The Nagpur bench of the Bombay High Court on Tuesday expressed serious concerns regarding the loud celebrations that took place at Samvidhan Square on April 14, marking the birth anniversary of Dr. Babasaheb Ambedkar. The court questioned whether such events align with the constitutional values that Dr. Ambedkar espoused and issued notices to the organisers and the city police.
Court's Observations on Noise Pollution
A division bench comprising Justices Urmila Joshi-Phalke and Nivedita Mehta, while hearing a batch of Public Interest Litigations (PILs), was informed by amicus curiae Abdul Subhan that the celebrations involved loud slogans, high-decibel sound systems, and firecrackers. These activities violated the Noise Pollution Rules and affected citizens' rights under Article 21 of the Constitution.
The bench directed the Commissioner of Police, Nagpur, to serve notices on the organisers and submit details of the measures taken to safeguard public rights. The matter has been posted for further hearing on June 9.
Constitutional and Philosophical Framework
The court framed the issue in constitutional terms, observing that the right to live with dignity is a fundamental guarantee. It drew extensively from the philosophy of Dr. Ambedkar, noting that social democracy implies 'a way of life where one's own progress does not come at the cost of another's dignity.' Quoting Ambedkar's views, the bench observed that 'freedom must not be converted into licence' and stressed that rights are sustained not only by law but also by 'social and moral conscience.' It added that while celebrating national figures is important, such events must reflect their ideals of equality, justice, and civic responsibility.
Impact on Health and Environment
Highlighting the impact of noise pollution, the bench noted that late-night disturbances between 10 pm and 6 am violate statutory norms and affect the 'sleep and health of individuals,' particularly the elderly, children, and those with illnesses. It also pointed to ecological concerns, stating that birds 'often abandon their nests and become disoriented due to untimely slogans' and firecrackers.
Balancing Rights
Balancing competing rights, the court said that while cultural expression is protected, the 'Right to Life has a priority,' and celebrations 'should not infringe public health or safety or ambient environmental standards.'
Key Takeaways from the HC Order
- Notices issued to organisers; police asked to explain safeguards for public rights.
- Court cites Article 21, stressing the right to life, dignity, and peaceful living.
- Observes celebrations should reflect ideals of equality, reform, and empowerment.
- Flags violations of Noise Pollution Rules due to slogans and firecrackers.
- Notes impact on health of citizens, especially elderly and children.
- Highlights ecological concerns, including disturbance to birds.
- States cultural rights cannot override public health and safety.
- Next hearing scheduled for June 9.
