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LEGAL PERSPECTIVE RELATING TO NOISE POLLUTION IN INDIA
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LEGAL PERSPECTIVE RELATING TO NOISE POLLUTION IN INDIA
AUTHORED BY -
NAVVINDER SINGH
ABSTRACT
Commotion is result of all that we do. It shapes part of our regular
foundation and generally we simply acknowledge it or possibly endure it. By and
by, commotion has the ability to cause struggle between the people who are
creating it and the individuals who hear it however don't wish to. Thus, Clamor
contamination has turned into an incredible disturbance nowadays. It is
spreading quick to the point that it has begun dirtying the climate of the
general public. Because of fast development of urbanization, industrialization
and headway of science and innovation, the issue of commotion contamination has
arisen as one of the difficult issue and it has turned into a serious test of
the personal satisfaction of individuals in a large portion of the nations.
Humankind's ability to make clamor has expanded decisively. Commotion
encompasses us, the thunder of vehicular traffic, the clamor of groups, fast
industrialization, and the section of trains and planes. The home can likewise
be attacked by commotion, the intensified music and canines may likewise become
reasons for clamor. Under this article we will basically examination legitimate
arrangements with respect to control of commotion contamination in India.
Keywords: Noise, effect, Pollution,
Nuisance, Crime, Law, Sound, Environment, Industrialization, Urbanization,
Rights.
INTRODUCTION: -
Noise in recent years has emerged as one of the important pollutants
of environment. As a matter of fact, it needs some regulation for its control
like the Air Contamination act and Water Contamination Act however no
regulation for it has yet been sanctioned regardless of the reality issue of
commotion is, not the slightest bit, less fragile than the issue of air and
water contamination. Presumably, there are some local and state establishments
which straightforwardly or in a roundabout way connect with the issue of
commotion; be that as it may, there is no particular regulation in India as in
a few different nations to address the developing difficulties of clamor
contamination on public level. Clamor of dhol, dhapli, bigul and shankh has
been in the base of our Indian Culture. There is not really any strict service
or celebration in India being performed with next to no commotion. In any case,
because of the fast development of urbanization and industrialization,
commotion has turned into a serious test to the personal satisfaction of
individuals in the majority of the industrialized countries. Clamor has rather
turned into an extremely durable component in the ordinary existence of
individuals. The commotion conveys its unfriendly impacts on human wellbeing,
creatures and birds via causing different wellbeing risks. Accordingly
commotion is ready to challenge to human endurance. Another issue of clamor
contamination arose as of late in India is a result of the aimless utilization
of amplifiers. Its aimless use from strict spots and in execution of strict
functions and talks at times makes it so challenging for individuals to partake
in their essential opportunities with all human poise. Almost certainly in
India, authorizations for natural security exist, yet the gravity of the issue
of commotion contamination has not yet been acknowledged by the Public
authority. Nonetheless, commotion has been incorporated inside Area 2 of the
Air Contamination Act and further under Segment 6(b) of the Climate Insurance
Act empowering the Focal Government to establish the guidelines for the control
of clamor contamination. In compatibility thereof the Public authority advised
Encompassing Air Quality Norms in regard of noise10. The Focal Contamination
Control Board has additionally supported Clamor Principles for various
wellsprings of commotion, which have not yet been told by the Public authority.
No doubt, these noise standards may be helpful in controlling the problem of
noise to a greater extent, however, to control the rapid growth of noise in the
country and to keep the environment noise-free for the people, some specific
and strict legislation to solve the problem of noise pollution has become an
urgent need of the day[1].
