Bombay High Court Pushes for Strict Festival Noise Curbs, Signals Ban on Firecrackers on Public Roads Across Maharashtra
The Bombay High Court has indicated that bursting polluting firecrackers on public roads during festivals could be prohibited across Maharashtra, while directing authorities to strictly enforce legally prescribed noise limits during religious processions and celebrations. The observations came amid concerns over the impact of unchecked noise and air pollution on residents, particularly vulnerable citizens.
A Division Bench of Justices Girish S. Kulkarni and Neela K. Gokhale made the observations on September 22 while hearing a suo motu public interest litigation concerning noise pollution caused by loudspeakers, amplifiers and firecrackers during festivals, including Ganeshotsav.
The Bench indicated that its directions would include a prohibition on burning highly polluting firecrackers on public roads and streets during festivities. The Court also expressed concern over the use of “noise-making metal cylinders” during processions and sought measures to prevent associated noise and air pollution.
The Court’s intervention followed arguments that existing restrictions were not being effectively implemented. The Bench stressed that authorities should act proactively rather than waiting for individual complaints after excessive noise had already affected residents.
Justice Kulkarni observed that celebrations cannot come at the cost of people’s health, saying that festivities are “not meant for someone to die or suffer health-wise.” The Court’s stated concern was particularly directed at citizens who are continuously exposed to high-decibel noise during processions and festival events.
The Bench directed authorities to measure noise levels at Ganpati pandals and during processions using decibel meters. Officials were also told to maintain recordings and visual meter readings of on-site noise levels so that violations could be documented and enforcement action taken.
The Court further indicated that sound systems found violating prescribed limits could face confiscation. Festival organisers and mandals may also be required to prominently display the permissions obtained for their loudspeakers and sound systems, with consequences for non-compliance.
During the hearing, the Court also considered requiring festival mandals to deposit a substantial amount that could be forfeited if noise-control rules were violated. The proposal was aimed at making compliance enforceable rather than leaving violations to post-event penalties.
The State’s Advocate General, Milind Sathe, informed the Court that while firecrackers themselves had not been generally banned, permission was not granted for their use in the manner under discussion. He also explained that processions operate under certain exceptions but sound systems require police permission and must comply with noise-pollution rules.
The legal framework already restricts the use of loudspeakers and other sound-producing instruments during specified hours. The State told the Court that the applicable notification covers instruments producing noise and that permissions remain subject to the prescribed decibel standards.
The Court’s concern was not confined to noise. It also questioned the continued use of polluting firecrackers on public streets when festival processions already involve significant sound levels. The Bench described such firecrackers as contributing to air pollution as well as creating potential health and accident hazards.
The Court referred to measures already taken in cities such as Nagpur and Solapur and questioned why comparable enforcement could not be implemented more uniformly across Maharashtra. The discussion therefore extended beyond individual festival events to the need for a consistent statewide approach to festival-related noise and pollution.
The case also highlights the distinction between permission to conduct a religious procession and permission to use amplified sound or other noise-producing devices during that procession. The Court’s observations indicate that one permission does not automatically override the statutory restrictions governing noise levels.
The Bombay High Court’s proposed measures come against the background of earlier judicial directions concerning firecracker use. In a January 2026 order concerning air pollution, the Court had directed municipal and police authorities to ensure that firecrackers were burst only between 7 p.m. and 10 p.m., while referring to directions issued by the Supreme Court and the National Green Tribunal.
The latest proceedings could therefore result in a more specific restriction on the location of firecracker use during festivals, particularly on public roads, in addition to existing time and noise restrictions. The Court’s final reasoned order will determine the precise scope and implementation of the directions.
The proceedings underline a recurring legal tension between public celebration and the statutory rights of residents to protection from excessive noise and pollution. For the Bombay High Court, the immediate issue is not whether festivals can be celebrated, but whether those celebrations can be conducted while complying with existing environmental and noise-control requirements and without imposing serious health and safety consequences on other citizens.
