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The Bench opined, “Dandiya and Garba performances being intrinsic part of a religious celebration can still be performed in purely traditional and religious way, which do not contemplate use of modern gadgets like, music system, loudspeakers, DJ sound and the like.”
A Nagpur Division Bench of the Bombay High Court comprising Justice S. B. Shukre and Justice G.A. Sanap has directed Ramdaspeth Plot Owners and Residents Association to conduct Garba and Dandiya in a silent zone without using any loud musical instruments, drums, tom-tom, sound system or D.J. system.
The case pertains to a writ petition filed praying for the prohibition of the Navratri Festival in a playground that forms a common area of a primary school and a hospital. The said area falls within the silence zone; and therefore, prohibitions and restrictions were applicable to such silence zone as per Noise Pollution Rules, 2000. The court referred the MoU of 2019 between the petitioner and the organizer which stated that only for the year 2019 is the event allowed to be organized as a gesture of social support and mutual trust.
The court noted that:
“The worship to goddess of Shakti is effective only when it is done with one pointed attention, without any hesitation, without any disturbance of mind coming from the atmosphere around us and without causing any disturbance to others.”
The Court noted that all the restrictions and prohibitions as mentioned under Rule 3(5) and Rule 6 of the Noise Pollution Rules would be applicable in the present case since the place is a silent zone. The court in its order stated that:
“A true devotee would like to express his devotion and offer his worship to the deity without receiving any disturbance of any kind from the outside world and he himself would not cause any disturbance to others in his worship and expression of devotion to the deity or otherwise there would be a fear of deviating from his object of worship and devotion.”
The court while prohibiting the use of music, sound system, and loudspeakers noted that:
“Dandiya and Garba performances being intrinsic part of a religious celebration can still be performed in purely traditional and religious way, which do not contemplate use of modern gadgets like, music system, loudspeakers, DJ sound and the like.”
Case Title: Mr. Pawan Shamsundar Sarda and Ors. versus The State of Maharashtra and Others
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