If Use Of Loudspeakers Harmful For Ganesh Festival, Same For Eid Too: Bombay High Court

The Bombay High Court said on Wednesday that if the use of loudspeakers and sound systems beyond permissible noise levels was harmful during the Ganesh festival then it also has the same effect during the Eid-e-Milad-un-Nabi processions.

A division bench of Chief Justice D K Upadhyaya and Justice Amit Borkar made the remark while hearing a bunch of public interest litigations (PILs) seeking a ban on the use of "DJs", "dance" and "laser lights" during the Eid-e-Milad-un-Nabi processions.

The petitions urged HC to direct the civic bodies and police to refrain from granting permission for the use of such high-decibel sound systems.

The PILs claimed that neither the Quran nor the Hadith (holy books) prescribes the use of DJ systems and laser lights for the celebration.

The bench referred to an order passed by it last month just before the Ganesh festival wherein it emphasised the ban on the use of sound systems and loudspeakers emitting noise levels beyond the permissible limits specified under the Noise Pollution (Regulation and Control) Rules, 2000, during festivals.

The petitioners' advocate Owais Pechkar sought the court to add Eid too in its earlier order to which the bench said that was not required as the order said "public festivals".

"If it is harmful for Ganesh Chaturthi, it is harmful for Eid also," the court said disposing of the petitions.

On the use of laser lights, the bench asked the petitioners to show scientific evidence regarding the harmful effects of such lights on humans. The bench said before such petitions are filed, proper research should be done.

"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 said.

It added that the petitioners must help courts give effective directions.

"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," the bench added.

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