The new danger, haunting the man is the danger of self-destruction. In the beginning man's relationship with nature was of mutual harmony. Nature is a synthesis of the five elements air water, soil, fire and ether and man has been living in balanced harmony with nature since time immemorial. But the changes which man has brought about in his environment were largely determined by his necessities, his knowledge and his values. In early days of civilization man developed certain codes of behaviour to protect the environment and his welfare but as patterns of Jiving, population and technology changed along with industrial evolution, early codes of behaviour become inadequate to deal with the developing environmental problems of great technological, sociological and economic complexities.

The recent years have witnessed an unprecedented industrial and technological advancement which though of great benefit for human welfare has brought in its wake a gigantic problem of environmental pollution. The pollution of air, water, soil and noise resulting from industries has reached an alarming and uncontrollable stage and has compelled the attention of global scientists to visualize their utilization for human welfare on the level of national necessity.

Traditionally also, we the Indian are the pollution loving people. The performance of our religious and social ceremonies always result in the air, water and noise pollution. Every occasion or sentiment, in India, is manifested, in a noisy manner-be it a religious occasion, election or a family celebration. We pollute air by bursting crackers on Dussehra, Dewali, Gurpurabs and on the occasions of marriages and other festivals. We pollute our rivers by disposing of our dead bodies and all other human and other wastes. We take out so much wood from our trees for fuel that in many areas trees have become scarce. We are primarily a vegetarian nation, but our wild life is on the verge of extinction, we are lovers of cleanliness and, therefore, broom out all our household and other waste on the public streets. Any space is good enough for us to ease: we are a country which believes in open latrines. Municipalities are oblivious of then- duties and all city wastes, human and industrial effluents, are allowed to flow in open drains and to flood the streets. We are equally fond of noise pollution. Godmen's voice must be heard by all, day and night, and our Ratjagas, Akhandpaths and azan must use loudspeakers and amplifiers; no one should be deprived from hearing God's and Godmen's voice - and Gods too are far away beyond the hell and heaven. Our voice must reach them, otherwise our spiritual needs will remain unministered. We are not less noisy in our secular matters also.  Our marriage and burial processions must be accompanied by bands, twists and Bhangras.[1]

Difference of Sound and Noise :

Noise is a kind of atmospheric pollution. It is a hidden public enemy. The growing menace of noise has increased in the modern period of industrialization and scientific development.

A soft rhythmic sound in the form of music and dance removes boredom and fatigue. It stimulates the brain activities. But its excessiveness adversely affects the living things. It creates tiredness, irritation and impairs brain activities so as to reduce thinking and working abilities.  Some industrial psychologists have defined the term 'noise' differently. In the words of J. Tiffin, 'Noise is an unpleasant sound' which is diagreable for the individual and which disturbs the normal way of an individual'. Vitles says, 'Noise is an unpleasant sound'. Blum defines noise as a distractor and therefore, interfering with efficiency'. According to Harrell, "Noise is an unwanted sound which increases fatique and under some industrial conditions it causes deafness".

On the other hand, sound is the form of energy giving the sensation of hearing and is produced by longitudinal mechanical waves in matter including solid, liquid and gas and transmitted by oscillation of atoms and molecules of matter. Otherwise sound and noise can be taken to mean the same thing, but in considering our acoustic environment we must differentiate between these terms. It is only when the effects of a sound are undesirable that it may be termed as noise.

The Encyclopaedia Britannica explains the terms noise in the following words :

"In acoustics noise is defined as any undesired sound. According to this definition, a sound of church bells may be music to others. Usually, noise is a mixture of many tones combined in a non-musical manner.[2]

The Encylopaedia Americanna defines it as :

"Noise by definition is unwanted sound. What is pleasent to some ears may be extremely unpleasant to others, depending on a number of psychological factors. The sweeted music, if it disturbs a person who is trying to concentrate or to sleep, is a noise to him, just as the sound of a pneumatic riveting  hammer is noise to nearly everyone. In other words, any sound may be noise if circumstances cause it to be disturbing.[3]

Noise levels are measured in decibels, one decibel is the threshhold of hearing. 30 decibels denotes the whispering range. 50-55 decibels may delay or interfere with sleep, 60 decibels is the level of nornal talk: 90-95 decibels may cause irreversible changes in the automatic nervous system; 150-160 decibles prove fatal to some animals [4]. The values of noise quantum of some 01 the cities incur country indicate their pitch in decibel in the noisest area of corresponding cities, viz. Delhi (89), Calcutta (87) Bombay (85), Madras (89), Cochin (80), Madurai (75). The noise level is self-explanatory of the alarming situation in big-cities, situation though is not so alarming in small cities bin nonetheless it is getting worse if timely curb is not planned, the trauma of noise pollution may prove fatal.

