Blaring Defiance: Gujarat HC Sounds Alarm on Noise Pollution, Threatens Contempt Against Lax Police
In a fiery oral order on , the pulled no punches, warning police officers and state authorities of if they fail to enforce long-standing directives curbing noise pollution. The bench of Justice Bhargav D. Karia and Justice L.S. Pirzada —hearing a filed by Amit Manibhai Panchal in a 2022 Public Interest Litigation (PIL No. 101/2022)—decried the persistent racket from DJ trucks and loudspeakers, especially during night hours. Echoing media reports, the court highlighted how violations continue unabated despite state notifications reinforcing a strict no-loudspeaker zone from 10 PM to 6 AM.
Roots of the Racket: A PIL Born from Public Agony
The saga traces back to 101/2022, where petitioner Amit Panchal raised alarms over rampant noise pollution in Gujarat, flouting mandates. A prior order on —by Justices A.S. Supehia and L.S. Pirzada—dissected the crisis, referencing the landmark Noise Pollution (V) In Re case. Despite policies like the Gujarat Pollution Control Board's () 2019 notification mandating sound limiters and circulars in 2024 and 2025, implementation has been "on paper only." Permissions for DJ trucks and loudspeakers are issued indiscriminately, without verifying sound capacities, leaving citizens—especially the vulnerable—exposed to health hazards.
Petitioner's Plea vs. State's Promises: A Clash of Words and Deeds
Amit Panchal, appearing , hammered home the defiance of guidelines, now two decades old. He pointed to unchecked nighttime blaring and absent sound limiters as direct contempt of court orders.
Respondents, represented by Additional Advocate General Manisha Shah for state authorities (Respondents 2 and 3), submitted affidavits showcasing SOPs and notifications dated ; ; and . These outline responsibilities for District Magistrates, Police Commissioners, and Deputy Commissioners under , holding erring police personally liable. (Respondent 3) emphasized mandatory sound limiters in all systems, with confiscation for violations. Yet, the court noted a glaring gap: promises abound, but action lags, with officials "indiscreetly issuing permissions."
Judicial Symphony: Harmonizing Precedents with Harsh Reality
The bench leaned heavily on Noise Pollution (V) In Re with Forum, Prevention of Environmental and Sound Pollution vs. Union of India (2005) 5 SCC 783, quoting SC limits—no more than 10 dB(A) above ambient at public boundaries, or 75 dB(A), whichever lower; no drums or amplifiers at night except emergencies; private systems capped at 5 dB(A) over ambient. It invoked Priya Gupta vs. Additional Secretary (2013) 11 SCC 404, stressing 's binding force: no court or authority can ignore SC law.
The court refused to tweak SOPs but zeroed in on enforcement, lamenting how Gujarat faces the same menace 20 years post-SC guidelines. Home Secretary Nipuna Torwane and Chairman R.B. Barad, appearing virtually, assured strict compliance.
Key Observations: Court's Blunt Quotes Cut Through the Noise
"It is very painful to note that even after 20 years from the issuance of the guidelines and the directions by the Hon’ble , we are facing the issue of Noise Pollution in the State of Gujarat."
"The competent officer/authority is indiscreetly issuing permissions to allow the use of loudspeakers and DJ Trucks without properly verifying their capacity to generate sound beyond the permissible limits."
"This Court cannot remain a mute spectator to the complete defiance of the directions and watch the vulnerable class of citizens suffer."
"We make it clear that if such directions... are not complied with by the Police Officers and other authorities... shall be liable for proceedings under the provisions of the ."
Gavel's Ultimatum: Report Ordered, Next Hearing Looms
The court adjourned the matter to , directing a detailed compliance report on SC directives, 's 2019 notification, and state circulars. Police in-charges face direct responsibility for nighttime violations (10 PM-6 AM), with mandates to confiscate non-compliant systems, including those on DJ trucks. Non-feasance invites contempt charges.
This ruling amplifies pressure on Gujarat's enforcement machinery, potentially reshaping festival seasons and public events. For residents tormented by endless decibels, it's a beacon of hope—if officials finally tune in.