Full Breakdown
Bombay High Court Rebukes Mumbai Authorities Over Festival-Season Pollution
By Drooid · · How we work
Court’s Directives and Findings
In a suo motu public-interest litigation, a two-judge bench of the Bombay High Court (Justices Girish S Kulkarni and Neela K Gokhale) declared it “shocking” that Mumbai’s air-quality index (AQI) rose to unhealthy levels of 150-200, surpassing Delhi’s readings. The court criticised the Brihanmumbai Municipal Corporation (BMC), the Maharashtra Pollution Control Board (MPCB) and the Mumbai Police for ignoring earlier orders and for “routine violations” of bans on firecrackers and loud-speaker use during the festive period.
Key directives include:
- A complete ban on bursting firecrackers on public roads, streets, footpaths and within “silence zones” around hospitals, courts, schools and government offices.
- The Mumbai Police Commissioner must convene a meeting of all police-station in-charges and formulate a Standard Operating Procedure (SOP) for enforcement.
- The BMC Commissioner and the Police Commissioner must file an affidavit confirming strict compliance by October 26.
- The BMC and MPCB must publish public-awareness notices on social media by October 24 and submit compliance affidavits at the same hearing.
The bench warned that any dereliction affecting citizens’ rights under Articles 14 and 21 could lead to penalties and prosecution.
Background & Context
Mumbai’s sea breeze usually helps disperse pollutants, but Diwali celebrations triggered a sharp rise in air and noise pollution. Earlier court orders on September 22 required processions to display official police permission, and directives on October 15 reinforced strict enforcement of noise and firecracker bans.
Data & Statistics
- Air quality: AQI 150-200 over the past week (unhealthy).
- Visibility: Dropped below 500 m on Tuesday.
- Noise levels: The Awaaz Foundation recorded peaks of 110.8 dB(A) in Mahim, far above the 55 dB(A) limit for residential areas. Other hotspots included Dadar West, Prabhadevi and Cuffe Parade.
Official Statements & Responses
Police officers could be held accountable for “dereliction of duty” that infringes constitutional rights. The BMC and MPCB were instructed to launch awareness campaigns through news outlets and social-media platforms, involving celebrities to highlight health impacts.
Criticism & Opposition
Sumaira Abdulali, founder of the Awaaz Foundation, wrote to the Maharashtra Chief Minister demanding “strict penal action against violators” and urging enforcement of the High Court’s orders. She noted that many noisy processions proceeded “in presence of police,” suggesting lax enforcement.
On-the-Ground Reports
The Awaaz Foundation documented laser lights from processions aimed directly into homes and traffic, compounding disturbance from firecrackers and horn-type loudspeakers. Residents reported that “morning walks are impossible” and that the smog “is very bad,” echoing the judges’ observations.
Conflicting Reports & Gaps
The court pointed out that officials sometimes cite AQI readings from the city’s cleanest locales to claim improvement, while neglecting data from traffic-congested and slum areas where pollution remains severe.
Verbatim Quotes
- “We don’t understand how those who are supposed to implement this can even have a peaceful sleep, because this is an emergency on their part. For their respective departments, this is an emergency situation with lakhs of people facing it.” — Justice Kulkarni
What’s Next
- October 24 – BMC and MPCB must post public-awareness notices and submit compliance affidavits.
- October 26 – The BMC Commissioner and Mumbai Police Commissioner are scheduled to file affidavits detailing enforcement.
- November 19 – The bench will hear further petitions concerning alleged illegal detentions during protests, a separate matter from the pollution case.