A FEW REFLECTIONS ON NOISE POLLUTION: ISSUES AND CONCERN IN URBAN INDIA

The number of people dying in urban India due to deteriorating air quality is rising every year and very little is being done to deal with pollution in Indian cities. Pollution is a noun derived from transitive verb ‘pollute’, which according to Random House Dictionary of English Language means: to foul, to pollute the air etc. An important component of air pollution which is assuming importance is the Pollution from Noise. Noise is an inescapable by product of industrial environment, which is increasing very fast with the advancement in industrialization. The Industries located in the residential areas such as the printing press, agro based industries, automobiles repairing, grinding mills etc are the main sources of community noise affecting public continuously living in the vicinity.

In early days before the development of Environmental jurisprudence, the Common law remedy of Nuisance was the only means to remedy, and same was wholly based on the discretion of the Judge. Nuisance need not be public nuisance and interference with a person’s personal comfort is enough, though at least in general, a private nuisance pre-supposes possession and control of land from which nuisance proceeds. Whether noise constitutes a nuisance is a question of degree. Yet where the noise is caused maliciously, same will be taken into account. Noise pollution has, thus, two sources-industrial and non-industrial, but movement against noise pollution, has not been effective, as most  people in India do not consider noise as pollution but a part of routine and modern life. In order to curb noise pollution, it is essential that people realize that dangerous consequences of noise and to take some remedial measures.

Noise by definition is unwanted sound. What is pleasant to some ears may be extremely unpleasant to other, depending on a number of psychological factors. Noise pollution can  be divided into two categories viz. Natural and man-made. Natural causes of noise pollution are air, noise, volcanoes, seas, rivers, exchanging voices of living organs including man and animals. Some of the chief causes of man made noise pollution are machines and modern equipment of various types, automobiles, trains, aero planes, use of explosive, bursting of firecracker and other things leading to noise pollution. Noise affects human life in many ways. It affects sleep, hearing, communication and mental health and physical health and finally the peace of living. It may even lead to madness in persons. However, noise, which are melodious whether natural or man-made, cannot always be considered as factors leading to pollution.

Noise not only causes irritation or annoyance but it does also constrict the arteries, and increases the flow of adrenaline and forces the heart to work faster, thereby accelerating the rate of cardiac ailment, the reason being that continuous noise causes an increase in the cholesterol level resulting in permanent constriction of blood vessels, making one prone to heart attacks and strokes. Health experts are of the opinion that excessive noise can also lead to neurosis and nervous breakdown. There has been a high incidence of emotional disaster among people living near airports.

Noise is measured in  decibel.  Researchers have shown that continues noise level is excess of 90 decibels can cause loss of hearing and irreversible changes in nervous system. WHO has fixed 45 decibels as the safe noise level for a city, though the four metropolitan cities of Mumbai, New Delhi and Chennai, usually registered an average more than 90 decibels, while Mumbai is rated as the third noisiest city in the world. Various laws address the issues of noise pollution in part as being specific to certain activity.Viz

1. The Railways Act, 1890

2. The Motor Vehicles Act, 1939

3. The Aircrafts Act, 1934

4. The Factories Act, 1948

The Indian Constitution under Art.19 grants fundamental right to every citizen to freedom of speech and expression, with reasonable restriction of decency, morality, security of State, defamation, incitement of offence etc. The use of loudspeaker as a means of expression is regulated by reasonable restriction so as  to meet public order and safety. The Judiciary on its part has come up with some interesting observation as to the freedom of expression and right to religious practice, with that of Pollution free environment. The Judiciary has made balance between the need of development and the health of citizens.

The Noise Regulation Rules 2000

Though in the area of water and air pollution there are two independent Acts, in India, named as the Water Act, 1974 or Air Act, 1981. The Environmental Protection Act, 1986 is the Umbrella legislation to deal with the every dynamic issues in relation to environment. The EPA in Schedule III prescribes measure of Noise pollution in a very crude form. Keeping in view the serious health hazard due from noise the Government thought it fit to enact a special law in regulation to control Noise pollution. The enactment of the Noise regulation Rules 2000 under Sec.3 of Environmental Protection Act, 1986, is seen as a comprehensive legislation in control the increase of the noise level in Industrial, [75decibels] commercial [65 decibels] and residential zones [55 decibels]. The rules have prescribe different level of noise in these areas, and have entrust the DC of the district to be the regulatory authority for its strict implementation. The rules  mention of creation of silence zones to define the 100 meters from school, courts, educational institutions and hospitals. The rules also fixes different ambient air quality levels for firecrackers and industrial activities. As regarding use of loudspeaker, the rules stipulate that between 10 .00 pm and 6.00 am there cannot be use of loudspeakers except in closed premises.

The Response of the Judiciary

The judiciary on its part has come up strongly in protecting citizens from the increasing health hazard of Noise Pollution.  A number of case law suggest that the Court have insisted on the strict enforcement of the legal provisions. [ Bijananda Patra Case, Church’s Of God case, Free Legal aid case, P. A Jacob, and others]