The Bombay high court’s recent comprehensive order on noise pollution, issued after hearing ten PILs on different aspects of noise pollution, potentially changes the way festivals are celebrated in Maharashtra. In spite of specific court orders, the state government has not given publicity to toll-free, anonymous complaint mechanisms through WhatsApp, sms and email. Citizens need to intensify complaints on well-known numbers like police control room number 100 and Awaaz Foundation’s page #GetWellSoonMumbai as our inputs will provide data for a compliance report with the HC in October. This Ganpati festival began with a hasty change when a district collector’s notification issued to relax loudspeaker use upto midnight for four days was re-issued by the state government for the whole state of Maharashtra. We now have clarity on the days when loudspeakers are permitted upto midnight. However, in the absence of awareness programmes by the state government, citizens wishing to make complaints are unaware that the time relaxation upto midnight is not applicable in silence zones. In a silence zone, there can be no relaxation of time limit or decibel limit. A silence zone is any area 100 meters around certain institutions. So, no procession may use any sound amplifying equipment including loudspeakers, dru-ms or any type of music within 100 meters of any hospital, educational institution, religious place or court, irrespective of a notification to relax the deadline. In fact, in a silence zone, no sound making instrument can be used at any time of day or night, so any procession which pasess through must be silent. For the first time, the court has expressly granted the right to citizens to seek compensation from the government under Article 21 of the Constitution if noise rules are violated. It has also made it clear that in case of complaints, loudspeaker licences can be suspended and future licences denied. The court has stressed that these orders will apply to all religions equally. It is now up to citizens to ensure compliance. The HC requires that every mandal displays permissions and complaint mechanisms prominently. If they do not, the order is violated. Please make use of these mechanisms along with noise readings using free phone apps to measure noise whenever possible. The court has also directed the government to take action against noise from traffic movement and construction and to file an action plan in court. Shrill, multi tone and high decibel horns are banned and honking in silence zones is completely prohibited. They have directed the government to consider increase in overall noise levels of Mumbai before granting permissions for any helipads. The HC has acknowledged the need to control noise during city planning and for a noise map of cities in Maharashtra, directed the government to include noise control in the draft development plan of Mumbai and to take action against departments and officers who do not implement the noise abatement measures and noise rules. (The writer is the convenor of Awaaz Foundation)
