Bombay HC to Mumbai Police: Firecracker Ban Lapses Will Draw Accountability
The Bombay High Court on Wednesday directed the Commissioner of Police and the Brihanmumbai Municipal Corporation (BMC) to brief every officer on the year-round ban on firecrackers, after violations were reported during Durga visarjan processions in the city.
A Division Bench of Justices Girish Kulkarni and Dr. Neela Gokhale directed the authorities to ensure that every police officer is informed of an order issued on October 15, which imposed a ban on the use of firecrackers throughout the year.
The Bench observed that the government machinery appeared to be moving slowly and that compliance with its directions had not taken place. It noted that the BMC and the Maharashtra Pollution Control Board are yet to issue public notices on the ban.
Such notices, the court said, must be published in newspapers and carried by the media and on the internet, so that citizens are clearly informed that bursting firecrackers on streets, lanes and footpaths is prohibited. The purpose of the notices, the Bench said, is to inform people about the toxicity of firecrackers and to urge restraint in order to prevent noise and air pollution.
The court also recorded that the police machinery had failed to control violations. Station house officers in Mumbai, it noted, were not aware of the order, and there was a lack of enforcement of permissible decibel limits for music systems.
Warning the authorities against inaction, the Bench said dereliction of duty by the police affects rights guaranteed under Article 14, which guarantees equality before the law, and Article 21, which protects the right to life and personal liberty, of the Constitution. The court said it would view such failures with seriousness and seek accountability from those who fail to act.
The matter has been listed for further hearing on October 26.
The directions come amid continuing concern over air quality in Mumbai, which typically worsens during the winter months, and over noise pollution from firecrackers and loudspeakers. Courts have been approached repeatedly on both issues, and the October 15 order followed that scrutiny. The bench's remarks on Wednesday indicate that the court is now focusing on the gap between the order on paper and its enforcement on the ground.
In effect, the court has placed the responsibility for public awareness on two bodies — the municipal corporation, through printed and online notices, and the city police, through internal briefings down to the level of station officers who supervise enforcement in each locality. Neither, the Bench found, has yet acted.
The order also brings the enforcement of noise limits under judicial watch. While the ban on firecrackers applies through the year, the court specifically flagged the failure to check decibel levels for music systems, an issue that arises most often during festivals, processions and public events.
Urban planners and public health experts have long argued that a ban is only as effective as the policing that backs it, and that public notices help citizens understand the health reasons behind restrictions on crackers and loudspeakers. The court's insistence on wide publicity appears aimed at that gap between rule and public awareness.
The next hearing on October 26 will test whether the police and the civic body have complied with Wednesday's directions. The Bench has made clear that if they have not, it will seek answers from the officers responsible.
