Time To Revisit Policies That Allows Celebration Of Festivals On Public Roads: Bombay HC

06 Aug 2025 --
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Context & Judicial Concern

The Bombay High Court recently pointed out the need to reevaluate existing policies that permit festivals to be celebrated on public roads. This observation comes against the backdrop of:

Increasing congestion and traffic problems,

Public inconvenience,

Safety concerns,

Environmental issues like noise and pollution,

Challenges in maintaining law and order during large-scale celebrations.

The court emphasized that while festivals are important for cultural and social reasons, their celebration on public roads should not infringe upon the rights and convenience of the general public.

Judicial Reasoning

1. Balancing Cultural Rights and Public Interest

The court recognizes that festivals are an essential part of cultural expression and religious freedom. However:

Such celebrations should be balanced with the public’s right to free movement and access to public spaces.

Public roads are meant primarily for traffic movement and public utility.

Allowing unregulated celebrations can cause immense disruption, affecting daily life, emergency services, and business activities.

2. Public Safety and Order

The court highlighted concerns such as:

Risk of accidents and stampedes during crowded road celebrations.

Difficulty for emergency vehicles to navigate through congested roads.

Potential for law and order breakdowns due to large unruly crowds.

Thus, public safety demands reconsideration of policies permitting festivals on roads.

3. Environmental and Health Concerns

Large-scale celebrations on roads often cause:

Noise pollution,

Air pollution from traffic jams and firecrackers,

Accumulation of garbage and sanitation problems.

The court underscored the need for environmentally sustainable celebrations.

Relevant Judicial Observations

Bombay High Court’s Recent Directions

The court suggested that authorities should review and possibly modify policies that currently allow free celebration of festivals on public roads.

It recommended that designated spaces or grounds be provided for celebrations to reduce public inconvenience.

Emphasized need for clear guidelines ensuring minimal disruption and maximum safety.

Directed the concerned authorities to study the impact of such celebrations on traffic, public safety, and local residents.

Broader Judicial Thoughts (Without External Law)

Courts have consistently balanced the right to religious freedom and cultural expression with the right to public order and safety.

In multiple instances, the judiciary has intervened to regulate processions and public gatherings to prevent undue hardship to the general public.

The principle that public roads are primarily for public use, and their obstruction should be regulated is well recognized.

Summary Table

Aspect	Explanation
Right to Celebrate Festivals	Important cultural and religious freedom.
Right to Public Access & Safety	Roads are primarily for free movement; safety of citizens paramount.
Policy Review Needed	Existing policies allowing road celebrations must be revisited to balance rights.
Court’s Role	To ensure harmony between celebration and public interest.

Plain Language Explanation

The Bombay High Court said: Celebrating festivals is important, but doing it on busy public roads causes traffic jams, safety issues, and inconvenience to people. It's time to rethink and change the rules so festivals can be celebrated without disturbing the general public’s daily life and safety. The court wants authorities to find better ways — like using parks or open grounds — so everyone’s rights are respected.