Mumbai: The Bombay High Court on Tuesday disposed of a Public Interest Litigation (PIL) seeking a total ban on the sale, lease, import, and use of loudspeakers and sound systems emitting noise levels exceeding the permissible limits specified under the Noise Pollution (Regulation and Control) Rules, 2000, during festivals.
The court while disposing of the petition by a social service organisation Akhil Bharatiya Grahak Panchayat noted that the directions cannot be sought to initiate an unfocused and speculative inquiry regarding violations of earlier court orders.
“The petitioner cannot seek a writ of mandamus to initiate an unfocused and speculative inquiry into whether there has been violation of the directions issued by this Court without presenting prima facie evidence of such violation as mentioned in paragraph 102 of the said judgment,” a bench of Chief Justice DK Upadhyaya and Justice Amit Borkar said.
As far as use of laser beams was concerned, the bench said that there is no specific legislation or regulation governing such laser lights. Hence, the bench added, the petitioner was at liberty to submit a detailed representation to the appropriate authority of the State Government, requesting immediate measures to regulate the use of light laser beams in public spaces, public gatherings, and events.
The court added that the petition could bring to the notice of the police authorities the applicability of Section 125 or any other relevant provision of the Bharatiya Nyaya Sanhita, 2023, if the facts justify filing such a complaint. The section reads that whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others.
The PIL had relied on a report published by the College of Engineering, Pune, which analysed noise pollution levels during the 2023 Ganesh Festival and found that the levels in Pune had reached hazardous levels. The prescribed norms for residential areas are 55 decibels during the day and 45 decibels at night. However, during the last Ganesh festival, the average noise pollution level in the residential areas of Pune City from 4:00 a.m. until midnight was approximately 101.3 decibels.
It highlighted that the new trend involving the use of light laser beams, which are dangerous to human eyes, had emerged during the recent Ganesh festival. It alleged that several individuals have permanently lost their eyesight due to exposure to these light laser beams.
The plea alleged that the authorities responsible for enforcing noise pollution norms have failed to implement the same.
