Akhil Bharatiya Grahak Panchayat has taken a significant stride in combating the escalating problems of noise pollution and the perilous use of laser beams during festivals, events, and processions by filing a Public Interest Litigation (PIL) in the Bombay High Court.
The Unyielding Noise Pollution Issue:
For decades, the general public has endured extreme noise pollution, especially during religious festivals, political gatherings, and various processions and events. The Ganesh Festival of 2023 witnessed an alarming surge in hazardous noise levels in several major cities across Maharashtra, including Pune, Mumbai, Nashik, and Sambhajinagar. These unprecedented noise levels have resulted in severe health consequences, with reports of fatalities attributed to sound pollution and individuals sustaining eye damage from dangerous laser beams.
The Respondents and The Challenge:
The PIL challenges the inaction on the part of various respondents, underscoring the sense of impunity enjoyed by violators. The petition lists the State of Maharashtra, the Department of Law and Justice (State of Maharashtra), the Department of Environment and Climate Change (State of Maharashtra), the Maharashtra Pollution Control Board, the Central Pollution Control Board (Union of India), and the Police Department of Maharashtra State as respondents.
A Violation of Religious Precepts:
The petition strongly asserts that no religion sanctions the violation of laws in the name of celebrating religious festivals. The Honorable Supreme Court has already clarified that the use of loudspeakers is not an essential aspect of any religion and, consequently, does not fall under the protection of Article 25 (Freedom of Religion) of the Constitution of India.
Beyond Religious Boundaries:
Moreover, the PIL highlights that the issue extends beyond the confines of a particular religion or festival; it pertains to noise pollution in all its manifestations. Recent Ganesh and Eid Festivals bore witness to the widespread use of sound systems emitting dangerously high levels of noise, adversely affecting individuals across age groups and health conditions. Regrettably, these violations resulted in numerous fatalities in various locations.
The Issue of Extended Hours and Double Burden:
The PIL raises concerns about the extension of sound system usage hours, allowing them to function until midnight during festivals. While district collectors, such as those in Pune, have issued notifications expanding the time limit for sound system use, these notifications are considered unlawful, as they surpass the powers granted to district collectors. Such relaxations cannot be applied on a district-wide basis.
Demand for Stricter Enforcement:
The PIL accentuates the imperative need for stringent enforcement of the Noise Pollution Rules 2000, which are obligatory. Pune, in particular, has reported flagrant violations of these rules, with permitted noise levels being blatantly exceeded.
The Issue of Hazardous Laser Beams:
The PIL also draws attention to the illicit use of dangerous laser beams during processions and events, leading to permanent eye injuries. The absence of regulations governing laser beam usage and the authorities’ failure to enforce such regulations constitute major concerns.
Protecting Citizens’ Rights:
Akhil Bharatiya Grahak Panchayat, under the leadership of its Organizer, Vijay Ganpati Sagar, spearheads this legal battle to ensure the well-being of citizens and safeguard their right to a tranquil and pollution-free environment.
Legal Advocate’s Perspective:
Advocate Satya Muley, representing the petitioner, underscores the significance of implementing existing laws and regulations and holding violators accountable. The petition seeks the rigorous enforcement of Noise Pollution (Control) Rules 2000, the Environment Protection Act 1986, and the imposition of penalties on offenders. It also calls for a comprehensive ban on the sale, lease, import, manufacturing, and use of loudspeakers and sound systems emitting noise beyond the permitted limits.
A Call for Action:
The petition’s objective is to prompt authorities to address the issue of noise pollution comprehensively and safeguard citizens’ rights to a peaceful and secure environment.