In the case of Halsey v. Esso Petroleum Co. Ltd. l961 All ER 145, the scales of decibels were discussed saying between 40 and 60 decibels the noise is moderate, and between 60 and 80  it is loud. Between 8r1 and 100 it is very loud and from 100-120 it is deafening. Noise researchers say that noise levels in excess of 90 decibels for continuous periods is known to cause permanent injury to the ear's internal mechanism. In cities like Bombay, Calcutta and Delhi, the average noise level has brief found to be between 65 and 90 decibels. The effect of environmental noise on the foetal development during pregnancy has been the subject of research, and it is found that constant exposure to noise between 110 and 120 decibels can produce narrowing of vision, vetigo and disruption of equilibrium in the unborn baby The noise level doubles every six years, taking its toll of on hearing. By 2000 A.D., it is possible that no one above age c ten will hear normally.[5]

Sound is produced in many kinds of work and we use an enjoy sound in talks and music. Only when a sound is not like or is unwanted we call it as noise. When the loudness of the sound is irritating or unbearable we regard it as a noise pollution.

Loudness of sound can be measured in terms of energy. The differences between the energy levels of a slow whisper and talking, lecturing, orchestra or a gun shot report, an aeroplane or a large rocket engine are very greatly and if we have to express their energy in terms of wattage, it could need a range from one billionth to about ten million watts. Expression in such a wide scale of measurement of loudness has been devised on a logarithmic scale with a reference of ten. It is called decibel (deci-10 and bel after the name of scientist A Grahmam Bell). Decibel or DB is actually a ratio of loudness with reference to the softest audible sound.

Effects of Noise- Pollution on living and non-living things

The noise pollution has adverse effects both on living and non-living things. In human beings it generally causes disturbances in sleep which lead to number of side-effects. We can discuss it in following categories :

1)  Psychological effects;

2)  Physiological effects: and

3) Effect on Law and Order and National Integration.

1)  Psychological effects

As a result of exposure to high level noise in human beings as well a& in animals many behavioural changes are recorded. The undesired sound causes annoyance. If the source of the sound is not known, it may result intolerable agony  The high level noise can create interruptions in speech communications which can effect performance, lead to errors and lower .output and efficiency. It can cause tension in muscles, nervous irritability and strain. It has been observed that children's performance is poor in 'comprehension' tasks whose schools are situated in busy areas of a city and suffer from noise pollution. Noise, because of lacking rhythm, causes irritation which results in learning disabilities. Sudden noise distrants a person and can create nervousness in him. House-wives working in kitchen with all kinds of electric gadgets have been seen to get headache due to noise and vibrations of these gadgets. People working in printing presses, textile factories etc., are prone to such effects and become deaf due to such noise. The effect of noise reaction varies from individual to individual keeping in view their physiological and mental structure. What is pleasant to some ears may   be extremely unpleasant to others depending upon a number of psychological factors.

2) Physiological Effects :

The prolonged exposure to excessive noise produces varying degree of inner ear damage which is initially reversible. When a stage is reached at which hearing loss no longer returns to its original level, it is called noise induced hearing loss or permanent threshhold shift. High level of noise can stimulate the vestibular receptors situated in the inner ear with an effect of vertigo and vestibular nystagmus, as reported in Jet aircraft personnel exposed to noise levels higher than 120 db.[6]

The psychologists and psychiatrists have noted the connection between excessive undesired noise and mental disorder. The noise to which most of us are exposed day and night are recognised as a major factor in the so-called tension- related diseases ranging from stomach ulcers to neuroses. The exposure to noise may interfere with speech communications, cause annoyance and distract, reduces output and efficiency and affects morale, cause fatigue and affect mental health. The physiological effects of noise pollution are more serious and dangerous.

Noise also produces physiological effect on human body. It has been observed that several birds have stopped laying eggs. Due to noise, animals change their places. There is a decrease in migratory birds to a place if it is subject to noise. The prolonged Chronic noises can also produce stomach ulcers as it may reduce the flow of gastric juice and change its acidity. It may lead to abortion and other congenital defects in unborn children.

