Noise Pollution, Restrictions on use of Loudspeakers,
July 2005
I am forced
to wake up daily at 5 a.m. by the loudspeakers blaring
Azan. The mosque is nearly a km away yet sounds travel
easily esp. at 5 a.m. when most of the city is asleep.
Again during the day I am disturbed by Azaan. I wonder
how students study! And am grateful to Ishwar that I
finished studying for my Chartered Accountancy exams
before this problem started.
During Diwali a number of Mumbaikars come to Worli Seaface
and burn crackers leaving behind a sea of smoke. My
mother has bronchitis so I shut all the windows scared
that the smoke might result in an attack. The sound
is deafening at times. Early morning walkers find the
Seaface littered with dirt the next day. While everyone
is entitled to spend his or her money the way they want,
burning of crackers at such a large scale is a waste
of national resources. Even if 50% of the money spent
on crackers were used to start schools and hospitals
I am sure that we would have atleast 3,000 more schools
every year.
Therefore,
I was very happy to know of the Supreme Court judgment
on noise pollution. I only hope it is implemented!
Summary
- Why was the issue of Noise Pollution raised with the
Supreme Court?
(i)
noise created by horns of engines, pressure horns in
automobiles, loudspeakers, denting painting of cars,
particularly, in residential areas and from unauthorized
premises being prohibited;
(ii)
use of loudspeakers in religious places such as temples,
mosque, churches, gurudwaras and other places being
discontinued or at least regulated;
(iii)
firecrackers burst during Diwali festival and on other
occasions for fun or merry making being prohibited completely,
if the noise created exceeds certain decibels and being
so regulated as to prevent bursting during night hours.
- Those
who make noise often take shelter behind Article
19(1)A pleading freedom of speech and right to expression.
Undoubtedly, the freedom of speech and right to
expression are fundamental rights but the rights
are not absolute. Nobody can claim a fundamental
right to create noise by amplifying the sound of
his speech with the help of loudspeakers. While
one has a right to speech, others have a right to
listen or decline to listen.
- The
judgment gives the sources of noise pollution and
their ill effects.
- The
judgment tells you how various countries have combated
with the problem of noise pollution.
- The
Government of India framed and published Noise Pollution
Control and Regulation Rules, 1999. On 11.10.2002
the Government of India brought in an amendment
in the Rules. The amendment empowered the State
Government to permit use of loudspeaker or public
address system during night hours (between 10 pm
and 12 pm mid-night) on or during the cultural or
religious occasions for a limited period not exceeding
15 days.
- According
to The Noise Pollution (Regulation and Control)
Rules, 2000 a loudspeaker or a public address system
shall not be used except after obtaining written
permission from the authority and the same shall
not be used at night i.e. between 10.00p.m. and
6.00 a.m.
- Loudspeakers
and amplifiers or other equipments or gadgets which
produce offending noise once detected as violating
the law, should be liable to be seized and confiscated
by making provision in the law in that behalf.
- Diwali
is the most important festival of India.
The bursting of firecrackers during this period
is a wide spread practice. The unpredictable, intermittent
and impulsive noise produced by bursting of crackers
all around, turns the festival of lights into cacophony
of noise. People are unable to even sleep due to
this excessive noise pollution. Several people are
injured due to the noise produced by firecrackers
every year.
- The
Court by restricting the time of bursting the firecrackers
has not in any way violated the religious rights
of any person as enshrined under Article 25
of the Constitution. The festival of Diwali is mainly
associated with pooja performed on the auspicious
day and not with firecrackers. In no religious textbook
it is written that Diwali has to be celebrated by
bursting crackers. Diwali is considered as a festival
of lights not of noises.
- The
judgment gives references to various judicial opinions
in India for eg 120. The Supreme
Court in Church of God (Full Gospel) in India v.
K.K.R. Majestic Colony Welfare Assn.,
MANU/SC/0537/2000 held that the Court may
issue directions in respect of controlling noise
pollution even if such noise was a direct result
of and was connected with religious activities.
It was further held:-
"Undisputedly,
no religion prescribes that prayers should be performed
by disturbing the peace of others nor does it preach
that they should be through voice amplifiers or beating
of drums. In our view, in a civilized society in the
name of religion, activities which disturb old or infirm
persons, students or children having their sleep in
the early hours or during daytime or other persons carrying
on other activities cannot be permitted.
Judgment
Directions.
II. Loudspeakers
1. The noise level at the boundary of the public place,
where loudspeaker or public address system or any other
noise source is being used shall not exceed 10 dB(A)
above the ambient noise standards for the area or 75
dB(A) whichever is lower.
2. No one shall beat a drum or tom-tom or blow a trumpet
or beat or sound any instrument or use any sound amplifier
at night (between 10. 00 p.m. and 6.a.m.) except in
public emergencies. 3. The peripheral noise level of
privately owned sound system shall not exceed by more
than 5 dB(A) than the ambient air quality standard specified
for the area in which it is used, at the boundary of
the private place.
Fire Crackers
1. There shall be a complete ban on bursting sound emitting
firecrackers between 10 pm and 6 am. It is not necessary
to impose restrictions as to time on bursting of colour/light
emitting firecrackers.
EOM
–
Editor
– The focus of this judgment was on noise pollution
caused by Loudspeakers and Firecrackers. I wish the
Apex Court had extended the 10pm deadline to 11.30 pm
for the Navaratri festival. Inspite of having got commercialized
it continues to be colorful and enjoyable festival.
Moreover in Mumbai people living in the suburbs reach
home after 8.30 pm so the 10 pm deadline will limit
the time for enjoyment of festival celebrations.
I
also hope that our Politicians do not invoke Secularism
to prevent mosques from reducing the decibel level of
loudspeakers installed therein.
To
read Judgment Click
here
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