Noise pollution simply means when there is a lot of noise in the environment
which is consequentially harming the environment then it can be termed as noise
pollution. Section
2(a) of the Air (Prevention and Control of Pollution) Act, 1981 states that
noise is actually a part of air pollutant. Noise can be defined as unwanted or undesired sound. Noise
is a type of atmospheric pollution in the form of waves. It is a shadowy public
enemy. It has increased in the modern age of industrialization and
technological advancement. Noise
pollution can cause health problems for people and wildlife, both on land and
in the sea. Like that unwanted sound, or noise, can have a large impact
on the marine environment, because noise can blanket a very large area,
potentially preventing fish or whales from hearing their prey or predators, finding
their way, or connecting with mates, group members, or their young. From traffic noise to rock concerts,
loud or inescapable sounds can cause hearing loss, stress, and high blood
pressure.[2]
Noise pollution did not create much public concern due to ignorance
about the serious effect of noise on both workers in industry in particular and
the public in the community in general. Noise is an important environmental
pollutant like noxious gases that befoul our air, water and soil. It destroys
bridges and produces cracks in buildings. The noise can cause skin and mental
diseases. It has been revealed that noise is a technology created problem.
According to Robert Koch a Nobel prize winner German bacteriologist "A day
will come man will have to fight merciless noise as the worst enemy of
health."[3]
The problem of noise pollution has already crossed the danger point and noise
like smog, is threatening as a slow agent of death. It is hard to find, even in
rural areas, any place where the only sound are those produced by nature.[4]
THE CONSTITUTIONAL PROVISIONS
There is no whisper of
noise or noise pollution as such in the Constitution of India. However, during
festivals like Diwali, Dussehra, Holi, Idd (during Ramzan) and Christmas etc,
including family programs like marriage and birthday, the Indian people
developed tradition to create noise by use of high intensity microphones and
loudspeakers etc. These ingredients are enormous source of noise pollution.[5]
The Constitution of India
did not have any specific provision
directly dealing with noise pollution.[6] Article
47 of the Directive Principles of state policy is only general provision which
deals with environment in general, which reads as under:-
"The state shall
regard the raising of the level of nutrition and standard of living of its
people and improvement of public health as among its primary duties". Article
21 of the Constitution which deals with the right to life and personal liberty
was not of much help in the beginning as it was given a very restricted and
narrow meaning. This Article runs as follows:-
"No person shall be
deprived of his life or personal liberty except according to procedure
established by law".
But in due course of time
the problem of pollution and environment started drawing attention of
environmentalists. In the year 1972 our Prime Minister, late Mrs. Indira Gandhi
attended the United Nations Conference on Human Environment and Development at
Stockholm[7].
In that conference the following two resolutions were passed[8]
which are known as the Magna carta of our environmental law:
(a) Man has the fundamental right to
freedom, equality and adequate conditions of life in an environment of quality
that permits a life of dignity and well being; and
(b) Man bears a solemn responsibility to
protect and improve the environment for present and future generations.
The declaration further
resolved that the natural resources must be safeguarded for benefit of present
and future generations through careful planning or management. [9]
(a) The heritage of wildlife and its
habitat should be safeguarded.[10]
(b) Economic system should be protected
and struggle against pollution should be
supported.[11]
supported.[11]
(c) Pollution of sea should be prevented.[12]
(d) Economic and social development is
essential for ensuring a favorable living and working
environment of man for the improvement of the quality of life.[13]
environment of man for the improvement of the quality of life.[13]
(e) State should adopt an integrated and coordinated
approach to their development
planning.[14]
planning.[14]
(f) Education in environment matter is
essential and mass media should help in this.[15]
The Stockholm declaration
is an important so far as the international and national environmental movement
is concerned. The General Assembly of the U.N. also passed a resolution on 15th
December, 1972 emphasizing co-operation between the states in the field of
conservation of human environment. June 5th is designated as the
World Environment Day by the U.N. and it has urged the member states to undertake
on that day every year worldwide activities reaffirming their concern for the
preservation and enhancement of the environment. [16]
In 1976 that a commitment
to protect the environment was made through a Constitutional amendment which
added a new directive principle of state policy under part IV of the Indian Constitution
by including Article 48-A which reads:
“The state shall endeavor
to protect and improve the environment and to safeguard the forest and wildlife
of the country”. Another important provision relating to environment protection
has been added by the same amendment as a fundamental duty of the citizens
under Article 51-A(g) which reads: “It shall be the duty of every citizen to
protect and improve the natural environment including forests, lakes, rivers and
wildlife and to have compassion for living creatures. ”
Thus, India became one of
the few countries to give commitment to environment protection and improvement.
