Bombay HC signals ban on Firecrackers on public roads during Festivals in Maharashtra

Mumbai, Sept 23 : The Bombay High Court on Tuesday indicated that it may issue an order banning the bursting of firecrackers on public roads across Maharashtra during festivals, stressing that celebrations should not come at the cost of people's health and safety. 

 

A division bench comprising Justices GS Kulkarni and Neela K Gokhale made the observations while hearing a suo motu case concerning noise and air pollution caused by high-decibel amplifiers, loud music systems and firecrackers on public streets during festivals.

 

“Celebrations are not meant for people to die or suffer health-wise,” the Court observed, stressing that festivities cannot be conducted in violation of prescribed rules or at the cost of inconvenience to other citizens.

 

The Court directed authorities to take preventive action against violations rather than waiting for complaints after the damage has occurred. Police were asked to measure noise levels at the spot using decibel meters and confiscate equipment that exceeds permitted limits.

 

 

 

Data placed before the Court showed that noise levels during festivities had reached 106 decibels. While regulations permit extended loudspeaker hours until midnight on 15 designated festival days, daytime noise limits remain applicable, with a maximum permissible level of 75 decibels in the relevant category.

 

During the hearing, advocates told the Court that some organisers circumvent DJ restrictions by placing speakers on pushcarts or using heavy metal cylinders to create loud sounds.

 

The bench also questioned the effectiveness of the existing enforcement mechanism, under which police impose fines of around ₹5,000. Justice Kulkarni observed that paying a fine after violating the rules cannot become a substitute for preventive enforcement.

 

 

The Court further questioned the absence of a uniform policy across Maharashtra, pointing to measures taken in Nagpur, where DJ sound systems and laser lights have been proactively restricted.

 

Advocate General Milind Sathe submitted that State directions prohibit musical instruments, regardless of their form, from creating noise beyond permissible decibel levels.