Bombay High Court raps Maharashtra government for not implementing noise pollution rules during festivals

The Bombay High Court on Wednesday rapped the Maharashtra government for not following its earlier order on implementing noise pollution rules and removing illegal pandals on roads and footpaths during festivals.

The HC said it will pass an order on this next week, and called for details of music equipment used by DJs which cause noise pollution during festivals.

In March, the HC had observed that every citizen has a fundamental right to silence and to live in peace and comfort, which cannot be disturbed by organisers of religious and other festivals.

The HC had then asked the government to frame a policy to tackle noise pollution and set up a mechanism by which common citizens could lodge complaints. The authorities should take prompt action before the festivals get over, the HC had directed.

But the court was informed on Wednesday that no such policy has been formed. Further, the government failed to take action against organisers of festive celebrations for violations of noise pollution rules and for erecting illegal pandals.

Criticising the government for its lackadaisical attitude, a division bench of justices Abhay Oka and Revati Mohite-Dere said that they were not against festival celebrations, but were against nuisance caused to citizens.

"We are not against festival celebration, but it should not become a nuisance. If it (festivals) is held without hurting others only then will they have meaning," remarked the judges.

SM Gorwadkar, counsel for petitioner Mahesh Bedekar, informed the court that the government and the municipal corporations have failed to submit a compliance report.

The HC, in March, had even directed authorities concerned to withdraw the licenses of those Gandesh Mandals which violate the rules. That has not been done.

Irked by the state's attitude, Justice Oka said, "The government neglects our (HC's) orders. Despite orders, the government has till date not drafted any rules for noise pollution."

The HC was hearing a public interest litigation filed by doctor Mahesh Bedekar from neighbouring Thane district, raising concerns over the nuisance created by various organisers of religious and other festivals in terms of noise pollution and erection of pandals in streets and footpaths.

The HC has kept PIL for hearing on June 24.

The HC's March order

"Those who organise religious and other festivals cannot take away the fundamental right of citizens to silence. Citizens cannot be forced to listen," HC had observed, while giving the state government a two-month deadline to formulate a policy to tackle noise pollution in festivals, and to submit a compliance report.

The court had expressed disappointment over the police being reluctant to take any action as "influential persons" are involved in the organisation of such events. In fact, those who show courage to lodge a complaint are harassed or ill-treated by the police, the HC had observed.

The HC had asked the government to set up a mechanism under which anonymous complaints can be lodged. The HC had not only asked the police to lodge the complaint and take immediate action but also asked them to provide police protection to such whistleblowers.