Noise Pollution

NOISE POLLUTION
By,
CHAITANYA KULKARNI.
15IP61005
INTRODUCTION
The present generation and the coming generations have to solve three
grave problems namely,population,poverty and pollution if they have
to survive. Pollution being the most dangerous problem likes cancer in
which death is sure but slow. Environment pollution is assuming
dangerous proportions all through the globe and India is not free from
this poisonous disease. This is the gift of modern living,
industrialization and urbanization. Unless timely action is taken,we
have a forbid and bleak future for the world.
WHAT IS NOISE POLLUTION?
The word “noise” is derived from the Latin term “nausea”. It has been defined
as unwanted sound, a potential hazard to health and communication dumped
into the environment with regard to the adverse effect it may have on unwilling
ears.
Any unwanted sound that penetrates the environment is noise pollution.In

general, noise pollution refers to any noise irritating to one’s ear which comes
from an external source
Section 2 (a) of the Air (Prevention and Control of Pollution) Act, 1981
includes noise in the definition of ‘air pollutant’.
Section 2(a) air pollution means any solid, liquid or gaseous substance
including “noise” present in the atmosphere in such concentration as
may be or tend to be injurious to human beings or other living creatures
or plants or property or environment.
MEASUREMENT
A decibel is the standard for the measurement of noise. The zero on a
decibel scale is at the threshold of hearing, the lowest sound pressure
that can be heard, on the scale acc. To smith, 20 db is whisper, 40 db
the noise in a quiet office . 60 db is normal conversation, 80 db is the
level at which sound becomes physically painful.
The Noise quantum of some of the cities in our country indicate their
pitch in decibel in the nosiest areas of corresponding cities, e.g. Delhi-
80 db(Kamla nagar,Mayur vihar), Kolkata - 87,Bombay-85(Dadar &
Sion), Chennai-89 db etc.
NOT-SO-FUN FACTS!!
 Delhi
Not a single area of Delhi passed the Central Pollution Control
Board’s standards of noise control.
 Kolkata
This honk-happy city, according to The Telegraph, Calcutta, has
honked its way to the top of the decibel charts. A survey by the West Bengal
Pollution Control Board reveals that one of the city’s busiest crossings averages
18,857 honks in 24 hours, or one honk every five seconds. During daytime, the
average is one honk every three seconds.
 Mumbai (Bombay), India
An article in the Mumbai Mirror describes Mumbai as “unfit for
living, at least on the cacophony front.” Traffic Infra Tech magazine suggests that
the three main contributors to the noise pollution are construction projects,
firecrackers and loudspeakers during festivals, and indiscriminate honking.
And the worst honking offenders? Auto rickshaw and taxi drivers.
 1 in every 12 people is deaf….Indian Council For Medical
Research
SOURCES OF NOISE POLLUTION
• Industries
• Street traffic
• Rail roads
• Airplanes
• Constructions
• Consumer products
EFFECTS OF NOISE POLLUTION
LEGAL PROVISIONS
(a) Constitution of India

Right to Life:- Article 21 of the Constitution guarantees life and personal liberty to all
persons. It is well settled by repeated pronouncements of the Supreme Court that
right to life enshrined in Article 21 is not of mere survival or existence. It guarantees
a right to life with human dignity. Any one who wishes to live in peace, comfort and
quiet within his house has a right to prevent the noise as pollutant reaching him.
Right to Information:- Every one has the right to information know about the norms
and conditions on which Govt. permit the industry which effect the environment.
Right to Religion and Noise
Right to religion does not include right to perform religious activities on loud speaker and
electronic goods which produce high velocity of noise.
Directive Principal of State Policy:

The state has the object to make the enviorment pollution free.
Fundamental Duties:
every citizen of the country has the fundamental 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 empowered to issue order to remove or abate nuisance caused by noise pollution
Sec 133 empower an executive magistrate to interfere and remove a public nuisance in the
first instance with a conditional order and then with a permanent one. The provision can be
utilized in case of nuisance of environment nature. He can adopt immediate measure to
prevent danger or injury of a serious land to the public. For prevention of danger to human
life, health or safety the magistrate can direct a person to abstain from certain acts.
(c) I.P.C. Public Nuisance 268-295.