These amendments[17]
introduced a new dimension in the public responsibility by obligating the
Government of India to protect and improve environment for the good of society
as a whole.[18] So the Constitution
makes a dual provision by way of directives to the state for the protection and
improvement of the environment and imposing a duty on every citizen to help in
the preservation of natural environment. [19]
(i)
Fundamental Rights and the Environment
The Constitution
of India, in its preamble ensures to secure justice to all its citizens;
social, economic and political. Everyone has therefore, a fundamental right to
get social justice. Hence, to provide pollution-free environment is also the part
of social justice without which the survival of mankind would be too difficult.
Thus, right to health becomes primary to all the fundamental rights and
enjoyment of all other fundamental rights like right to equality, freedom,
religion, becomes dependent upon right to healthy environment. To remain
healthy, one is closely associated with clean environment, free from all types
of pollutions.[20]
Over the
last more than twenty years the Indian legal executive has encouraged a broad
and imaginative law on ecological privileges in quest for a superior general
wellbeing organization in the country. Not just has the High Court decided that
each individual has a key right to the delight in contamination free water and
air, however it has been willing to determine complex matters of ecological
administration as per this test, and has formed a progression of creative
procedural solutions for organization the new meaningful right. Besides, in a
nation where the most serious expense of natural harm fall upon devastated and
ignorant gatherings with restricted admittance to the courts, the new
ecological right is supported as a legal gateway to speedy and inexpensive
legal remedy.[21]
(a) Article
21 and Right to Healthy Environment
Article 21 “No
person shall be deprived of his right to life and personal liberty except
according to procedure established by law”. Article 21 enshrined in Part III of
the Constitution provides to its citizens, the right to life and liberty. This
right has been transformed into positive right by the activist judicial interpretation.
Until the advent of Maneka Gandhi’s case,[22]
all the fundamental right were considered to be negative in nature, imposing
only negative obligation on the state, which prohibited the state to interfere
with the enjoyment of these rights. But in this case, the Supreme Court for the
first time transformed it into a positive right by imposing an affirmative duty
on the state. The post Maneka era has witnessed an unprecedented judicial
activism in the country, elevating Article 21 of the position of a brooding
omnipresence and converting it into a sanctuary of human value. Article 21 of
the Constitution of India guarantees all citizens fundamental right to life and
personal liberty. This Article has received expanded meaning from time to time
and there is no justification as to why right to live in a healthy environment,
cannot be interpreted in it. For health, existence and preservation of the
essential ingredients of life stable ecological balance is required. Article 21
guarantees a fundamental right to life "a life of dignity, to be lived in
a proper environment, free of danger of disease and infection." The talk
of fundamental rights and in particular right to life would become meaningless
if there is no healthy environment. The judicial grammar of interpretation has
made right to live in healthy environment as the sanctum
sanctorum of Human Rights.[23]
(b) Article
19 and Noise Pollution
A few individual
flexibilities have been ensured by the Constitution of India to the resident of
the country, which are extremely essential for human endurance and the delight
in noble life. Article 19 (1) ensures the right to speak freely of discourse
and articulation, to collect serenely, and without arms, to shape affiliations
or associations, to move openly, all through the region of India, to dwell and
get comfortable any of the domain of India and to rehearse any calling or to
continue any occupation, exchange or business. In Article 19 (2) state is
enabled to force sensible limitations by making any regulation for this reason.
