Not ‘quiet’ a celebration

The popular Kala Ghoda festival is not ‘quiet’ acceptable to the residents of the area.

The rising decibel levels are not just a grievance to those living in and around the area but also a clear contempt of a Bombay High Court order of 2005, according to the residents’ complaint filed with the deputy commissioner of police zone I.

The Kala Ghoda Arts festival, one of the most popular festivals of Mumbai, has gained momentum over last five years.

Residents speak up
“My exams begin from next week and the festival organisers continue to use the speakers. The police have been giving permission despite it being a contempt of court, as our area is a silence zone. The ruling still stands, so why are the organisers and police flouting the order?” asks Berges Malu, a student living in Kala Ghoda.

Previously, too, there were complains of high noise levels but police sources say since there was a police stall in November 2009, no action was taken.

In fact the residents in their complaint to the DCP, have asked the police to refer to the 2005 Bombay High Court order that had declared Kala Ghoda as a ‘silence zone’, which prohibits the use of loudspeakers at any point of time.

Not in order
The use of loudspeakers at Rampart Row would clearly amount to contempt of the Bombay High Court’s order of 2005, said anti-noise pollution activist Sumaira Abdulali of Awaaz Foundation.

Abdulali was directed to measure the distance of the Kala Ghoda Arts Festival activities from various premises that count as silence zones. “Along with state government officials, I measured the distance of the festival’s venue. We submitted a joint report to the court stating that the venue did fall within 100 meters of a silence zone,” Abdulali said.

She said that the organisers of the Kala Ghoda Arts Festival, in 2004, had sought a specific exemption from noise rules but the court had declined from granting the same saying there was no question of relaxing the noise pollution (control & regulation) rules, 2000, in a silence zone.

The court in its order of January 12, 2004 had stated, a copy of which is with DNA, that the police was right in denying permission to the organisers of the festival in 2004. “We cannot fault the decision of the police authortities nor can we substitute our ideas in place of rules… that are holding the field.”

Organisers clueless
The organisers now claim they are not aware of this court order and that they have followed the procedure of taking permission from the police.

The police too seem to be unaware of this order, since they have been freely granting permission for the use of loudspeakers. The police however defend themselves saying, if any resident comes to them with a complaint they will restrain the organisers.

“The residents should bring it to our notice. If the organisers have flouted the rules then we can restrain the use of speakers,” said Vishwas Nangre-Patil, DCP Zone1. He added, “We have granted permission only for use of speakers during performances.”

The organisers of the festival or the police that grants them permission can be hauled up for contempt of court if a contempt petition is filed against them or the court can initiate suo motu contempt proceedings against them.

Abdulali, however, said that filing a contempt petition should be a last resort. “If there is a court order then everyone is bound by it. If the police is approached for permissions then they must ensure that no rules are flouted”, Abdulali said.

Maintaining silence
However, as per the rules, a silence zone falls within 100 meters of a hospital, educational institution, courts, religious shrines or any other place declared silence zone either by the government or the corporation. “If there is a court order that has declared Kala Ghoda as a silence zone, then we need to look into the matter,” said Nangre-Patil.

The organisers of Kala Ghoda Arts Festival are a part of a non profit organisation. However, the claim that at no point of time has any authority stopped them or told them about the court order. The organisers say that they have in fact followed the rules by not exceeding the time for using speakers beyond 10.00pm.

“We have always kept the decibel levels within the permissible limits and have followed rules. We need to look into the details of the court order. We also are open to talking with the residents, because you must understand this is a community festival,” said Manek Davar, honourary secretary of the festival.

Davar told DNA, that the festival organisers have been sensitive to the local people. They do not hold any events during the Sunday evening mass time. “This is not a commercial event and we want to involve local residents too, so we respect their sentiments,” said Davar.