Author Profile

Legal India Admin

Posted On by &filed under Legal Articles.


Chandra Sekaran

To control the increasing ambient noise level in public places from various sources, inter alia , industrial activity, construction activity, generator sets, loud speakers, public address system, music systems, vehicular horns, and other mechanical devices Noise Pollution (Regulation and Control) Rules, 2000 has been enacted by the Government of India in exercise of its powers conferred under the Environment (Protection) Act, 1986.

Rule 5 restricts the use of loud speakers/public address system and sound producing equipments. A written permission is necessary for using such equipment.

Implementation

The authority for the implementation of the said Noise Rules is the District Magistrate, Police Commissioner and other officer not below the rank of Deputy Superintendent of Police. The help of the State Pollution Control Boards’ are sought to measure the noise level and violators are prosecuted by the said Police Officials before the concerned Magistrate Court.

Usage in Religious Institutions

Religious places are considered as silent zones, wherein the maximum permissible sound is 50 dB(A)/ Leq during day time and 40 dB(A)/ Leq during night. The above restriction applies to all institutions around 100 metres. What is 50 dB ?. The sound which is necessary for communication in between two persons. A loudspeaker which is capable of sound producing for communication within a hall will alone will be possible . The practice of installing loudspeaker to produce noise outside the said premises within 100 metres may amount to violation

The State Government has been empowered to grant permission to use loudspeaker on or during any cultural or religious festive occasion of limited duration not exceeding fifteen days in all during the calendar year. But such relaxation is not permissible between 10.00.P.M and 12 midnight. The State Government has to identify the festivals which are prominent in their State and issue a notification in this regarding relaxing the provisions of Noise Rules. This is a onetime affair for the entire State and not for each religious institution for different periods

The Noise Law is the law that is blatantly violated by many including under the guise of religious festivals A question has been raised before the Supreme Court of India (SC) by a religious body can it be said that using of the loud speakers is the exercise of the religious freedom enshrined under the Constitution of India . SC has held that no religion prescribed that prayers should be performed by distributing the peace of others nor does it preach that they should be through voice-amplifiers or beating of drums . In the name of religion nobody can be permitted to add to noise pollution or violate noise pollution norms. Even if there be religious practice to use voice amplifiers, it should not adversely affect rights of others including that of being nor disturbed in their activities. Noise Pollution (Regulation and Control) Rules, 2000 should be followed.

SC has issued sweeping direction to control the noise generated from fire crackers, loudspeakers, vehicular noise, etc. Court also stressed the need for education in this regard in text books. SC has issued sweeping direction to control the noise generated from fire crackers, loudspeakers, vehicular noise, etc. Court also stressed the need for education in this regard in text books.

More Cases

Kerala HC has also held that singing of devotional songs by religious institutions should be inconformity with the rules. Whatever be the justification for playing devolution songs in the early morning and at dusk or at any time it has to be in conformity with the rules that are in force. Repetition and regular play of even excellent music, may turn out to be offensive, and disturbing , depending upon the attitude of those who are obliged to receive the music per force. In the matter of loudspeakers, because of the statutory rules, the uses are obliged to respect the feelings of others.

It has re-iterated by the Kerala HC that no use of loudspeaker or a public address system can be permitted beyond 12 ‘O Clock in the night even on a religious or cultural occasion. The power to relax in the rigor of sub-rule (2) is available to the State Government only in respect of a cultural or religious occasion of a limited duration not exceeding 15 days and it is in respect of such a cultural or religious occasion the Government has power to relax the limitation embedded in sub-rule (2) against the use of loud speaker or public address system during night.

Madras HC had the occasion to consider the use of loudspeaker in a temple. HC held that rule of law is more than anything else requires that all laws as enacted by Parliament and State Legislatures be faithfully executed by officials, that orders of Courts be obeyed; that individuals wishing to enforce the law should have reasonable access to the Courts; that no person should be condemned unheard, and that power should not be arbitrarily exercised.

Even though Rules have been framed, no steps have been taken by the State Governments to identify zones. Kerala HC has issued directions the State government to take necessary steps to identify the zones and generally to fulfill all the requirements of the said Rule. The authority will thereafter be entitled to consider the application for use of loud speakers and permit them strictly in terms of the said Rules and the identification of the Zones, the court observed.

While so the Kerala Government issued a circular to the effect that amplifiers could be used during night between 10 at night and 6 in the morning within the compound of an institution. The notice also says that it must be an institution that is existing or created permanently for any religious, charitable or other purposes like cultural, educational and so on. What is meant by “closed premises” in Rule 5 of the Noise Pollution (Regulation and Control) Rules is a matter that has to be understood in the context of the objects to be achieved by the Rules, Kerala High Court clarified. The Court clarified that any circular or press release issued by the Government can be understood only consistent with the relevant provisions of the Noise Pollution (Regulation and Control) Rules, 2000 as subsequently amended.