The sensible limitation on the activity of the right to speak freely of
discourse and articulation could be forced in light of a legitimate concern for
power and uprightness of India, the security of the State, well disposed
relations with the unfamiliar State. Public request, fairness or profound
quality, or corresponding to disdain of court, criticism induction to an
offense. The right to speak freely of discourse and articulation ensured under
Article 19 (l) (a) of the Constitution of India incorporates, by vital
ramifications opportunity not to tune in or potentially to stay quiet. One
can't practice his right at the expense and in complete hardship of different
privileges. A right cannot be conferred by the authorities concerned upon a
person or a religious organization to exercise their right suspending and/or
taking away the rights of others.[24]
(c) Noise
Pollution and Right to Religion under the Constitution
India is a secular
country Article 25 of the Constitution of India gives equal opportunity to each
religion of the country to practice and propagate its own religion. On the off
chance that anyone wants to engender his strict thoughts as ensured under Article
25, it is plausible through the activity of his major right to speak freely and
articulation under Article 19 (1) of the Constitution. The issues become
intense when individuals cause commotion contamination by utilizing amplifier
under the affection of practicing of their right to religion. Presently it is
very much settled that the option to spread one's religion implies the option
to convey an individual's conviction to another or to uncover the occupant of
that confidence. The inquiry is whether the option to spread religion
incorporates the option to involve amplifiers and receivers to recite strict
occupants or strict texts and the indiscriminate use of microphones or
loud-speakers during religious performance in the society.[25]
Moulana
Mufti Syed v. State of West Bengal and Ors.
1998[26] In this case there
were certain restrictions imposed in the State of West Bengal regarding the use
of microphones. The restriction was that microphones cannot be used from 9 p.m.
to 7 a.m. and only public authorities can use microphones in that time period. The
petitioners filed a writ application. The petitioners stated that azaan is part
of their religion and such restrictions are violating their Article 25 which
allows freedom of religion. The court disposed of their petition and it stated
that other people cannot be forced to listen to such azaan and the following
restriction is not violating their Article 25 by any means and the police under
the state of West Bengal were directed to confiscate any microphone used before
7 a.m.
(ii)
Directive Principles of
State Policy
Part IV of the Constitution
deals with directive principles of state policy. The Directive principles revered
in our Constitution are replicated from the Constitution of Ireland. While
establishing regulations for the Administration of country, the Public
authority, need to remember the order rule of state strategy. Anyway in the
first Constitution of India, there was no particular arrangement connecting
with climate assurance to some extent IV of the Constitution. Just arrangement
which was of some importance was Article 47 of the Mandate standards of state
strategy which peruses, "The State will respect the raising of the degree
of sustenance and way of life of its kin and improvement of general wellbeing
as among it is essential obligations". The improvement of general
wellbeing will likewise incorporate the security and improvement of climate
without which general wellbeing can't be guaranteed. The Constitution (Forty
second revision) Act, 1976, added another order rule in Article 48-Adealing
explicitly with assurance and improvement of climate it provides:-
“The State
shall endeavour to protect and improve the environment and to safeguard the forests
and wildlife of the country.”
(iii)
Fundamental Duties
A new provision in
the form of “Fundamental Duties” as Article 51 A was incorporated by the 42nd Constitutional
amendment. Article 51-A (g) specifically deals with fundamental duty with
respect to environment. It states “It shall be the duty of every citizen of
India to protect and improve the natural environment including forests, lakes,
rivers and wildlife, and to have compassion for living creatures.” Article 51
A(g) if read with Article 51 A (j) it may give probably a better result. Article
51 A (j) read as follows. “It shall be the duty of every citizen of India to
strive towards excellence in all spheres of individual and collective activity
so that the nation constantly rises to higher levels of endeavour and
achievements.” The scope of Article 51A (g) was examined by the High Court of
Rajasthan in L.K. Koolwal v. State of
Rajasthan,[27]
Under the Rajasthan Municipalities Act, 1959, the Municipal Authority
is charged with the primary duty “to clean public streets, sewers and all
spaces and places, not being private property, which are open to the enjoyment
of public, removing of noxious vegetation and all public nuisances and to
remove filth, rubbish, nigh soil, noxious or offensive matter.” The petitioner
L.K. Koolwal moved a writ petition under Article 226 of the Constitution before
the Rajasthan High Court showing that the municipality has failed to discharge
its “primary duty” resulting in the acute sanitation problem in the city of
Jaipur which is hazardous to the life of the citizens of Jaipur.
