Strictly implement noise pollution rules during fests, Bombay High Court tells state

You may get to enjoy comparatively lesser noise during the forthcoming festivals. The Bombay High Court has asked the state government to strictly implement the noise pollution rules and has held that loudspeakers and public address systems will not be allowed between 10pm and 6am, except on certain days marked by the government.

The use of loudspeakers in the silence zones has been completely banned. As a result, processions will have to stop blaring sounds while passing through the notified areas.

In their detailed order, the division bench of justices Abhay Oka and Amjad Sayed held that all places of worship of all sects and religions were bound to follow noise pollution rules and that people could not claim a fundamental right to use loudspeakers or public address systems.

Thus, loudspeakers on masjids, temples, gurudwaras and other religious places can now be put up only after obtaining due permission from the authorities, and even then, the decibel level will have to be maintained as prescribed under the rules.

The court observed, "We are dealing with enforcement of fundamental rights of citizens guaranteed under Article 21 of the Constitution of India. Therefore, we are not dealing with any specific activity of any religion. What we have laid down will apply to all religions."

The bench also directed the municipal commissioner and other authorities to create a grievance redressal mechanism and give adequate publicity through all forms of media, including social media, to help citizens lodge complaints (even anonymous) about violation of noise pollution rules. The municipal commissioner has been told to nominate an officer in each ward to receive complaints.

Further, the state has been told to take action against erring authorities, as not acting on complaints was a violation of fundamental rights of citizens. Each ward office, police station and revenue department office has been told to adequately publicise the contact numbers and how citizens could lodge complaints.

The government has also been told to, within three months, come up with a plan to curb the ever increasing noise pollution due to vehicular movement and the ongoing construction activity. The bench has suggested to the state to carry out noise mapping, so that data about high noise pollution areas could be collected and steps could be taken to rectify the problems in the development control plan and regional town planning.

Regarding erection of temporary pandals during Ganpati and Navratri festivals, the court has asked the civic body and the police to grant permission only after ensuring that erection of such pandals or mandaps did not disturb the smooth flow of traffic and pedestrians.

The government will also have to create awareness among school and college students regarding the adverse effects of noise pollution, not only on human beings but on all living beings. The directions were given while disposing of a bunch of petitions and public interest litigations filed to highlight the problem of noise pollution during festivals.

The court has posted, for further hearing, a contempt notice issued against home secretary K P Bakshi, for the failure of the government to procure decibel meters to record noise levels during the forthcoming festivals. The government will have to make a statement on procurement of these noise meters on October 4.