Bombay High Court orders total ban on firecrackers on streets, laser lights during festivals

The Bombay High Court has issued directives to curb severe noise and air pollution during festive processions across Maharashtra [In Re: Noise and Environmental Pollution]

By way of an order passed on September 22, a division bench of Justices GS Kulkarni and Neela Gokhale ordered a complete ban on bursting firecrackers on public streets and roads during festivities.

Further, laser lights, high-intensity lumen lights and beams have also been completely prohibited during celebrations.

The Court also imposed a slew of obligations on organisers of such festivities/ celebrations.

They have to instal internal sound limiters and decibel meters at festival venues and processions and must also submit security deposits of ₹1 lakh.

The Court passed the order in a suo motu public interest litigation petition initiated by it to address unchecked pollution during festivals like Ganeshotsav.

During the hearing, the Court had orally remarked that celebrations are not meant for people to die or suffer health-wise.

The bench emphasised that enforcement must be preventive rather than relying on minor fines after the damage to citizens' health is already done.   

To implement these preventive measures, the Court issued several key directives:

• The Court ordered a total ban on bursting firecrackers on public streets and roads during festivities.

• Laser lights, high-intensity lumen lights, and beams are completely prohibited during celebrations.

• Organizers must install visible decibel measurement meters at venues and processions.They must also furnish affidavits guaranteeing sound systems contain internal limiters.

• Organisers must submit security deposits of ₹1 lakh for groups or ₹50,000 for individuals. Deposits stand forfeited upon any decibel violation.

• Authorities must immediately seize and confiscate non-compliant sound systems and offending instruments.

• Designated officials must actively measure and record decibel levels in the presence of organizer representatives.

• Processions must publicly display written permissions alongside the names, addresses, and mobile numbers of responsible organizers.

• Authorities must evaluate the cumulative noise impact in a ward before issuing multiple permits.

The Court also ordered officials to sensitise organisers about their legal obligations when processions begin.

The bench clarified that violators would face prosecution under the Noise Pollution Rules, Environment (Protection) Act, Bharatiya Nyaya Sanhita, and Explosives Act.

Advocate general Milind Sathe with additional government pleaders Neha S Bhide, Onkar A Chandurkar and PN Diwan appeared for State.

Senior advocate Aspi Chinoy and advocate Anand Pai are amici.

Advocate Jaya Bagwe appeared for Maharashtra Pollution Control Board.

Senior advocate Anil Sakhare with advocates Manish Kelkar and Gauri Phadake appeared for intervenor, Jagrut Punekar Kruti Samiti.

[Read order]