In landmark judgment, Court emphasizes constitutional values of fraternity and secularism, directs restoration of deleted awareness messages, and calls for strict adherence to green cracker norms and pollution control measures during Diwali celebrations.
In a significant judgment addressing noise and air pollution caused by the unregulated use of music systems and firecrackers during festivals, the Bombay High Court (Division Bench comprising Justices G. S. Kulkarni and Dr. Neela Gokhale) has commended the voluntary involvement of celebrities in spreading public awareness about the environmental hazards of bursting firecrackers. The Court also urged the Maharashtra State authorities to consider and implement the Supreme Court's recent directions issued in the landmark Arjun Gopal case (2026 INSC 1181) concerning timing, sale, and use of green crackers, no-cracker zones, and pollution monitoring.
The Court noted with appreciation the efforts of the Municipal Corporation, Maharashtra Pollution Control Board, and Police authorities in engaging renowned personalities such as Ms. Dia Mirza, Ms. Madhuri Dixit, Mr. Anjinkya Rahane, and others, who voluntarily participated without remuneration to promote awareness about the ill-effects of firecrackers. The judiciary underscored that such campaigns advance the public cause of environmental protection and public health, reflecting a collective responsibility to preserve clean air and reduce noise pollution.
Drawing from the Supreme Court's observations in Arjun Gopal & Ors. vs. Union of India & Ors., the Bombay High Court reiterated that Diwali, a festival celebrated by all irrespective of caste, community, or religion, has unfortunately become a source of severe air and noise pollution due to unregulated bursting of firecrackers. The Court emphasized the vulnerability of children, elderly, and disabled persons to particulate matter pollution, which persists in the atmosphere for days post-festival, causing grave health consequences.
The Court expressed concern over recent incidents where a celebrity's social awareness message was deleted from the Municipal Corporation's social media platform, deeming it "most unfortunate" and contrary to constitutional values of secularism and fraternity. It directed the restoration of such messages to uphold the spirit of inclusiveness and mutual respect, emphasizing that no person should be isolated from festival celebrations.
Further, while upholding its earlier orders aimed at curbing pollution during festivals in Maharashtra, the Court directed State authorities to consider implementing the Supreme Court's detailed directives issued for Delhi-NCR, including:
- Permitting firecracker bursting only between 6:00 AM to 7:00 AM and 8:00 PM to 10:00 PM on specific dates (7th and 8th November 2026).
- Declaring no-cracker zones within 300 meters of hospitals, nursing homes, old age homes, educational institutions, and silence zones.
- Mandating the use of only certified green crackers bearing QR codes to ensure authenticity and prevent illegal sales.
- Constituting patrolling teams to monitor sale and use of firecrackers and enforce compliance.
- Monitoring Air Quality Index (AQI) before, during, and after the festival and taking necessary remedial actions including waste management and water sprinkling in polluted areas.
- Raising public awareness through education departments, official websites, social media, and public transport systems.
The Court also stressed that the celebration of festivals is a constitutional right but must be balanced with the collective duty to protect public health and the environment. It urged citizens to embrace a spirit of fraternity, mutual respect, and collective responsibility while celebrating, ensuring that festivities do not contribute to environmental degradation.
The judgment concluded with appreciation for the proactive measures taken by the Mumbai Police Commissioner, Municipal Commissioner, and Maharashtra Pollution Control Board, expressing hope that the upcoming festival of lights would be celebrated joyously yet responsibly, keeping in mind the health and well-being of all citizens.
Bottom Line:
Environment and public nuisance - Noise and air pollution caused by firecrackers during festivals - High Court appreciated voluntary participation of celebrities in public awareness campaign and held that environmental protection measures must be implemented in a spirit of fraternity and secularism - Authorities in Maharashtra directed to consider and implement Supreme Court directions on timing, sale and use of green crackers, no-cracker zones, AQI monitoring and public awareness, without disturbing earlier orders of High Court.
Statutory provision(s):
- Constitutional principles of secularism and fraternity
- Directions under Environment Protection laws related to noise and air pollution control during festivals