The High Court
while pronouncing the judgment explained the true scope of Article 51A in the
following term:-
We can call Article
51A ordinarily as the duty of the citizens. But in fact it is the right of the
citizens as it creates the right in favour of citizens to move to the Court to
see that the State performs its duties faithfully and the obligatory and primary
duties are performed in accordance with the law of the land. Omissions or
commissions are brought to the notice of the Court by the citizen and thus, Article
51-A gives a right to the citizens to move the Court for the enforcement of the
duty cast on state instrumentalities, agencies, departments, local bodies and
statutory authorities created under the peculiar law of the state.
CONTROL OF NOISE POLLUTION UNDER THE CRIMINAL LAW
The Indian Penal Code, 1860
The problem of noise
pollution can be tackled under the criminal law as well. Noise Pollution
Control under the Indian Penal Code (1860) Noise is considered as public
nuisance under Section 268[28]
of the Indian Penal Code and thus, there is a criminal liability of a person
relating to his illegal omission resulting in common injury, danger or
annoyance to the people in general. The acts of public nuisance have been made
punishable under Section 290 of the Indian Penal Code which provides that
whoever commits a public nuisance in any case not otherwise punishable by the
Code shall be punished with the fine which may extend to two hundred rupees.
Chapter XIV of India Penal Code deals with offences relating to the public
health, safety, convenience, decency, and morals under Section 268, 269, 270,
278, 279, 280, 287, 288, 290, 291, and 294. Sections 188, 295, 296, 337, 399,
441, 425, 426, 503, noise pollution can be penalized with the help of above Sections.
The legal solutions to noise pollution may be characterized as private or
public remedies.
The Bharatiya Nyaya
Sanhita, 2023 Bill was
introduced in Lok Sabha on August 11, 2023. IPC is the principal law on
criminal offences. Categories of offences covered under it include those
affecting: (i) human body such as assault and murder, (ii) property such as
extortion and theft, (iii) public order such as unlawful assembly and rioting,
(iv) public health, safety, decency, morality, and religion, (iv) defamation,
and (v) offences against the state.
The Code of Criminal Procedure, 1973
The provisions of
Criminal Procedure Code, 1973 (Cr.P.C.) can also be invoked to prevent the
pollution of almost all kinds, including noise pollution. Under S.133 and S.144
of the Code of Criminal Procedure, the Executive Magistrates have been
authorized to issue certain conditional orders. This Section empowers the
Magistrate,[29] 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 amount 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.[30]
The object of such order is to face the problem of law and order temporarily as
the duration of such order is merely of two months.
Ram Autar v. State of Uttar Pradesh, 1962[31] The appellant, in this
case, used to sell vegetables. In the process of selling, he used to auctions
the price of vegetables which caused disruptions and nuisance. This auctioning
was used to be carried out in private but still, it caused disruptions. The
Court passed a restraining order in auctioning. Later the Supreme Court
repealed the orders and stated that under Section 133 of CrPC and stated that Section
133 was not made to stop such trade merely on the ground of disruption and
discomfort. Hence, the appellant was allowed.
The
Bharatiya Nagarik Suraksha Sanhita, 2023 Bill was introduced in Lok Sabha on August 11, 2023. The bill’s
Sections 152-162 provide for the procedure control the public nuisance.
NOISE POLLUTION (Regulation and Control) RULES 2000
The Noise Pollution (Regulation and Control) Rules, 2000
framed by the Central Government under the provisions of Environment
(Protection) Act, 1986 read with Rule 5 of the Environment (Protection) Rules
1986. The assertion of articles and reasons of these Guidelines gives that the
rising surrounding commotion level in broad daylight places from enterprises,
development exercises, generator sets, amplifiers, public location frameworks,
music frameworks, vehicular horns and other mechanical gadgets maliciously
affect human wellbeing and the mental prosperity of individuals. Consequently,
it is viewed as important to manage and control commotion creating and
producing sources with the target of keeping up with the surrounding air
quality principles in regard of clamor.
