Right To Life Has Priority Over Right To Celebrate: Bombay High Court Issues Notice To Organizers Over Noisy Ambedkar Jayanti Celebrations
The Public Interest Litigation before the Bombay High Court revolved around loud noises, slogans and bursting of firecrackers on Ambedkar Jayanti.
While observing that the right to celebrate is a part of cultural expression under Articles 25,19 of the Constitution, and the right to life has a priority over it, the Bombay High Court has issued notice to the organizers over noisy Ambedkar Jayanti celebrations at Nagpur’s Samvidhan Square.
The Public Interest Litigation revolved around loud noises, slogans and bursting of firecrackers which took place on the eve of the celebration of the birth anniversary of Dr Babasaheb Ambedkar, at Samvidhan Square. It was alleged that the provisions of the Noise Pollution (Regulation and Control) Rules, 2000 and the rights of the general public guaranteed under Article 21 of the Constitution were violated.
The Division Bench of Justice Nivedita P. Mehta and Justice Urmila Joshi-Phalke stated, “In the light of the “Thoughts”, which Dr. Babasaheb Ambedkar consistently emphasized, we pose a question for the Organizers that whether these “Principles” and “Thoughts”, as per expectations of Dr. Babasaheb Ambedkar, are circulated while organizing his Birth Anniversary. Loud noises during the night, especially between 10:00 pm to 6:00 am, violate The Noise Pollution Rules and directly disturb sleep and health of individuals including elders and children suffering from various illness. More so, Birds are also impacted; often abandon their nests and become disoriented due to untimely slogans; bursting of firecrackers and any noise by human.”
“We, therefore, issue notices to the Organizers to answer the aforementioned question posed by us who organized the event at Samvidhan Square”, it ordered.
Amicus Curiae Abdul Subhan represented the Petitioner while Deputy Solicitor General Of India K.N. Shukul represented the Respondent.
The Bench, highlighted that the vision of the principal architect and father of the Indian Constitution Dr. Babasaheb Ambedkar is of social democracy which means a way of life where one’s own progress does not come at the cost of another’s dignity.
Noting that every year, the birth anniversary of the principal architect and father of the Indian Constitution, Dr Babasaheb Ambedkar, is celebrated, the Bench stated this day is not just a celebration of life but a tribute to the legacy of the visionary leader and the social reformer.
The Bench thus stated, “Right to Life, under Article 21 of the Constitution of India, constitutes the most fundamental rights and dignity and health while the right to celebrate is the part of cultural expression (Article 25/19 of the Constitution). The Right to Life has a priority. The celebrations, such as festivals and protests, should not infringe the public health or safety or ambient environmental standards.”
Issuing notices to the organizers who organised the event at Samvidhan Square, the Bench further directed, “Notices be served by the Commissioner of Police, Nagpur as the entire records regarding seeking of permission to organize the event is with the Office of Commissioner of Police, Nagpur. The said notices be served through the Senior Police Officer of the concerned Police Station.”
The Bench also called for an explanation from the Commissioner of Police, Nagpur, to explain what steps he had taken to protect the rights of the general public guaranteed under Article 21 of the Constitution of India.
The matter has now been listed on June 9, 2026.
Cause Title: Dr. Bhupendrakumar K. Wasnik & Anr. Vs. The Secretary, Ministry of Environment, Forest and Climate Change (PIL No. 90 of 2025)
Appearance
Petitioner: Amicus Curiae Abdul Subhan, Petitioner in person
Respondent: Deputy Solicitor General Of India K.N. Shukul, Advocate P.N.Hardas, Assistant Government Pleader N.S. Rao, Advocates S.S. Sanyal, S.M. Ukey