Recently the Bombay Hight Court observed noise pollution, particularly in religious events involving loudspeakers and sound systems. A two-judge bench, comprising Hon’ble the Chief Justice D.K. Upadhyaya and Chief Justice Amit Borkar, was hearing several public interest litigations (PILs) to prohibit the high-decibel sound system like DJs and laser lights during the Eid-e-Milad-un-Nabi procession.

Owais Pechkar, an advocate, represented the petitioner businessmen, Zuber Peerzade, Siddiqui Alam, Amran Shaikh, and Gousemoddin Shaikh. The petitioners insisted that loud, vibrant ‘Jashn’ was not permissible in Sharia, as the Quran and Hadith do not allow DJ systems or laser lights during Eid. They sought the court’s permission to use the noise limits that were used during the Ganesh festival and apply the same for Eid too.

The bench, however, clarified that their earlier order on August 20, 2024, on noise limits during festivals already encompassed all public celebrations, not just specific ones. They referenced the Noise Pollution (Regulation and Control) Rules, 2000, which set permissible noise levels, stating that excessive noise is harmful regardless of the festival.

“If it is harmful during Ganesh Chaturthi, it is harmful during Eid also,”

Judges said while dismissing the petitions.

Court also addressed concerns regarding the utilization of laser lights. It demanded scientific proof on the assertion that these lights are hazardous to human health. Both Justice Upadhyaya and Justice Borkar noted the absence of a great deal of material on the matter, asking, “How do we adjudicate such an issue unless it is proved scientifically that it causes harm to humans?” The court shows that it will not take just the word of the petitioner but demand substantial evidence to back a PIL.

The Supreme Court had a similar petition a day before, on September 17, 2024. In that very session, a bench that included Chief Justice DY Chandrachud refused to curb the utilization of laser lights and loudspeakers in the festival as well as backed the BHC’s decision to dismiss a PIL related to these aspects.

According to both courts, citizens are also responsible to report any noise pollution that they think are being violated. The court ruled that each complaint should be looked at separately so that the authority can evaluate the matter within the parameters of a permissible noise level, as opposed to outright prohibiting sound systems or laser lights during festivities.

Overall, the BHC ruling confirms that India’s noise pollution standard is a law that is impartial to religion and provides appropriate enforcement guidance for balanced responses to public events that are respectful of both religious sentiment and public health.