3) Effect on Law and Order and National Integration :

There are cases when the noise of loudspeakers had created the problem of law and order. It had resulted in communal riots and adversely affected the national integration. Such incidents took place in Meerut in April 1987. Originally, it was alteration over the use of loudspeaker which was being used by one community on the occasion of Jasuthan Ceremony of a newly born son.[7] Once again the noise of loudspeakers created the problem of law and order in the aforesaid city. It was when the indiscriminate use of loudspeakers from religious places was made to instigate the people of one sect against another which threw the city into flames of communal riots resulting into the loss of the life of innocent person? and destruction of public and private property The Additional District Magistrate, Meerut had to issue an order under section 144 of the Code of Criminal Procedure, 1973 to control the situation. The use of loudspeakers had to be banned to check the activities of anti-social elements.

The similar situation of communal riots occured in Moradabad city of Uttar Pradesh and the loudspeakers had to be banned to control the law and order situation. The extremists, especially in the states of Punjab and Jammu & Kashmir had been noticed frequently using the loudspeakers to propagate the anti-national activities threatening the national unity and integration of the country.

Effect on Non-Living Things

The high intensity of noise can have the adverse effect on non-living things like buildings. The noise created by moving jet planes, trains etc. leaves waves of sound like waves left behind by motor boats on water surface. These sound waves are known as sonic booms. When these booms hit the grounds they cause rottling of window panes or even damages to building structures.

From the above discussion, we can see the adverse effects of noise pollution on the Jiving and non-living things. There is the need to control the noise pollution. In India after the Stockholm Conference of 1972, the Water (Prevention and Control of Pollution) Act 1974 and Air (Prevention and Control of Pollution) Act 1981 were passed to control the water and air pollution. A- general law, under the name of Environment Protection Act, 1986 was also passed by the Parliament. But no comprehensive law to control the noise pollution has yet been passed in India. However, the provisions to control the noise pollution exist under various Acts in a scattered manner . These provisions are as follows :

1.       Code of Criminal Procedure, 1973

Under S. 133 and S. 144 of the Cr.P C the Executive Magistrates have been authorized to issue certain conditional orders. This section empowers the magistrate, on police report or on other information, to remove, prohibit or regulate any public nuisance or any trade or occupation injurious to health or physical comfort of the community. As noise sometimes amounts to public nuisance and also may cause physical discomfort to the people, its control will lie within the ambit of the aforesaid sections of the Code.

2  Indian Penal Code 1860

Chapter XIV of the Indian Penal Code deals with offences relating to the public health, safety, convenience, decency and morals under sections 268, 269, 270, 278, 279, 280, 287, 288, 290, 291 and 294. Noise pollution can be penalised with the help of above sections. The legal solutions to noise pollution may be characterised as private or public remedies. But in certain cases private citizen cannot sue where large public interest is to be served such as carrying out of highways, construction of airports, operation to clear forests etc.

3. Police Act, 1861

S. 30 (4) of the Police Act 1861 authorizes the Superintendents of Police to regulate the extent to which music may be used in streets on the occasions of festivals and ceremonies in public places This provision of the Act is quite inadequate as it merely meets the problems of musical noise on the occasion of festivals and ceremonies in public places and if is also silent if the musical noise arises from private premises or on occasions other than festivals and ceremonies.

4. Workmen's Compensation Act 1923

S. 3 of the Workmen's Compensation Act 1923, creates the liability of employers to pay compensation to their workers in case of injuries caused in the course of employment. The injuries include absolute deafness and hearing impairment caused by noise. But this Act provides for compensation only and no provision for control is there. S. 4 of the Act needs to be amended to impose heavy penalty in such cases.

5. Air Craft Act 1934

S. B(A) of the Air Craft Act 1934 empowers the Government to enact the rules for the protection of public health. But no specific provision for the control of noise pollution has been made under this Act also.

6. The Factories Act 1948

The problem of industrial noise as a cause of disease has been covered under third schedule of the Factories Act 1948. It contains a list of noticeable diseases including the disease of hearing loss caused by noise.

The problem of noise can indirectly be covered under S. 11 of this Act which provides that the factory shall be kept clean and free from effluent arising from any drain, privy or other nuisance, wherein the noise, being an act of nuisance may also be covered.

In this Act also, the noise pollution has not specifically been included in the definition of "hazardous process" under section 2.

7. Air (Prevention and Control of Pollution) Act 1981

Although originally, the Air (Prevention and Control of Pollution) Act 1981, was enacted exclusively for the control of air pollution, but by Amendment Act 1987, the problem of noise was also covered within the definition of air pollutants under section 2(1). In this Act also no specific provision for the control of noise pollution has been made.