(d) Law of Torts Noise pollution is considered as civil wrong.
(e) Factories Act Reduction of Noise and Oil of Machinery.
(f) Motor Vehicle Act.
Noise Pollution Control Rule 2000 under
Environment Protection Act 1996
In order to curb the growing problem of noise pollution the government
of India has enacted the noise pollution rules 2000 that includes the
following main provisions:-
# The state government may categories the areas in the industrial or
commercial or residential
# The ambient air quality standards in respect of noise for different
areas have been specified.
# State government shall take measure for abatement of noise including
noise emanating from vehicular movement and ensure that the existing
noise levels do not exceed the ambient air quality standards specified
under these rules.
# An area not less than 100 m around hospitals,educational institutions
and court may be declared as silence zones for the purpose of these
rules.
# A loud speaker 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. Between 10 pm to 6 am.
# A person found violating the provisions as to the maximum noise

permissible in any particular area shall be liable to be punished for it as
per the provision of these rules and any other law in force .
JUDICIARY & NOISE POLLUTION
• Maulan Mufti Syed and Other V. State of West Bengal AIR 1999 CAL
15
The court held imposition of restriction on the use of
microphone and loud speakers by the state government between 9
pm to 7 am which inter alia include recitation of azan on microphone
in early hours before 7 AM is not violative of Article 25 of
constitution guaranteeing of freedom of religion.
Burrabazar Fire Works Dealers vs The Commissioner of Police AIR 1998
Cal 121
"Art. 19(1)(g) of the Constitution of India does not guarantee the
fundamental right to carry on trade or business which creates
pollution or which takes away that communities safety, health and peace.
A citizen or people cannot be made a captive listener to hear the
tremendous sounds caused by bursting out from a noisy fireworks.
Church of God (Full Gospel) in India v K K R Majestic Colony Welfare Association
(2000) 7 SCC 282
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 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
day time or other persons carrying on other activities cannot be permitted
Himmat Singh v. Bhagwan Ram (1988) CrLJ 614 Rajasthan

Where there were fodder tals in a residential colony to which fodder was brought
daily during nights by trucks which were unloaded in the morning and fodder was
cut during the day by electric operated machines. It was held that the carrying on the
trades causing intolerable noises emanating offensive smells and spreading dust
containing articles of fodder cut was public nuisance as noise pollution.
 In re: Noise Pollution Implementation of The Laws For Restriction Use of
Loudspeakers And High Volume Producing Sound Systems with Forum,
Prevention of Enivornment And Sound Pollution versus Union of India And
Another. 18 July, 2005
This petition was filled pro bono publico. The immediate provocation
for filing the petition was that a 13 year old girl was a victim of rape (as
reported in newspapers of January 3, 1998). Her cries for help sunk and went
unheard due to blaring noise of music over loudspeaker in the neighbourhood.
The victim girl, later in the evening, set herself ablaze and died of
100% burn injuries. The petition complains of noise created by the use of the
loudspeakers being used in religious performances or singing bhajans and
the like in busy commercial localities on the days of weekly offs.
 In this case supreme observed 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. There in are included all the aspects of life which go to make a
person life meaningful complete and worth living. Every body who wished to live
in peace , comfort and quiet with in his house has a right to prevent the noise as
pollutant reaching him. No one can claim a right to noise to create noise even in
his own premises which would travel beyond his precincts and cause nuisance to
neighbors or others.
CONCLUSION
We have made the law relating to noise pollution but there is need
to creating general awareness towards the hazardous effects of
noise pollution.
The target area should be educational institutions and more
particularly school.
Holding of special talks and lectures can be organized in
the schools to highlight the menance of noise pollution and the
role of the children in preventing it . For these purpose the state
must play its role by the support and cooperation of non-
government organizations.

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NOISE POLLUTION

Any unwanted sound that penetrates the environment is noise pollution.In

(a) Constitution of India

Directive Principal of State Policy:

(c) I.P.C. Public Nuisance 268-295.

# A loud speaker or a public address system shall not be used except

# A person found violating the provisions as to the maximum noise

Himmat Singh v. Bhagwan Ram (1988) CrLJ 614 Rajasthan

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