Under these Guidelines the amplifiers or public location
framework will not be utilized besides in the wake of getting composed consent
from the skillful power or an amplifier or public location framework will not
be utilized around evening time (between 10.00 p.m. to 6.00 a.m.) besides in
shut premises for correspondence inside, e.g., Auditorium, Conference rooms,
Community halls and Banquet Halls.[32]
Under these Rules, whoever, in any place covered under the
Silence Zone area commits any offence relating to noise pollution shall be
liable for penalty under the provisions of the Act[33]
or the competent authority shall take action against the violator in accordance
with the provisions of these Rules and any other law in force.[34]
Thus, these are the various provisions provided under the
Noise Pollution (Regulation and Control) Rules, 2000. But these rules are
inadequate to cover the whole area for controlling of noise pollution.
Recently, the Supreme Court[35]
gave directions to amicus curiae to give suggestions to implement the noise
standards with regard to firecrackers. In response to the court's earlier order
issued in 1998, inability has been shown about implementing noise standards
prescribed under the Rules of 2000 because of lack of manpower as well as
equipment and infrastructure for enforcing the noise pollution. The Central
Pollution Control Board suggested that power to issue licenses for manufacture
and sale of fire crackers should be vested in State Government.
ANALYSES OF NOISE POLLUTION (Regulation and Control) RULES, 2000
The critical examination of the Environment (Protection ) Act
& experience[36] during
past years has proved that the Act is inadequate and insufficient for
controlling the noise pollution. The various drawbacks of the Act are as
follows:-
1. Present Rules under the Act does not cover
the whole area for controlling of noise pollution. It only covers the noise of
loudspeakers and amplifiers within the area of its operation. The noise of
aircrafts, trains, domestic animals, transport, industry and commercial
establishments has not been covered by the Rules.
2. The punishment provided under the Rules is
not adequate and deterrent as compared to effect of noise on the health and
environment. Because of providing less punishment the Act becomes inadequate.
No time limit is prescribed in the Rules for trial under the Act. The delay in the
decision frustrates the object of the Act.
3. There are no provisions made under the Rules
for public awareness, public participation or public coordination for
controlling the noise pollution.
4. There is wide gap between the Act in theory
and its implementation in practice.
5. Under Rule 4(2) of the Act authority is
responsible for the enforcement of noise pollution control measures. But the
role of the authority to control the noise pollution is inactive.
6. There is no provision for coordination
between the different Departments of Government in the Rules for controlling
noise pollution. 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 Industrial 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
the Government must be ensured under these Rules.
7. There are no provisions for permanent
restrictions on noise producing areas for controlling of noise pollution. So,
these are various limitations of Rules for controlling noise pollution. Many
provisions which could be helpful to control noise pollution should be
maintained in the Rules. These provisions should be implemented in the whole
country. The provisions for public awareness, public coordination and public
participation to control noise pollution should be mentioned in the Rules.
These Rules just cover the Clamor of amplifiers and enhancers inside the
region of its activity. In this way, the commotion from different sources ought
to be covered by these Standards. Legitimate discipline should be given in
these Standards. The coordination among different divisions of Government
should be guaranteed under these Guidelines for controlling commotion
contamination. Long-lasting limitations for controlling clamor contamination
should be given under these Principles.
THE POLICE ACT, 1861
The Police Act, 1861[37]
covers the issues of clamor emerging from music, which is one of the parts of
commotion contamination. Under the arrangements of this Act Administrators of
Police are approved to manage the degree of which music might be utilized in
roads on the events of celebrations and services. Notwithstanding, the extent
of the said arrangement is extremely restricted on the grounds that under the
said arrangement just the issue of melodic clamor on the events of celebrations
and services openly can be controlled and it is quiet about the melodic
commotion which emerges from private premises or on events other than
celebrations or functions.