8. Environment (Protection) Act 1986

S. 3 of the Environment (Protection) Act 1986 also empowers the Central Government to take all such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of the environment and controlling and abating environmental pollution and no specific provision for control of noise pollution has been in his Act.

9. Motor Vehicles Act 1988

S.110(h) of the Motor Vehicles Act 1988 empowers the Central Government to enact rules for the reduction of noise emitted by vehicles. Similarly, the states are also empowered under S. 111(b)(c) & (g) of the Act to make rules for regulating the audible signals, appliances likely to cause annoyance, radios, tape-recorders, audio-visuals etc. But this Act also deals only with noise pollution caused by motor-vehicles.

Similarly, some states have also enacted certain laws to deal with the control of noise pollution. These are under S. 298 of the Uttar Pradesh Municipalities Act, 1916; Rule 5 of the Delhi Motor Vehicle Rules 1940; Rule 115 of Uttar Pradesh Motor Vehicles Rules 1940; S. 3 of Madhya Pradesh Control of Music and Noises 1951: S. 33(1) of Bombay Police Act 1951: Ajmer Sound and Amplifiers Control Act 1953; Bihar Control of the Use and Play of Loudspeakers Act 1955; Punjab Instrumental (Control of Noise) Act 1956; Delhi Police Act 1978 etc. But these provisions of the state laws are inadequate to control the noise pollution effectively.

It is important to note that in India, there is no law which exclusively deal with problems of noise and its control, though the Indian Constitution embodies the provisions under Articles 48-A and 51(A) (g) which deals with the improvement and protection of environment under Directive Principles of State Policy and the Fundamental Duties, respectively. The Supreme Court in Subhas Kumar v. State ofBihar3 has declared pollution free air and water as fundamental right under Article 21 of the Constitution.

In other countries the comprehensive laws to deal with the problem of noise pollution have been enacted. For example, in United States of America, the Federal Environment Policy and Noise Control Act, 1972; New York City Noise Control Code 1972; Chicago Noise Control Act 1971; Connecticut Highway Noise Control Act 1971; in U.K. Noise Abatement Act 1960 and part Itl of the Control of Pollution Act 1974; and in Japan, Japanese Noise Regulation 1968 are effectively working for the control of Noise Pollution in those countries. Similarly, there is an urgent need to enact a comprehensive law by the Parliament for the control of Noise Pollution in India also.

Conclusion and Suggestions

1.       In the absence of a comprehensive law there is lack of coordination between various departments of the Government.  For example, in the same areas, the planning department of the city sanctions the plans for construction of residential houses and on the other hand, the Industries department grants the licenses for factories. As a result the inhabitants are facing lot of difficulties in such areas due to industrial pollution.

Therefore, the coordination among various departments of Govt., must be ensured under a Central law

2.       It is difficult to place restrictions on noise produced by railway engines
and aeroplanes as these are to be used by the public. However, certain devices can be applied to abate such noise e.g. railway tracks should not pass through the residential areas especially for shunting and                               aerodromes should be constructed far away from the residential areas.

3.       Awareness programmes about the effects and control of noise pollution should be launched at national level. The educational institutions and voluntary organisations should be involved in this important issue.

4.       The equipment of industries and vehicle should be so designed that it may control the noise pollution at the starting point.

5.       The services of media should be taken for educating the people regarding effect and control of noise pollution.

6.       The design of the buildings etc. should be so made to minimise the effect of noise pollution in such houses.

7.       The industrial units in the residential areas should be closed and a separate Industrial Complex outside the cities should be earmarked and no residential accommodation should be allowed near this Area.

8.       The bursting of crackers should be regulated.

9.       The playing of loudspeakers at religious places and ceremonies should be restricted to the compounds of such places.

10.     The implementing machinery of the Government thould be strict and honest in implementing the law's effectively.

11.     The existing law is scattered in different Acts and it deals with certain specified problems like vehicular noise pollution, air craft noise pollution, loudspeakers etc. Therefore, the need of the day is to enact a comprehensive law dealing with Noise Pollution Control like Air and Water Pollution Control Acts. Such law can be made on the pattern of Noise Pollution Control laws of USA, UK, Japan etc.

In the light of the above, we can conclude that there is an ucgent need to enact a comprehensive law by the Parliament to deal with control of Noise Pollution. The Central Government should take immediate steps in this regard to overcome this problem.