Pune News: Bombay High Court Directs Strict Implementation Of Guidelines And Laws Related To Sound Pollution During Festivals   

Bombay High Court has directed strict implementation of the earlier guidelines issued in context to sound pollution in the entire state of Maharashtra.

The Judgement has referred to the directions issued by the Bombay High Court in 2016 and asked for its implementation in letter and spirit. In the event of wilful disobedience of the directions issued by this Court in paragraph 102 (Annexed to this Press Note), it shall be open for all aggrieved parties to approach the appropriate Court through appropriate legal proceedings as permitted by law.

The general population has been suffering from extreme sound pollution since several decades, mainly during festivals of various religions, political events and other processions and events. During the Ganesh festival of 2023, several metro cities in Maharashtra like Pune, Mumbai, Nashik, Sambhajinagar etc, suffered from record breaking, extremely hazardous levels of sound pollution due to illegal usage of certain type of sound systems and hazardous laser beams.  There are reliable reports about several deaths due to hazardous sound pollution in the state, and several people suffering damage to eyesight from the hazardous laser beams during Ganesh Festival of 2023 in the State of Maharashtra. The Petitioner challenged the inaction of the Respondents in the subject. The violators are enjoying impunity.

Vijay Sagar, Akhil Bharatiya Grahak Panchayat Sanghatak told Pune Pulse that the court’s directives are welcoming. It is important to keep a record of sound being emitted during festivals, processions and events. The Hon’ble HC has just underlined it. Citizens if notice any movement of high sound must report to the Police. Our efforts to enforce the rules have been paid but it is now the administration who needs to make it work strongly in favour of the citizens and keeping noise under control. 

State of Maharashtra, through their Chief Secretary, Department of Law and Justice, State of Maharashtra, Department of Environment and Climate change, State of Maharashtra, Maharashtra Pollution Control Board, Through their Member Secretary, Central Pollution Control Board, Union of India, Police Department – Maharashtra State, through their Director General of Police, were the respondents in the Petition.

 RELIGION DOES NOT PERMIT BREAKING LAWS

No religion has ever permitted violation of law for celebrating religious festivals. Noise pollution Rules are mostly violated when there are political rallies and religious festivals.

The Hon’ble Supreme Court has already held that use of loudspeakers is not an essential part of any religion and therefore, the protection under Article 25 (Freedom of Religion) of the Constitution of India is not available.

The Petition is not only about any particular religion or festival, but about all kinds of noise pollution.

During recently concluded Ganesh Festival and Eid Festival, at several locations in metro cities like Pune, Mumbai in the State of Maharashtra sound systems emitting very high and hazardous levels of dB sound was used with impunity, thereby affecting the common people, senior citizens, children, and persons suffering from illness. The hardships were to such an extent that at several locations many people lost lives.

The common residents of metro cities like Pune and Mumbai now apprehensive of facing similar hardships during upcoming political rallies, festivals of all religions and other events.

“While on one side the Bombay High Court Judgment has directed the people to make complaints about hazardous laser beams to the appropriate authorities like Police, the Judgement calls for strict implementation of guidelines in its letter and spirit. If any willful disobedience is found by the authorities, then the affected parties are advised to approach the appropriate Court including High Court for enforcing the laws related with sound pollution including usage of loud DJ’s. The Judgement also directs strict implementation of guidelines given in the 2016 judgement by the authorities,” said Satya Muley, Advocate representing the case. 

WHAT DOES THE LAW SAY AND WHAT IS THE REALITY

The provisions of the Noise Pollution Rules 2000 are mandatory in nature and therefore, all concerned authorities are bound to implement the said provisions. Even after obtaining permission from the competent authority the entities holding the permission to use sound systems are duty bound to maintain the noise level as prescribed by the Schedule and Sub Rules (4) and (5) of Rule 5 of the Noise Pollution Rules. Currently permitted noise levels are prescribed in the Noise Pollution Rules 2000. The below chart shows the permitted levels of decibels.

Ambient Air Quality Standards in Respect of Noise

Area	Zone	Limits in dB(A)
		Day-time	Night-time
(A)	Industrial area	75	70
(B)	Commercial area	65	55
(C)	Residential area	55	45
(D)	Silence Zone	50	40

REALITY CHECK: As per various reports from technical institutions, the norms were flouted with total impunity in Pune.

Permitted dB – Residential Zone	MaximumLevels	During Ganesh Festival / 2023 / Pune City	Avg During Ganesh Festival /2023 / Pune City
Day time dB	55	100.2	101.3
Nighttime dB	45	89	Around 8 pm: 113.1

DOUBLE WHAMMY FOR THE COMMON PEOPLE: While on one side there is rampant violation of permitted levels of dB limits by sound system players, on the other hand people are made to suffer such hazardous level of noise pollution till mid night with total impunity and on some locations the noise pollution continues way beyond midnight.

The Apex Court has already clarified that such relaxation shall not apply to silence zones.

SILENCE ZONES: That in view of Sub-Rule (5) of Rule 3 of Noise Pollution Rules, Silence zone comprises of an area within the distance of 100 meters around hospitals, educational institutions, and courts.

It is the established position of law in context to Noise Pollution Rules apply to all religions and sects even if they are in silence zones.

The permission to use loudspeaker or public address system in open spaces in silence zone cannot be granted.

Apart from prohibition on grant of license to use loudspeakers or public address systems in silence zone, there is a complete ban on beating a drum, or blowing a horn, either musical instrument playing of any music, using loud amplifiers, our sound-based performances in the silence zones.

The law does not provide for any relaxation to the Silence Zones in context of Noise Pollution.

POLITICAL BOSSES TURN A BLIND EYE

The sound pollution in metro cities like Pune during the recently concluded Ganesh Festival was so extreme that people have started wondering if there is any rule of law and whether any authority is enforcing it. People were suffering from the extremely high decibels of noise and hazardous laser beams mercilessly. Thousands of people called the State Police HelpLine 102, but it appeared that no action was being taken by the authorities.

The Police and other department may have created a machinery which may be equipped to deal with the issue of violations, but perhaps these departments are not supported implementation and actions aspect by the political bosses and that is the reason why the Noise Pollution Rules are been breached with complete impunity.

The Politicians were seen visiting various locations which themselves were in violation of sound pollution related laws.

NEW TREND OF USING HAZARDOUS LASER BEAMS.

The Petition also challenges the illegal use of laser beams. On several locations / processions during recently concluded Ganesh festival, a new trend of using dangerous light laser beams as a subject of attraction along with sound systems emitting illegal levels of dB noise. The lights used for such laser beams are dangerous for the naked eyes of humans, and there are reports of several people having their eyesight permanently damaged due to the exposure to such light beams. The Bombay High Court directed that affected parties must make complaints to appropriate authorities such as Police in this regard.

Apparently, there are no rules or guidelines for usage of such hazardous laser beams, and the authorities are turning a blind eye to this problem.