Bombay HC bans firecrackers on public roads, laser lights during festivals across Maharashtra

The Bombay High Court has ordered a complete ban on bursting firecrackers on public streets and roads during festivals across Maharashtra and prohibited the use of laser lights and high-intensity beams in processions, while laying down sweeping measures to curb noise and air pollution during celebrations.

A division bench of Justices Girish S Kulkarni and Neela K Gokhale passed the directions while hearing a suo motu public interest litigation over unchecked pollution during festivals, including Ganeshotsav. The court stressed that celebrations could not be allowed at the cost of citizens’ health and fundamental rights, and said enforcement must be preventive rather than limited to imposing fines after violations have taken place.

No crackers on streets

The court imposed a “total ban” on bursting firecrackers on public streets, roads and other such public spaces during festivities and directed authorities to take stringent measures to implement the restriction across Maharashtra. The bench flagged both the cumulative impact of crackers on air quality and the danger of accidents when they are burst on roads used by pedestrians and vehicles.

The restriction is specifically on public streets and roads. The court observed that firecrackers used in private places would still have to comply with applicable restrictions, including permissible decibel levels.

The bench also directed authorities to prohibit laser lights, high-intensity lumen lights and beams during festive processions. It called for tighter controls on high-powered sound systems and other instruments that generate noise beyond legally permissible levels.

The court said densely populated cities such as Mumbai, Thane, Pune and Nashik required a more restrained approach to processions, observing that large numbers of citizens should not be forced to suffer excessive noise and pollution in silence.

Decibel meters mandatory

The High Court introduced a series of measures aimed at shifting enforcement from action after a violation to prevention. Organisers seeking permission for festival events and processions will have to undertake to install decibel-measuring meters at venues and processions in a manner visible to the public.

Sound systems will also have to be fitted with internal sound limiters to prevent noise from crossing permissible levels. Designated authorities have been directed to monitor and record noise readings and take immediate action when limits are breached.

Police and other authorities have been told to seize or confiscate sound systems, instruments or other equipment involved in unauthorised or illegal noise pollution. Permissions granted to organisers must also be publicly displayed along with the names and contact details of persons responsible for ensuring compliance.

The bench said authorities could not treat permissions as a routine formality and then wait for complaints before acting against violations.

Security deposit for organisers

In another significant direction, the court asked authorities to consider substantial security deposits while granting permissions under noise pollution rules. The suggested minimum is Rs 1 lakh for groups or associations and Rs 50,000 for individuals.

The deposit can be forfeited if permissible decibel levels are breached, independently of other statutory action that may be taken against violators.

Authorities have also been directed to examine the cumulative impact of multiple sound permissions granted within the same ward rather than considering each event in isolation. Police and civic officials must sensitise organisers at the starting point of processions about their obligations towards residents and the need to remain within prescribed noise limits.

The court made it clear that violations could invite action under the Noise Pollution Rules, Environment (Protection) Act, Explosives Act, Bharatiya Nyaya Sanhita provisions relating to public nuisance and other applicable laws.

The order is to be circulated to relevant authorities across Maharashtra for implementation during festivities.