Louspeakers Pollution, read SC judgement

[Guest guest]

Namaskar Mitra,

 

Those of you who are woken up at 5 a.m. by loudpeakers blaring from mosques,

please use this judgment and ask the nearest police station to stop use of

loudspeakers between 10pm and 6 am. For use during the day too the Court has

specified decibel limits. The SC has empowered us with a favorable decision. It

is up to us to ensure it is implemented. Also spend less money on crackers this

year. The money saved could be donated to Dharmic schools and hospitals.

Summary judgment and Court directions below.

http://esamskriti.com/rc_noise_poll_1.htm

with prem sanjeev

 

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 –