In the vibrant coastal state of Goa, the hosting of large-scale Electronic Dance Music (EDM) festivals, such as the Sunburn festival, has long been a subject of intense debate. While these events are heralded by some as significant contributors to tourism and economic development, their environmental and social impacts remain contentious. The rule of law, a cornerstone of democratic governance, must be meticulously observed when granting permissions for such events, especially in light of their potential to cause environmental degradation, disrupt local communities, and strain public resources. The disproportional application of the law in certain constituencies, driven by political clout, highlights the challenges faced in ensuring fair and equitable governance in Goa. Moreover, the potential loopholes that organisers may exploit to hold these events on designated dates further necessitate public awareness and vigilance.
Environmental and social concerns:
The environmental consequences of large-scale EDM festivals are manifold. These events, typically hosted in scenic and ecologically sensitive areas, often involve significant noise pollution, waste generation, and strain on local resources. The Noise Pollution (Regulation and Control) Rules, 2000, have been established to ensure that permissible decibel levels are not exceeded, yet exceptions are frequently granted under discretionary powers. Such relaxations risk compromising the peace of local communities and the integrity of natural habitats.
Furthermore, the influx of tourists for these festivals exerts immense pressure on public infrastructure, including roads, water supplies, and waste management systems. Instances of littering, unauthorised parking, and disturbances to residents have been documented during past editions of such events (Forum for Sound Pollution Control v. Union of India, 2005). The cumulative impact of these issues raises serious concerns about the sustainability of these festivals and the adequacy of safeguards enforced by the authorities.
Political clout and the disproportional application of the law:
The granting of permissions for EDM festivals often reflects a disproportionate application of the law, influenced by the political dynamics of the state. Certain constituencies, such as Dhargal, have demonstrated a greater willingness to host these events, which some attribute to the alignment of local leadership with the ruling political party. In these areas, regulations are perceived as being applied more leniently, enabling organisers to bypass stringent scrutiny. Such practices undermine the principles of equality and impartiality enshrined in Article 14 of the Indian Constitution.
Exploitation of legal and procedural loopholes:
Organisers of large-scale events are adept at navigating legal and procedural loopholes to secure permissions, even in the face of public opposition and regulatory challenges. Some of the commonly exploited strategies include the following:
● Relaxation of noise pollution rules:
State governments possess the discretionary power to relax noise pollution norms for specific events, allowing loudspeakers to operate beyond the prescribed limits until midnight. Such relaxations, though permissible under the Noise Pollution Rules, 2000, are often granted without adequate justification, prioritising commercial interests over community welfare.
● Strategic venue selection:
Events are frequently held on private lands or in remote areas to evade stricter regulatory scrutiny. Border locations between constituencies may also be used to create jurisdictional ambiguities, delaying enforcement actions.
● Post-facto approvals:
Organisers sometimes proceed with event preparations without obtaining all requisite clearances, banking on post-facto regularisations. This strategy exploits the inability of authorities to halt large-scale events at advanced stages of preparation.
● Limited public consultations:
To minimise dissent, notice periods for public consultations are kept short, or hearings are conducted in inconvenient locations, thereby excluding significant segments of the affected population.
● Superficial compliance measures:
Minimal efforts, such as temporary noise barriers or waste segregation bins, are introduced to claim adherence to environmental and safety norms, even when the underlying issues remain unresolved.
The rule of law as a guiding principle:
The rule of law demands that permissions for EDM festivals be granted based on uniform and transparent criteria, without undue influence from political or economic considerations. Adherence to established legal principles ensures that decisions are fair, equitable, and respectful of community and environmental interests. Judicial interventions in cases of noise pollution and environmental degradation have consistently emphasised the need for strict compliance with statutory norms. For example, the Supreme Court’s judgment in Noise Pollution (V) In Re (2005) highlighted the importance of balancing developmental objectives with the right to a peaceful environment.
Regulatory frameworks must be strengthened to prevent the exploitation of loopholes. This includes mandating comprehensive Environmental Impact Assessments (EIAs) for large-scale events, regardless of their duration or the nature of the infrastructure involved. Public consultations should be made more inclusive and accessible, ensuring that the voices of local residents are adequately considered in the decision-making process.
Accountability and public awareness:
The disproportionate application of the law and the exploitation of loopholes by organisers can only be curtailed through heightened accountability and public awareness. Civil society and activist groups play a crucial role in monitoring compliance and raising objections to procedural irregularities. Public Interest Litigations (PILs) remain an effective tool for challenging arbitrary decisions and ensuring judicial oversight.
At the same time, state authorities must prioritise transparency in their dealings with event organisers. Clear guidelines on permissions, enforceable conditions, and penalties for violations should be established and widely disseminated. Additionally, regular audits of large-scale events should be conducted to evaluate their compliance with environmental, safety, and community welfare norms.
Conclusion:
The hosting of large-scale EDM festivals in Goa, while offering significant economic opportunities, must be balanced against the imperatives of environmental protection and community welfare. The disproportionate application of the law, driven by political clout, undermines the principles of fairness and impartiality that are central to democratic governance.
Public vigilance and judicial oversight remain indispensable in safeguarding the interests of all stakeholders, highlighting the necessity of transparent and equitable governance in the state.
