December 3, 2020

Role of Judiciary in Preventing Noise Pollution

Introduction:

The word noise comes from the Latin term nausea. it has been defined as unwanted sound, a potential hazard to health and communication dumped into the atmosphere with respect to the adverse impact it should have on unwilling ears.

Noise Pollution is a massive drawback of our society. it’s increasing day by day specially in urban and industrial areas. Airports, Industries, Highways, construction activity and railway station are considered to be high background level area. pollution has been known as “a slow agent of death[1].”

Noise is defined as unwanted sound, that pleases the listeners, is music and that that causes pain and annoyance is noise. At times, what is music for a few will be noise for others Section 2 (a) of the Air (Prevention and Control of Pollution) Act, 1981 includes noise in the definition of „air pollutant‟.

SOURCES OF NOISE POLLUTION

Noise pollution like different pollutants is additionally a by- product of industrialisation, urbanizations and modern civilization. Broadly, the pollution has two sources, i.e. industrial and non- industrial. the industrial source includes the noise from numerous industries and massive machines working at a really high speed and high noise intensity. Non- industrial source of noise includes the noise created by transport/vehicular traffic and therefore the neighbourhood noise generated by varied noise pollution can even be divided in the classes, namely, natural and manmade. Most leading noise sources can comprise the subsequent categories: roads traffic, aircraft, railroads, construction, industry, noise in buildings, and consumer products.[2]

1. Road Traffic Noise:

In the city, the most sources of traffic noise are the motors and exhaust system of autos, smaller trucks, buses, and motorcycles. this kind of noise is increased by narrow streets and tall buildings, that manufacture a canyon during which traffic noise reverberates.

2.Noise from railroads:

The noise from locomotive engines, horns and whistles, and switching and shunting operation in rail yards can impact neighbouring communities and railroad employees. for instance, rail automobile retarders will manufacture a high frequency, high level screech which will reach peak levels of 120 sound unit at a distance of 100 feet, that interprets to levels as high as 138, or 140 dB at the railroad 140dB.

3.Construction Noise:

The noise from the development of highways, town streets, and buildings could be a major contributor to the urban scene. Construction noise sources include pneumatic hammers, air compressors, bulldozers, loaders, dump trucks (and their back-up signals), and pavement breakers.

4.Noise in Industry:

Although industrial noise is one among the less rife community noise problems, neighbours of clatter producing plants is disturbed by sources like fans, motors, and compressors mounted on the surface of buildings Interior noise can even be transmitted to the community through open windows and doors, and even through building walls. These interior noise sources have important impacts on industrial employees, among whom noise- induced deafness is sadly common.

LEGAL PROVISIONS FOR NOISE CONTROL

(a) Constitution of India

Right to Life: – Article twenty-one of the Constitution guarantees life and personal liberty to all or any persons. it is well settled by recurrent pronouncements of the Supreme Court that right to life enshrined in Article 21 is not of mere survival or existence. It guarantees a right of persons to life with human dignity. anybody who desires to live in peace, comfort and quiet inside his house includes a right to prevent the noise as pollutant reaching him.

Right to Information: – Everyone has the right to information know about the norms and conditions on which Govt. permit the industry that have an effect on the surroundings.

Right to religion and Noise: Right to religion doesn’t include right to perform religious activities on loud speaker and electronic goods that manufacture high velocity of noise.

Directive Principles of State Policy: The state has the object to form the environment pollution free.

Fundamental Duties: Every subject of the country has the basic duty to clean the environment.

(b) Cr.P.C. Section 133

Here Section 133 is of great importance. Under Crpc. Section 133 the magisterial court have been authorized to issue order to get rid of or abate nuisance caused by sound pollution Sec 133 empower an executive magistrate to interfere and take away a nuisance within the first instance with a conditional order and then with a permanent one. the provision can be used just in case of nuisance of environment nature. He can adopt immediate measure to forestall danger or injury of a serious land to the public. For prevention of danger to human life, health or safety the magistrate can direct an individual to abstain from certain acts.

Chapter IV of Indian penal code deals with offences with reference to public health, safety,decency ,morals under Sections 268, 269, 270, 279, 280, 287, 288, 290 291 294. Noise pollution are often penalized with the assistance of above section. private remedies suits within the area might associated with public nuisance underneath A299. this article punishment just in case of public nuisance law of torts covers. A person is guilty of nuisance who will any act or is guilty of an illegal omission that causes any common injury, danger, or annoyance to the pubic or to the individuals normally who dwell or occupy property within the vicinity or that should essentially cause injury, obstruction danger or annoyance to persons who might have occasion to use any public right. A common nuisance is not excused on the ground that it causes some convenience or advantage.

CASES ON NOISE POLLUTION

In Chairman, Guruvayur Devaswom Managing Committee, Guruvayur v. Sup. of Police [3], a writ was filed underneath Art. 226 of the Constitution of India against the order of police officer to remove the speaker unit that was put in for a festival season. The respondent alleged that such kind of speaker unit caused irreparable harm of ear and that they were put in without getting sanction from any competent authority. After filing writ petition on that stay was granted by single judge; the Guruvayur temple authorities approached the Kerala State Pollution control board to urge professional opinion concerning the utilization of horn sort speaker unit. Report of State Pollution control Board found that there was no sound pollution if put at the height of three meter in temple premises. The court accepted the expert opinion of the Pollution control panel and permissible the use of horn sort loudspeakers and therefore the police authorities were directed to provide sanction to Management Committee of the temple to erect such loudspeakers[4].

In Bijayananda Patra v. Dist. Magistrate, Cuttack[5], held that noise is taken into account as unwanted sound which will adversely affect the health and wellbeing of the people. Noise Pollution connotes unwanted sound within the atmosphere.

In Citizen Council Jamshedpur v. State of Bihar[6] , PIL was rejected by the H.C of Patna. during this case, PIL was filed by the residents of the locality beneath Art. 226 praying to reject the permission granted to the handloom and khadi Board to organize exhibition in a very public park. The petitioner submitted that park is employed for morning walk and youngsters of the locality play there. Besides this, the exhibition would cause air pollution and noise pollution. The Court after considering all the factors held that since the petitioner failed to manufacture any evidence that exhibition would be health hazard and cause noise pollution and that the exhibition had already started. So, petition was not maintainable.

CONCLUSION

The judiciary in India has done a commendable service towards combating noise pollution, that is considered joined of noticeable result of modern civilization.The above points prove that noise pollution has become a great threat to the environment and through that to the individuals existing and this needs to be controlled from the ground level. The Noise Pollution (Regulation and Control) Rules, 2000 is a welcome venture, but these rules aren’t sufficient to regulate this menace. Some immediate and efficient measures must be taken in this regard. Suitable chapters may be added into textbooks, that teach civic sense to the children and teach them the way to be sensible and responsible subject which might embody learning by memory of assorted fundamental duties which would clearly embody learning to not produce pollution and to forestall if generated by others.

[1] Bijayananda Patra v. District Magistrate, Cuttack, 1999 SCC OnLine Ori 65 : AIR 2000 Ori 70

[2] https://acadpubl.eu/hub/2018-120-5/3/207.pdf

[3] AIR 1998 Ker 122

[4] AIR 1998 Ker 122

[5] AIR 2000 Ori. 70

[6] AIR 1999 Pat 1

Author Details: Chandana Pradeep

The views of the author are personal only. (if any)

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