Mumbai: The Bombay High Court has taken a strict stance on the use of loudspeakers, musical instruments and amplifiers at high volume until midnight during festivals and processions. Taking suo motu cognisance of the rising noise and air pollution in Mumbai, the court has sought a response from the Maharashtra government.

The court questioned why loudspeakers and amplifiers are being used at high volume until midnight during processions when, under the rules and regulations, their use is not permitted after 10 p.m. The court also observed that, given the serious pollution situation in Mumbai, this could be the right time to consider imposing restrictions on firecrackers.

A division bench comprising Justice G.S. Kulkarni and Justice Neela Gokhale, in its order dated September 21, said there was no objection to celebrating festivals or holding processions, but such events must be conducted in a manner that does not affect the rights of ordinary citizens. The court observed that loud noise particularly affects sick people, senior citizens and students. It said that celebrations are important, but not at the cost of violating the legal rights of thousands of citizens.

The court also questioned the justification for allowing loudspeakers and loud music to continue until midnight. The bench said that when the use of such equipment is permitted only until 10 p.m., there appeared to be no reasonable justification for allowing loud music during processions until midnight. The court also expressed concern over the failure to effectively implement noise-control regulations on the ground. Taking suo motu cognisance of the issue, the court has initiated a public interest litigation.

In view of Mumbai’s air pollution situation, the High Court also made strong observations regarding firecrackers. The court said this could be the right time to consider imposing restrictions on firecrackers that contribute to noise and air pollution. According to the court, smoke and noise generated by firecrackers affect the environment. It said serious consideration of the issue was necessary to maintain a healthy environment.

The High Court directed the state government to file an affidavit addressing the issues raised in the order. The next hearing in the matter will be held on September 22. Advocate General Milind Sathe and Additional Government Pleader P.N. Diwan appeared on behalf of the state government.

Meanwhile, another bench of the High Court has also sought a response from the Maharashtra government on a public interest litigation filed by Pune residents. The petition seeks implementation, within a stipulated timeframe, of the court’s 2016 judgment concerning noise pollution. The petitioners have also sought the appointment of an independent third-party agency to monitor violations of noise-control regulations.

The court has appointed Senior Advocate S.P. Chinoy and Advocate Anand Pai as amicus curiae in the matter. The case will be heard on October 5.