HEALTH ADVISARY : NOISE POLLUTION IS INJURIOUS TO HEALTH
Ever wondered why no loud speakers allowed after 10PM in public areas?
Well answer to it goes this way… the government of India had framed Noise Pollution (Regulation and Control)(Amendment) Rules in the year 2002. Under this Rule 5 reads as under:
"5. Restrictions on the use of loud speakers/public address system:-
(1) A loudspeaker or a public address system shall not be used except after obtaining written permission from the authority.
(2) A loudspeaker or a public address system shall not be used at night (between 10.00 p.m. to 6.00 a.m.) except in closed premises for communication within, e.g. auditoria, conference rooms, community halls and banquet halls.
(3) Notwithstanding anything contained in sub- rule (2), the State Government may, subject to such terms and conditions as are necessary to reduce noise pollution, permit use of loud speakers or public address systems during night hours (between 10.00 p.m. to 12.00 midnight) on or during any cultural or religious festive occasion of a limited duration not exceeding fifteen days in all during a calendar year."
The gist of sub rule 2 prohibits use of loudspeaker or public address from 10PM to 6AM in public places.
Whereas, sub rule 3 allows the state govt. to relax the deadline of 10PM to 12midnight for any 15 days in a calendar year at its discretion.
The constitutional validity of sub-rule (3) was put in issue by filing a writ petition in the High Court of Kerala. The High Court directed the petition to be dismissed and the sub-rule was held to be within framework of law. Feeling aggrieved petitioner filed petition by special leave in the honorable supreme court of India.
Govt. of India argued “the relaxation is for a period of 2 hours only and that too for a maximum of 15 days in all during a calendar year confined to cultural or religious occasions. Since the power has been conferred on the State Government by the Central Government it cannot further be delegated. The power would be exercised by the State Government by keeping in view the interest of the entire State population.”
A query was raised that once the power to grant exemption is allowed, often the exemption becomes the rule. Exemptions tend to be granted as a matter of course and are thus often misused.
Honorable Supreme court of India held that “looking at the diversity of cultures and religions in India, we think that a limited power of exemption from the operation of the Noise Rules granted by the Central Government in exercise of its statutory power cannot be held to be unreasonable. The power to grant exemption is conferred on the State Government. It cannot be further delegated.”
Accordingly state government was directed to specify in advance, the number and particulars of the days on which such exemption will be operative.
Supreme Court also directed complete ban on bursting sound emitting firecrackers between 10 pm and 6 am. Prohibition on blowing of vehicular horn in residential area at night hours. State govt. was also directed to add chapters in text books regarding ill effects of noise pollution. State was also directed to seize loud speakers and amplifiers making noise beyond permissible limit.
Citing Article 21 of the Constitution which guarantees life and personal liberty to all persons Supreme court said that :
“Anyone who wishes to live in peace, comfort and quiet within his house has a right to prevent the noise as pollutant reaching him. No one can claim a right to create noise even in his own premises which would travel beyond his precincts and cause nuisance to neighbors or others. Any noise which has the effect of materially interfering with the ordinary comforts of life judged by the standard of a reasonable man is nuisance.”
It also said that “Noise is more than just a nuisance. It constitutes a real and present danger to people's health. Day and night, at home, at work, and at play, noise can produce serious physical and psychological stress. No one is immune to this stress.”
Reference: AIR 2005 SC 3136