Meanwhile a lot of religious organizations have challenged the same judgment stating that they are engaged in the business of letting out loudspeakers and their right to do business has been infringed. Kerala HC repelling the contention upheld its earlier decision. Kerala Government has issued a notification notifying the Executive Magistrates, Commissioners of Police and Deputy Superintendent as officers for enforcing the Noise Rules.

The bursting of fire crackers during festivals is a problem in India. Supreme Court has clarified that the restriction on bursting of fire crackers is only between 10.00. PM and 6.A.M.

Nuisance caused to the lawyer’s office by motor mechanics doing denting painting works using big iron hammers came to the notice of the Delhi HC . The vehicle was seized. On the assurance given by the Municipal Corporation that encroachment had been removed the matter was closed.

While so the rule was amended subsequently empowering the State Government to grant permission to the use of loudspeakers or public address system during night hours and during cultural or religious occasion on certain specified conditions is legal and valid. Question of giving any notice or invite objection did not arise. This was challenged before the Kerala HC. But the court justified the amendment.

While interpreting the provisions of Motor Vehicle Rules, Kerala HC has held that private operators have no legal right to use air horns . They have to operate vehicles only with the horns as specified by law.

Even prior to the introduction of the above Rules, courts had the occasion to consider issues on noise pollution. Kerala HC has held that standards regarding noise prescribed by Govt. of India may be enforced strictly in its letter and spirit. Noise code regulating all aspects of noise pollution.

The right to use a loudspeaker is not a fundamental right in itself, Kerala HC held. Sound pollution is an accepted danger, and indiscriminate use of loud speakers cannot be permitted. Every freedom has its frontiers. It is liable to be clipped, on grounds of public order, morality and decency. Disaffection, sedition, riots, etc. will be valid grounds for restraint. There is no fundamental right to use loudspeakers.

Under Art.21 of the Constitution, the citizens have a right of a decent environment and they have a right to live peacefully ,right to sleep at night and to have a right to leisure which are all necessary ingredients of the right to life guaranteed under Art. 21 of the Constitution. Principle of judicial activisms confers power upon the court to be active and not remain inactive for the purpose of protecting rights, duties and obligations of the people. The above observation was by the full bench of the Calcutta High Court while deciding an issue as to whether the prohibition of manufacturing of noise polluting fireworks is valid .

For fireworks, the noise code as well as the conditions laid down by the Explosive Rules is to be strictly followed, Kerala HC held. The court directed the State Government not to grant licenses and to prevent the existing holders of licenses from manufacturing explosives which are prohibited – Prohibited explosives are explosive consisting of or containing sulpher or sulpheret in admixture with chlorate of potassium or any other chlorate. Gundus/shells which produces high level of noises and fireworks whose noise level exceeding 125 dB after explosion banned, the court held.

Calcutta HC has held that use of electronic and/or air horn instead of bulb horn creates noise pollution and it has adverse effect on public health. Sudden blowing of such horn by Transport vehicles are producing rude shock in the human system and is acknowledged to have serious effect on various aspects of human life including blood pressure, mental and nerve system, the court observed while allowing the writ petition.

Central Motor Vehicles Rules restrains the use of air horns in motor vehicles. While challenging the action the court held that the Police officials are justified in initiating prosecution against stage carriage operators. The police and Transport authorities has been directed to ensure that effective and appropriate action is taken forthwith to abate noise pollution that is being caused by use of air horns. No vehicle shall be permitted to use air horns. Strict compliance shall be ensured and necessary instructions shall be issued by the Government to its officers in this regard, the court observed.

Prior to the coming into force of the Noise Rules, the restrictions on usage of Microphone and Loudspeaker at the time of giving Azan in Mosques was permitted. But the Calcutta HC has held that “Azan” is not a form of propagation but it is an essential and integral part of religion to meet at the prayer from a call being made through Azan. Traditionally and according to the religious order, Azan is to be given by the Imam or the person in charge of the Mosques through their own voice, this is sanctioned under the religious order.


28 Responses to “Noise Pollution and Law”

  1. Lalit Singh

    I’m sick of these religious and cultural festive every year they put a loud speaker near my building and play songs for like hours (5pm – 10pm) and my university exams are On, can’t help but putting cotton in my ear however to block this noise.

    Reply
  2. Rahul Shah

    In my society they play garba till 2am
    As I requested chairman to play low after 12pm but he is helpless as other society members are against what steps can be taken

    Reply
  3. Vipinachandran. K

    Is it possible to use Public Address system in purely domestic areas continuously during day time. If allowable what are the conditions or restrictions for permission to use the PA system in domestic areas. ( not use in announcement vehicles on the roads)

    Reply
  4. Chandraban

    I have been traveling I private bus, they’re playing loud music, I want to know what action can be taken.

    Reply
  5. Vivek

    Today all vehicles are having power horn. While they honk it, it makes everyone uncomfortable. Very bad Ford old people and kids. Why government is not taking any action on it?

    Reply
  6. Kester

    May I know the maximum sound output allowed for a public address system in an auditorium in India?

