Govt in U-turn, backs ban on DJs in festivals

In a complete about turn, the Maharashtra government on Wednesday admitted that DJ and Dolby sound system have been a major source of noise pollution across the state. With this, the government has retracted from its own stand and has come out in support of the blanket ban on the use of such sound systems during festivals.

Interestingly, the government had last year opposed the orders of the bench headed by Justice Abhay Oka, who had imposed restrictions on the use of sound systems during festivals. The government had then claimed it did not intend to hurt the sentiments of the people and had gone on to accuse Justice Oka of harbouring a ‘bias’ against it. In its renewed stand, the government has now opted not to permit the use of sound systems during festivals, as they create the utmost noise.

Advocate General Ashutosh Kumbhakoni defended the ban saying that once such sound systems are switched on, the noise crosses 100 decibels. He said this is far above the permissible noise level under the Noise Pollution Rules, 2000.

According to the noise rules, the permissible limits in various areas (industrial, commercial, residential etc.) range from 50 to 75 during daytime and 40 to 70 in the night.

“The laws mandate maintaining ambient noise levels at public places, even during festivals. Thus, we cannot allow the use of such high volume sound systems, which are used for amplifying sound levels,” Kumbhakoni submitted.

He further submitted that when the law itself prohibits the use of such sound systems, then the state cannot permit any person to use the systems on roads. He also informed the bench that 75 per cent of noise rule violations across the state, last year, were due to the use of such high volume audio systems.

The Advocate General was opposing a petition filed by the Professional Audio and Lighting Association (PALA) challenging the blanket ban imposed prohibiting the use of DJ and Dolby sound system. The association has also claimed that the police often harass their members even after they adhere to the provisions of the Noise Pollution Rules.

Having heard the submissions, the division bench of Justices Shantanu Kemkar and Sarang Kotwal closed the matter for judgment.