Bombay HC Bans Firecrackers on Mumbai Roads During Festivals

The Bombay High Court on Tuesday ordered a complete ban on bursting firecrackers on public roads in Mumbai, holding that festivals can be celebrated without causing noise and air pollution. A bench of Justices Girish Kulkarni and Neela Gokhale passed the direction amid the ongoing Ganesh festival.

The court also said the use of loudspeakers, DJs and laser beams during religious processions was "completely unwarranted". It observed that bursting firecrackers on roads is not only dangerous but also causes toxic pollution, and questioned why such activity should be permitted on public roads in a city like Mumbai, especially at a time when air pollution begins and a haze sets in.

The bench had taken suo motu cognizance of the issue of severe noise and air pollution during processions on Monday. It said it would pass an order banning firecrackers on public roads henceforth and direct authorities to take all steps to control noise decibel levels during processions and act against violators. All venues and processions that have secured police permission will have to display it prominently, and the direction will apply to all festivals.

Appearing for the Maharashtra government, Advocate General Milind Sathe told the court that Mumbai Police had issued an order banning, between September 9 and September 26, the assembly of more than five persons without permission, along with a complete ban on firecrackers and loudspeakers. The court, however, asked whether the order was being enforced, remarking that it was "only good on paper" and that breaches and violations were apparent.

The bench suggested that the government could seek a hefty security deposit when permissions for processions are sought, saying such a deposit could be forfeited in case of violations and would act as a deterrent. It clarified that it was not against any festival or celebration, but that celebrations cannot come at the cost of rule violations, nuisance to citizens, or someone's life and health. Religious sentiments must be balanced with public safety and environmental concerns, it said.

Urging self-restraint, the court noted that Mumbai already faces several issues and that while laws are in place, the problem lies in their strict implementation. It said the prevailing impression among people that there are no restrictions needs to change, and that the state government cannot express helplessness in the matter.