Mumbai: The Bombay High Court, in a suo motu public interest litigation, has directed a total ban on bursting firecrackers on public streets and roads during festivities, and issued a fresh set of directions to strengthen enforcement of the Noise Pollution (Regulation and Control) Rules, 2000, after finding that existing regulations were being observed largely in breach across Mumbai, Thane, Pune and Nashik.
A Division Bench of Justice G. S. Kulkarni and Justice Dr. Neela Gokhale initiated the suo motu proceedings, being alarmed by noise and environmental pollution caused by the unregulated use of music systems with amplifiers, accompanied by unregulated bursting of firecrackers on public streets during festivals. The Court noted that regulation of such noise pollution is governed by the Noise Pollution (Regulation and Control) Rules, 2000, framed under the Environment (Protection) Act, 1986, and examined in detail the scheme of the Rules, including restrictions on loudspeakers and public address systems, the prescribed ambient noise standards for different area zones, and the complaint and enforcement mechanism under Rules 6 to 8.
Tracing the law on the subject, the Court referred to the Supreme Court's decision in Noise Pollution (V), In Re, which examined noise pollution as a health hazard and a violation of the right to life under Article 21, and to a Division Bench decision of the Bombay High Court in Dr. Mahesh Vijay Bedekar v. State of Maharashtra, which had earlier held the Noise Pollution Rules to be mandatory in nature and issued detailed directions for their implementation.
The Advocate General placed before the Court a prohibitory order issued by the Deputy Commissioner of Police (Operations), Mumbai, restricting assemblies, processions, and the use of loudspeakers and firecrackers during the festival period, as well as an order of the Commissioner of Police, Nagpur, directing that high-decibel sound systems and modified vehicles be kept sealed during the festive season. Senior counsel appearing for intervenors from Thane and Pune, along with the amici curiae, submitted that despite these measures, decibel levels were being brazenly breached at various locations, with sound levels recorded above 90 dB(A) against a permissible limit of 75 dB(A), and that instruments such as high-intensity cylinders used in processions posed a serious hazard to hearing.
The Court observed that the provisions of the Noise Pollution Rules could not be allowed to remain paper provisions, and that despite a wealth of judicial pronouncements, the enforcement machinery had shown total laxity in implementing them. It held that noise pollution caused serious health hazards to senior citizens, the sick, students, and children, and that bursting of firecrackers on public streets posed additional risks of air pollution and accidents, describing this as an unregulated area requiring stringent measures.
Accordingly, the Court directed a total ban on bursting firecrackers on public streets and roads during festivities, prohibited the use of laser lights and high-intensity beams during festivities and processions, and directed the police and other authorities to measure decibel levels, seize offending sound equipment on breach, and ensure that permission holders install and display decibel measurement meters and furnish undertakings regarding sound limiters. The Court also directed that substantial deposits be considered as a condition for grant of permissions, forfeitable in case of breach, and that violations be prosecuted under the Noise Pollution Rules, the Environment (Protection) Act, 1986, the Bharatiya Nyaya Sanhita, 2023 and the Explosives Act, 1884, besides other applicable statutes.
The proceedings have been adjourned to 15 October 2026 for further hearing, with the order directed to be circulated to all concerned authorities in the State of Maharashtra for compliance during the festivities.
Case Title: In Re: Noise and Environmental Pollution; Public Nuisance caused by unregulated use of Music Systems with Amplifiers and Firecrackers on Public Streets During Festivals, Suo Motu Public Interest Litigation No. 01 of 2026
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