HC seeks mechanism to file complaints against noise pollution

The Bombay High Court today said every citizen has the fundamental right to silence and to live in peace and comfort and organisers of religious festivals cannot violate it.
The division bench of Justices A S Oka and A S Gadkari directed Maharashtra government to frame a policy and set up redressal mechanism whereby a common man can lodge a complaint about noise levels and prompt action can be taken by the authorities before the festival gets over.
"Those who organise religious and other festivals cannot take away the fundamental right of citizens to silence. Citizens cannot be forced to listen," the court said, directing the government to formulate a policy within two months and submit a compliance report.

The High Court was hearing a PIL by Mahesh Bedekar about the nuisance created by organisers of festivals through the noise pollution and erection of pandals on streets and on footpaths.
The court noted that often these festivals are organised by local politicians. "Therefore, the common man is reluctant to make complaint despite violation of noise pollution rules and use of loud speakers.... The experience is that citizens tolerate such nuisance," the court said.
The HC also expressed disappointment at the apathy of the police. Those who show courage to lodge complaint are harassed or ill-treated by the police, it noted.

It asked the government to facilitate filing of anonymous complaints too.
"As such festivals are for limited period, action should be taken promptly. Immediate action is mandatory. No purpose would be served by taking action after the festival is over," the court said.
It sought compliance report by June 6, keeping the PIL for hearing on June 10.