    Reply
  7. shweta

    why should muslims use loudspeaker during their marriage …mere ghr k taraf roj aaj kl muslimo ka bahot noise hota h or wo log bahot zyada sound me loudspeaker use krte hai..i really cant tolrate dis any more..plz sir help me.

    Reply
    • mohiuddin.khaiser

      all the muslim not use loud speaker if they are using for prayer purposse for fee minutes can be tolarated.playing of musical instruments ban in islam. dance and music is not permitted.

      Reply
      • Bala

        It is not about tolerance, but hazardous . We go to sleep late and this mosque blares loudspeaker Azan call early morning. Now I have developed maigraine head ache due to continuos sleep disturbance. Same issue throughout the day! Don’t hide under religious practice. Before invention of loud speakers what were these imams doing ? Just stop this noise nuisance from all mosques and no need to tolerate this nonsense

        Reply
  8. DR.K.V.DEVIDAS

    In kerala,southern state of India, private transport buses play from one destination to other with passengers,Some of these buses have music systems which is played very loudly disturbing passengers.and also may be a reason for loosing concentration of driver leading to major accidents.Is there any law to prevent it and to whom I have to approach and I belong to Thrissur of kerala state.

    Reply
  9. nagarathna

    sir,
    we are suffering in the name of religious program carried by the temple,people, in Davanagere, Shamanur road there is sri veerabhadreshwar temple, there is maximum sound effect of Bell sound, Music using amplifier using gadgets, Band bets form morning to evening we are suffering both mental and physically

    Reply
  10. sunil

    Plz tell me the right authority who can take step for preventing noise pollution nd plZ tell me the process for complaining the use of loudspeaker

    Reply
  11. Sal

    Today, there’s some sort of orchestra was played in the street for many hours and beyond 12:00 clock. What the hell is going on? What is the police doing? I’ve no idea. These laws are not enough, they should be made more strict. As a student, life in India has become unbearable and I’m sure I’m not alone

    Reply
  12. CHANDRAMOHAN

    Dear Sir,

    Good Morning. Please advise to take action against unbearable air horns used by the vehicles in residential areas in day time as well as in nights.

    Thanking you
    Chandramohan.

    Reply
  13. Devyani singh

    sir
    me jharkhand me ek town chandwa ki hu mere ghar bhagal panch mukhi hanuman mandir bade 3 loudspeaker hai
    jo subh saam itni noise pollution hoti hai ghar me rahana muskil ho jata pls sir iska kuch to rule hoga

    Reply
  14. RUDROJU VEERAKUMAR

    Respected sir
    we are suffering too much with religious noice . is there any sollution for controlling this type of noice pollution .

    Reply
  15. Pankaj Makvana

    I am residing in flat on second floor. Family residing on third floor generating noise at night after 11. Due to this we can not sleep. Is any law to stop it legally?

    Pankaj

    Reply
  16. Srikanth

    We (Indians) never bother even if our actions cause inconvenience/pain to others. Our governments don’t want to act they feel they have other more important things to take care. If we need to address this monster of loud music/sound pollution, we will have to start with public awareness. The perpetuator’s of this crime (yes per law!) are very ordinary people totally unware of that their actions result in large scale nuisance. A mass movement against loud music in open areas is the need of hour.

    Reply
  17. Anuj

    This is 11: PM @ 15th Nov a very heavy open air noise is coming from some program conduct by Muslim community,
    I resident in O. C. Compound Ranchi Jharkhand area,
    My exam is scheduled for tomorrow & unable to concentrate on my study,
    State government and sound pollution department is least bothered abut it,
    Plz,plz,plz do something to protect normal public from this pollution at-lest in night time.

    Reply
  18. sudhir

    I m facing the problem of noise pollution from gurudwaraes in my city ellenabad . Koi ye sor bsnd ksrwao yaar inhone khud to kano par das miter kapda lapet rakha hai . Dusro ki ma bhen ak kar rakhi hai . Police wale daru piker mast hai .koi is des se muki dilao ji.

    Reply
  19. vivek

    Kya koi batayega ki Haryana me in loudspeakers ko bazane ka kya law hai? Mandir/Masjid/etc.etc. ke speaker ne jaan le rakhi hai? Areee yaar karo bhakti jisko karni hai, Dusro ki aise taise kyo kar rakhi hai?

    Reply
  20. chandru sharma

    mr chandr sekaran,
    please come to mumbai during diwali to know what noise is!
    and every driver thinks that traffic moves only if he honks. and one should see when this particularly at signals.
    civic sense cannot be introduced by laws. it has to be learntfrom childhood.

    Reply
  21. Hemant

    Do loudspeakers on mosques have permission for 5 times a day & 365 days?
    If yes or No, then under which law/rule/order

    Reply

Leave a Reply

Your email address will not be published. Required fields are marked *

* Copy This Password *

* Type Or Paste Password Here *

Loading Facebook Comments ...
Loading Disqus Comments ...