Silence is not just golden, it's constitutional as well.
The Bombay high court (HC) on Friday observed that every citizen has a fundamental right to live in peace and comfort and it cannot be disturbed in the name of festivals. Silence, it said, is a fundamental right.
The HC was hearing a public interest litigation (PIL) by doctor Mahesh Bedekar from Thane on the nuisance created by organisers of various religious and other festivals. The PIL also raised the issue of pandals.
"Those who organise religious and other festivals cannot take away the fundamental right of citizens to silence. Citizens cannot be forced to listen," observed the HC.
A division bench of justices Abhay Oka and Ajey Gadkari followed up the observation with a firm direction to the government to frame a policy and set up redressal mechanisms within two months and submit a compliance report.
Since many such festivals are organised by either influential local politicians or political groups or anti-social elements, people may not complain, the bench noted.
"Therefore a common man is reluctant to make complaints though violation of noise pollution rules through the use of loud speakers and musical instruments create nuisance," noted the HC.
The bench strongly indicted the police when it said they are often reluctant to take action as "influential persons" are involved. What's more, those who show courage to complain are either harassed or ill-treated by the police, the court went a step further.
Hence, the HC asked the government to set up a mechanism under which anonymous complaints can be lodged. It asked the police to register complaints and take immediate action and also to provide protection to whistleblowers.
As such festivals are for a limited period, "such action should be taken before the religious festivals/ functions are over", noted the HC. "Immediate action is mandatory. No purpose would be served by taking action after the festival," it said.
To tackle the menace of illegal pandals on streets and footpaths, the HC directed the government to formulate a policy for granting permission for temporary structures/ booths.
However, it laid down certain constraints within which municipal commissioners or district collectors can permit pandals.
Permission can be granted after consulting police commissioners/ superintendents to ensure that it does not interfere with vehicular or pedestrian movement, the court said.
"Permission cannot be granted on very busy streets or streets with heavy vehicular traffic or near railway stations/ bus stands/ major auto or taxi stands. Permission cannot also be given in the vicinity of major hospitals or educational institutions," said the HC.
The HC has sought a compliance report from the government by June 6 and has kept the PIL for hearing on June 10.
Directions of HC to the government
All authorities shall ensure that loud speakers or public address systems should have necessary permissions
Appropriate redress mechanism to be created by all concerned for receiving complaints and reporting breach of rules. Toll-free numbers shall be created to submit complaints. Complaints can also be taken through SMS and email.
A register should be maintained and Action Taken Report displayed on the Web sites of municipal corporations/ district collectors.
On receiving complaints, immediate steps to suspend the license/permission to use loud speakers or public address system shall be taken.
Notify and publicise names of authorities concerned under the noise pollution rules.
Set up grievance redress mechanism within the limit of each municipal corporation within two months.
Set them up well in advance of of festivals such as Ganeshotsav, Navratri, Dahi Handi etc. Police commissioners/ district magistrates shall call for meetings with the organisers and apprise them of the law and the consequences of breaching them.
Licences shall be refused to those violating rules and laws of the previous year/s
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