Unwanted sound is referred to as Noise or noise pollution. This has been observed as a major problem especially, in the urben centres. Moving automobiles, industries, loud speakers, aircrafts, etc all add to the noise levels of a city. There are standards in place for both day and night to regulate noise levels in a city.
NOISE POLLUTION
The noise may be defined as unwanted sound, which gets dumped in the atmosphere in regard to the adverse effect, it may have. Noise pollution, an omnipotent and important component of the air pollution, is assuming worldwide attention that is an inescapable by-product of industrialization and urbanization. It has challenged the very fundamentals of the human survival and social-well being. In India, one of the most common sources of noise pollution is the frequent and indiscriminate use of loudspeakers, which has all the characteristics of public nuisance. The creator of such pollution is the human himself.
In 1900, H. Short of Britain invented loudspeaker with the objective to provide relief to the speakers so that they need not scream at the pitch of their voice to be audible to the audience or the gathering. Their risk against the damage of their vocal cord is covered and protected by its use. But now-a-days, no function or ceremony, religious or non-religious, public or private, is complete without the use of loudspeaker at the high pitch for hours. Residential areas are victimized of this device, be it used for Night Kirtans, Jagrans, Jagratas, Akand Paths, Musical Nights, Ram Lilas, Elections, or marriage.
The following legal remedy is available to the residents of the area in India:
Under the Constitution of India
Indiscriminate use of loudspeakers in India is being claimed as the fundamental right, under Article 19 and 25 of the Constitution.
Article 21 – Protection of life and personal liberty, except according to procedure established by law. (Right to pollution free air falls within article 21. Right to Sleep: Be an attribute of right to life. By Article 21, all the residents of India have right to sound and peaceful sleep. Right to healthy environment – included right to health, pollution free water and air)
Article 19 – Protection of certain rights regarding freedom of speech, etc. All the citizens shall have the right to freedom of speech and expression
Article 25 – Freedom of conscience and free profession, practice and propagation of religion. The freedom guaranteed by article 25 is to ‘profess, participate, and propagate’ religion. Practice is concerned primarily with religious worship, rituals and observations.
Article 26 – Freedom to manage religious affairs
Article 29 – Protection of interest of minorities
Laws on Noise Pollution in India
The problem of noise pollution can be tackled under the Criminal Law as well.
1. Noise Pollution Control Under the Indian Penal Code
2. Noise Pollution Control Under the Code of Criminal Procedural, 1973 (Cr.P.C.)
Control of Noise under the Central Legislation
1. The Police Act, 1861
2. The Workmen’s Compensation Act, 1923
3. The Air Craft Act, 1934
4. The Factories Act, 1948
5. The Air (Prevention and Control of Pollution) Act, 1981
6. The Motor Vehicles Act, 1988 and The Central Motor Vehicles Rules, 1989
7. The Environment (Protection) Act, 1986 and The Environment (Protection) Rules, 1986
8. Noise Pollution (Regulation and Control) Rules, 2000
Constitutional Provision and Noise Pollution Control
Noise Pollution and Judicial Attitude
Right to Religious practices v. Right to clean and Healthy Environment
Church of God (Full Gospel) in India V K.K.R.M.C. Welfare Association (2000 SCC 282)
Minority institution, during its prayer services, made use of drums and loudspeakers in the early hours of morning. In Re: Noise Pollution - Implementation of the Laws for restricting use of loudspeakers and high volume producing sound systems Vs. Respondent: (2005) 5 SCC 733
Bibliography
Books:
Praramjit S Jaswal & Nishtha Jaswal, Environmental Law – Environment Protection, Sustainable Development and the Law, Pioneer Publications, 2006
Sanjay Upadhyay & Videh Upadhyay, Handbook on Environmental Law (Volume II) – Water Laws, Air Laws and the Environment, First Edition, LexisNexis ( A division of Reed Elsevier India Pvt Ltd), New Delhi, 2002
Shyam Divan & Armin Rosencranz, Environment Law and Policy in India – Cases, Materials and Statutes, Second Edition, Oxford University Press, 2005
Vijendra Mahandiyan, Environmnetal Noise pollution – cause, Eveils, Legislation and Controls, Deep & Deep Publication Pvt Ltd, New Delhi, 2006