.

"The authorities shall prohibit/ban the use of laser lights, high intensity lumen lights and beams in the festivities/processions. The Police Authorities and the other concerned authorities shall take all necessary steps to measure the decibel levels of the noise pollution being generated by the persons who are granted permissions as also to take stringent actions as per the requirements of law to prohibit unlicensed/unauthorised and illegal activities in the use of sound systems etc. On the breaches being noticed, the concerned authorities shall take all appropriate steps to seize the devices/instruments/materials etc. and confiscate such offending devices," the judges ordered. 

The bench made it mandatory for procession or event organisers to install 'Decibel Measurement Meters' and display of the same at conspicuous place for the authorities to record the same and take action if there is a breach. A further directive is issued to make the organisers furnish a mandatory undertaking that the sound systems to be used, will be fitted with internal sound limiters. 

The bench has also ordered the organisers or Mandals to cough up a security deposit of minimum Rs 1 lakh for ensuring that they do not breach the Noise Pollution Rules. 

"The respondents are directed to consider accepting substantial deposits which shall be an amount of not less than Rupees One Lakh in case of an association/group of persons and Rupees Fifty thousand, in case of an individual, as a condition for grant of permissions under the Noise Pollution (Regulation and Control) Rules, 2000, with a condition that in the event of breach of the decibel level either at the venue, in respect of which the permission is granted or in the processions, the deposit shall stand forfeited, in addition to the further action which the law would mandate to be taken against such offending persons. The organisers of the festivities are directed to display the permissions granted to them under the Noise Pollution Rules. The authorities shall ensure that all processions display the said permission granted to them. They shall also display the names and addresses of the persons alongwith their mobile numbers of all such persons involved and responsible to undertake the festivities / processions etc., so that accountability on the violations, if any, can be identified and easily fixed," the bench ordered. 

The authorities have been further ordered to sensitise organisers or Mandals to their corresponding obligations towards society at large and maintain the decibel levels as per the prescribed norms.

"The designated authorities shall consider the impact of multiple permissions being granted in one ward on the parameters of cumulative impact of noise pollution in the said area. Without such methodical and scientific assessment, permission cannot be granted, resulting in the breach of Noise Pollution Rules. We expect every citizen to take a responsible position and recognise his individual and collective responsibility to the fellow citizens and the Society at large, on matters relating to generation of noise and air pollution," the bench said. 

Significantly, the bench has ordered strict action on violators under provisions of Noise Pollution Rules, Environment (Protection) Act, 1986, Bharatiya Nyaya Sanhita, 2023 and also the Explosives Act, 1884.

 "The breach of the Noise Pollution (Regulation and Control) Rules, 2000 needs to be dealt strictly by the designated authorities, as any breach of these Rules amount to breach of the fundamental rights of the citizens. Thus, all the persons involved not only in the violation but also otherwise would be required to be proceeded as per the directions issued by this Court, the Supreme Court and the mandate of law," the bench made it clear. 

Rising Air Pollution - A Serious Concern

In its detailed order, the bench observed that the violations happen as those indulge in the noise violations are least bothered about the rights of the citizens in large and the effect of the noise pollution they create, which are harmful and hazardous to the senior citizens; to those who are ailing/sick; students preparing for examinations and children who cannot sustain the impact of such high level of noise pollution.

"We are also seriously concerned with the level of air pollution that would be generated by the bursting of firecrackers on public streets, including other hazardous firecrackers, where pedestrians walk and two-wheelers and cars ply and the dangers of any accidents taking place by abrupt bursting of firecrackers. We are also concerned with the potential hazards caused by the bursting of firecrackers, including firecrackers generating noise pollution in excess of the prescribed decibel limits. This, more particularly, as none of the firecrackers which are openly available being used on the basis of any indication of the permissible decibel levels or the level of noise pollution, that would be generated, upon the bursting of such firecrackers," the bench observed. 

Further the bench noted that there are no norms being implemented qua the extent of toxicity of the smoke generated upon firecracker bursting, which the judges held a prima facie, "unregulated area."

"The toxicity of pollution being generated by the firecrackers and the cumulative effect it has on the air quality is a serious health hazard, also harmful to every person who is participating in such events. These concern cannot be taken too lightly and stringent actions are required to be taken so as to prevent the pollution by fire crackers, this more particularly, as observed by us in the earlier order that the Municipal Corporation and other authorities are struggling to reduce such high levels of smoke and pollution, and more particularly, being caused from the months September-October (post monsoon), whereby persistent haze is noticed and to maintain ambient air quality in the city itself is challenge," the bench noted. 

The judges pointed out that although robust provisions are available in law, to control and regulate the levels of noise pollution being generated by the processions and venues in the festivities, mostly they have remained to be paper provisions much less being effectively implemented in letter and spirit. The reason being, the judges said, is that no effective implementing agency, through the machinery of the Police Commissioner or the Municipal Commissioner or the Maharashtra Pollution Control Board and other designated authorities, appear to be taking steps, despite wealth of successive decisions rendered by the Supreme Court and the High Court.

"This is the sad ground reality from which the authorities at the helm of affairs cannot run away. The casualty in the whole process are the innocent persons who are foisted with such noise pollution bringing about serious health hazards," the judges said. 

Rules Continue To Be In Place Even During Festivities

The bench agreed with senior advocate Aspi Chinoy, who is also the Amicus Curiae in the matter, that there cannot be a situation that merely because there are festivities, the mandate in regard to the implementation of the Noise Pollution Rules, is presumed to be non-existent and/or completely relaxed, as if there is no requirement to adhere to any noise pollution norms.

"Such impression, in our opinion, is certainly true as seen from the total laxity on the part of the enforcement machinery on which there cannot be two opinions, despite any rosy picture being painted by the Advocate General of an appropriate implementation of the Rules, when he recites the mantra of 'All is Well.' We do not agree looking at the ground realities which has at all relevant times in the past been a matter of serious concern in successive proceedings and there is no change in such reality of brazen violations on this count. We may observe that the provisions cannot remain paper provision. Similarly the decisions which are rendered by the Court on all these issues cannot fall to deaf ears," the bench remarked. 

With these observations and directions, the bench has adjourned the matter for compliance till October 15.

Case Title: In Re: Noise and Environmental Pollution vs State of Maharashtra (Suo Motu PIL 1 of 2026)

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