The State Government may, liable to such agreements as are
important to diminish commotion contamination, license utilization of
amplifiers or public location frameworks during night hours (between 10.00 p.m.
to 12.00 12 PM) on or during any social or strict happy event of a restricted
span not surpassing fifteen days in all during a schedule year and The loudspeaker or a public address
system shall not be used at night (between 10.00 p.m. to 6.00 a.m.) except in
closed premises for communication within, e.g. auditoria, conference rooms,
community halls and banquet halls.
Further the Supreme Court of
India has passed the following directions in Noise Pollution Forum, Prevention of Envn. &
Sound Pollution Vs. Union of India and Anr[38]:-
1. The
noise level at the boundary of the public place, where loudspeaker or public
address system or any other noise source is being used shall not exceed 10
dB(A) above the ambient noise standards for the area or 75 dB(A) whichever is
lower.
2. No
one shall beat a drum or tom-tom or blow a trumpet or beat or sound any
instrument or use any sound amplifier at night (between 10.00 p.m. and 6 a.m.)
except in public emergencies.
3. The
peripheral noise level of privately-owned sound system shall not exceed by more
than 5 dB(A) than the ambient air-quality standard specified for the area in
which it is used, at the boundary of the private place.
THE MOTOR VEHICLES ACT 1988
The Central Motor
Vehicle Act of 1939 was amended in 1988 to regulate vehicular emissions.
Although Air Act 1981 and Environment (Protection) Act, 1986 provide for the
prescription of automobile emission standard by Central Pollution Control Board
or Ministry Environment and Forests, Yet the implementation and enforcement of
these standards is the responsibility of Union Ministry of Surface Transport or
the Transport Commissioner at the state level as the case may be. State
Government are empowered under Section 20, 21J, 41, 68, 68 (1) 70, 90 and 111A
of Motor Vehicles Act 1939 to make rules for the maintenance of motor vehicles
and control of noise produced by them in their jurisdiction. It is matter of
notice that motor vehicles Rules as framed by the various states do not curb
the noise pollution effectively. However up to limited extent rules have
control over the horn and silencers.
In P.I.L Civil No. 15385
of 2021 Noise pollution through modified silencers (Suo moto) (P.I.L) v. State of
U.P and Ors[39]
Section 52 and Section 190 (2) of the Act, 1988, Rule 3 of the Rules, 2000 and
Rule 120 of the Rules,1989, it is consequently evident that development of such
bikes or different vehicles after expulsion or change of the commotion
suppressors or changing the silencers of such vehicles which makes enormous
clamor contamination as well as bother the resident involves grave concern
which at the start ought to have been investigated and tended to and reviewed
by the specialists concerned. Be that as it may, when the specialists have not
wanted to investigate the matter, it is for this Court to consider the
commotion contamination being caused through the vehicles and hence this Court
considers the clamor contamination. State specialists investigate the matter
and make a severe move as per regulation and crackdown on such vehicles causing
contamination through changed silencers.
Mohan Krishna H v. The Union of India on 17 February, 2021.[40] In this case existing
punitive provision in the Central Motor Vehicles Amendment Act Section 194(F) new clause(c) can
be added as who-ever sells or deals with the fitment
of modified silencer / tampered silencer to the motor vehicles shall be
punishable with a fine of Rs.50000 or imprisonment which may extend to 3
Months. The amendment to the Noise Rules, 2000 for the Rule 5(A), in the
headlines, the words "silencers" shall be inserted after the words
horns.
There have been two recent
amendments to the Motor Vehicles act. One was in 2019 and the latest in 2022
both deal with third-party insurance and claims management, including filing
claims with the Motor Accident Claims Tribunal[41].
CONCLUSION
It is the need of time to have a rigid rules and regulations
regarding prevention and control of noise pollution. But there is a need for
creating general awareness towards the hazardous effects of noise pollution.
