On Wednesday (18th September 2024), the Bombay High Court observed that if the use of loudspeakers and sound systems beyond permissible sound limits was harmful during the Ganesh festival then it was also harmful during the Eid-e-Milad-un-Nabi processions.
A two-judge division bench of Chief Justice D K Upadhyaya and Justice Amit Borkar made these remarks while hearing a bunch of public interest litigations (PILs).
In the PILs, the petitioners had sought a ban on the use of “DJs”, “dance” and “laser lights” during the Eid-e-Milad-un-Nabi processions. They urged the bench to issue directions to the civic bodies and police so that they stop granting permission to use such high-decibel sound systems.
The petitioners emphasised that neither the Quran nor the Hadith (holy books) prescribe the use of DJ systems and laser lights for the celebration.
During the proceedings, the bench cited its earlier order passed last month ahead of the Ganesh festival. In its earlier order, the bench emphasised the ban on the use of sound systems and loudspeakers that emit noise levels beyond the permissible limits during festivals. Notably, these permissible limits are specified under the Noise Pollution (Regulation and Control) Rules, 2000.
Appearing for the petitioners, advocate Owais Pechkar requested the court to add Eid as well in its earlier order.
The bench retorted saying that it was not at all required because the order mentioned “public festivals”.
Disposing of the petitions, the court asserted, “If it is harmful for Ganesh Chaturthi, it is harmful for Eid also.”
Meanwhile, regarding the use of laser lights and its purported harm, the two-judge bench asked the petitioners to submit scientific evidence to back their assertion. They sought research work to establish that such lights have harmful effects on humans.
Slamming the pleas for lack of proper research, the bench remarked that before filing such petitions, the petitioners should do proper research. The bench said, “Why didn’t you do your research? How do we adjudicate such an issue unless it is proved scientifically that it causes harm to humans?”
The bench emphasised that the petitions should be helping the courts to give effective directions on their pleas, as they don’t have subject matter expertise on all issues. The bench added, “That’s the problem. Before filing a PIL, you must do basic research. You should assist the court in giving effective direction. We are not experts. We do not know the ‘L’ of laser.”
Incidentally, a similar plea was also heard in the Supreme Court yesterday (on 17th September).
Supreme Court junks the plea
On Tuesday, the apex court refused to entertain a petition that sought directions to regulate the use of light laser beams and loudspeakers in public spaces, gatherings, and events during festivals. The bench comprised CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra.
The petitioners had approached the top court to challenge an order of the Bombay High Court dated 20th April. The Bombay HC had disposed of the PIL against the use of laser beams and sound systems beyond permissible limits during religious processions and other ceremonies.
Strikingly, the courts have ruled that there is no need to pass substantive directions as it underscored the need for aggrieved persons to file complaints before the authorities. Instead of issuing a blanket ban on sound systems and loudspeakers, the courts maintained that complaints should be filed before the concerned authorities who would then take action as per the established rules on permissible sound limits.
