‘Innocent persons can’t suffer’: Bombay HC flags noise, air pollution during Ganeshotsav

Ganeshotsav is the ten-day Ganesh festival celebrated across Maharashtra.

Observing that “innocent persons cannot be made to suffer due to a few who create objectionable noise pollution,” the Bombay High Court on Monday, amid Ganeshotsav, initiated a suo motu (on its own) PIL raising concerns over the “high level of noise pollution” during festivities through “loud music” beyond permissible limits and hours.

The court also prima facie observed that it was “high time” firecrackers causing noise and air pollution, leading to “toxicity of the air are banned to reduce their “ill effects.” A bench of Justices Girish S Kulkarni and Neela K Gokhale also questioned permissions granted for DJ sound systems.

The HC observed that “from the ground realities,” it appeared the already existing rules are not properly implemented, causing “serious prejudice to the citizens at large.”

The bench clarified that while “there cannot be any objection” to holding festivities and processions, they were required to be conducted in a manner “conducive and cognisant of the rights of citizens at large” to avoid an adverse impact on thousands of people. “They are seriously and adversely impacted, and who are left to suffer silently, on account of such high levels of noise pollution,” the HC noted.

The court found that timelines and permissible hours are “being breached,” making it “evident that the collective decibel levels by simultaneous playing of loud music in processions, accompanied by firecrackers being burst, has worsened the situation.”

Flagging the “imminent danger of accidents” affecting cars and pedestrians from firecrackers bursting on public roads, the bench found “no logic” in allowing loud procession music until midnight when permissions “otherwise would only be up to 10 pm.”

It referred to the 2023 suo motu PIL over air pollution in Mumbai, with authorities “struggling” to reduce high levels of air pollution during September-October when a “persistent haze is noticed.”

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” Considering the indisputable severity of the air pollution in Mumbai, prima facie it is high time that firecrackers causing noise and air pollution leading to the toxicity of the air are banned, so as to nurture a healthy environment by reducing the severe ill effects caused by such pollution. No responsible citizen can be permitted to pollute the atmosphere, including to create noise pollution by burning firecrackers, which certainly enhances the toxicity of the air causing severe air pollution,” the bench observed and, seeking authorities’ response, posted the hearing to September 22.

Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More

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