FACTS IN BRIEF :- In this case a public interest litigation was filed before the Supreme Court complaining 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. It was submitted that such musical interruptions had become nuisance for residential areas and had made life miserable.
JUDGMENT:- Agreeing with the menacing level of noise pollution prevailing even in the Residential areas, the Supreme Court discussed the legal issues dealing with noise pollution in India, the level of ineffectivity of the environmental laws in India, the methodology of how it was dealt with in other jurisdictions, the environmental standards and rules in India and thereupon issued directions to deal with the situation at hand. These deal with (a) firecrackers, (b) loudspeakers, (c) vehicular noise, (d) creating awareness in the Indian masses etc. Some of the them in particular are,
ï‚· A complete ban on bursting sound emitting firecrackers between 10 pm and 6 am . ï‚· The noise level in a public place not to exceed 10 dB(A) above the ambient noise standards for the area or 75 dB(A) whichever is lower. ï‚· No beating of drums or tom-tom or blow a trumpet or any instrument or use of any sound amplifier at night (between 10. 00 p.m. and 6.a.m.) except in public emergencies. ï‚· No horn should be allowed to be used at night (between 10 p.m. and 6 a.m. ) in residential area except in exceptional circumstances. ï‚· Suitable chapters be added in the text-books which teach civic sense to the children and youth at the initial/early level of education. Special talks and lectures be organised in the schools to highlight the menace of noise pollution and the role of the children and younger generation in preventing it. ï‚· Special public awareness campaigns in anticipation of festivals, events and ceremonial occasions whereat firecrackers are likely to be used to be carried out.
The Court also declared the said guidelines to be issued in exercise of power conferred on this Court under Articles 141 and 142 of the Constitution and consequently the law of the land, applicable and in force until modified by the Court or superseded by an appropriate legislation.
FOR COMMON MAN:- A landmark case in Environment Law, it has made creating noise at night (between 10 p.m. and 6 a.m.) as an offence punishable and also given stringent guidelines as to the reduction of noise pollution in the country as a whole wherein regard has been made to each noise creating source in particular. The Court has played its part, however, much depends upon the ability of the executive to get the directions implemented.
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