Festivals not meant for people to die: Bombay High Court moots decibel caps, ban firecrackers on streets

Celebrations during festivities are not meant for people to die or suffer, the Bombay High Court orally remarked on Tuesday.

A division bench of Justices GS Kulkarni and Neela K Gokhale indicated that it will issue an order banning the bursting of firecrackers on public roads across Maharashtra during festivals like Ganeshotsav.

The sharp remarks came during the hearing of a suo motu case initiated by the Court to address unchecked noise and air pollution caused by high-decibel amplifiers, loud music systems and firecrackers on public streets during festivals.

The Court ordered authorities to take immediate preventive action instead of acting on delayed complaints. 

It directed police to measure noise levels on-site using decibel meters and confiscate equipment violating prescribed norms.

“Celebrations are not meant for people to die or suffer health-wise. Nobody would accept this idea that celebrations are there, but at the cost of someone’s health,” the Court said. 

It also emphasised that celebrations could not happen at the cost of violation of the norms, rules and the tremendous inconvenience to the other citizens. 

“The excesses have to be controlled,” the judge said. 

Data submitted during the hearing recorded noise levels reaching up to 106 decibels.

While the law permits extended hours until midnight on 15 designated festival days, strict daytime limits up to a maximum of 75 decibels remain mandatory. 

Advocates noted that those celebrating festivals bypass DJ bans by stacking speakers on pushcarts or beating heavy metal cylinders with hammers.

The court criticised the current enforcement mechanism which involves police issuing minor fines of ₹5,000 that effectively act as blanket permissions to break the law.

Justice Kulkarni remarked that action must be preventive, failing which damage to thousands of citizens would be already done. 

“There is no point. First violating, then going and paying a fine is no good. Filing a criminal complaint, nothing will happen. It has to be preventive. Otherwise, the damage is already done. There is no point in having this kind of mechanism. That is not the correct law and order situation,” the judge emphasised. 

The bench questioned why Maharashtra lacks a uniform policy when cities like Nagpur have proactively banned DJ sound systems and laser lights. 

Advocate General Milind Sathe argued that State directions prohibit "all musical instruments, by whatever name called, which create noise beyond permissible decibel levels."

The Court mandated organisers to prominently display written loudspeaker permissions.

It also urged citizens to recognise their corresponding obligations towards the society at large and maintain decibel levels as per prescribed norms.