Particularly, in our country the people generally lack consciousness of the bad
effects which noise pollution creates. Holding of special talks and lectures
can be organized in the schools to highlight the menace of noise pollution and
the role of the children in preventing it. Every person has a duty to check and
prevent pollution. The power of The Supreme Court must be widened with respect
to environment pollution so that court could apply their mind beyond the doors
and windows of the court in order to enforce the environmental matters in to.
[1]availableat:https://home.uchicago.edu/~mstaisch/Sharad/papers/Legislative%20Aspects%20of%20Noise%20Pollution.pdf
(visited on 27.08.2023)
[2] available at: https://awionline.org/sites/default/files/uploads/documents/Weilgart_Biodiversity_2008-238105851-10133.pdf
(visited on 27.08.2023)
[3] Vijaya lakshmi. Dr. (Miss) K.S. “
Noise Pollution” (597) in Martin J. Bunch, v. Madha Suresh and T. Vasantha
Kumaran, eds, Proceeding of the third International Conference on Environment
and Health, Chennai, India, 15- 17 December, 2003. Chennai: Department of Geography,
University of Madras.
[4] Bijayananda Patra v. District
Magistrate, Cuttak, AIR 2000 Ori. 70.
[5] S.C. Tripathi, Environmental Law
446 (Central Law Publication, 7th Ed., 2019).
[6] G.K. Nagi, M.K. Dhillon and G.S.
Dhaliwal, Noise Pollution 190 (New Delhi
Common Wealth Publishers, 2nd Ed.,1999).
[8] Stockholm Declaration, 1972,
Principle 1.
[9] Id. Principle 2.
[10] Id. Principle 4.
[11] Id. Principle 6.
[12] Id. Principle 7.
[13] Id. Principle 8.
[14] Id. Principle 11.
[15] Id. Principle 12.
[16] Supra note 3 at 75.
[17]
available at: https://www.geeksforgeeks.org/constitutional-provisions-for-the-protection-of-environment/(visited
on 28.08.2023)
[18] O.P. Dwivedi and B. Kishore in
Shekar Singh, Environmental Policy on India 49 (Indian Institute
of Public Administration, 1st Ed.,1984).
[19] S.C. Tripathi, Environmental Law
183 (Central Law Publication, 7th Ed., 2019).
[20] Sargam Aggarwal “Judicial Response towards the Protection of Environment: A Critical
Evaluation” 1 Journal of
Indian Legal Thought 97 (2003).
[23] Paramjit S. Jaswal and Nishtha Jaswal, Environmental Law 48 ( Allahabad Law Agency, 3rd Ed., 2009).
[24] N.S. Kamboj, Control of Noise Pollution 162 (Deep and Deep Publications
Pvt. Ltd., New Delhi, 2nd Ed.,1999).
[26] available at: https://ipleaders.in/prevention-and-control-of-noise-pollution-with-case-laws/
(visited on 11.08.2022)
[27] AIR 1988 Raj 2, 1987.
[30] Ibid.
[31] available at: https://ipleaders.in/prevention-and-control-of-noise-pollution-with-case-laws/
(visited on 11.08.2022)
[32] Rule 5 of Noise Pollution
(Regulation and Control) Rules, 2000.
[33] Rule 6 of noise Pollution
(Regulation and Control) Rules, 2000.
[34] Rule 7 (2) of Noise Pollution
(Regulation and Control) Rules, 2000.
[35] Noise Pollution Forum,
Prevention of Envn. & Sound Pollution Vs. Union of India and Anr, AIR 1990 SC 480.
[36]
available at: https://blog.ipleaders.in/environment-protection-act-1986-2/
(visited on 28.08.2023)
[37] The Police Act (5 of 1861) s. 30(4).
[39]availableat:https://images.assettype.com/barandbench/202107/5f6dc2f77d554de4ae90cc6d49ab9543/Suo_Motu_PIL_
v__State_of_Uttar_Pradesh.pdf (visited on 11.08.2022)
[40] available at: https://indiankanoon.org/docfragment/193667540/?formInput=modified%20silencers
(visited on 11.08.2022)
[41] The Motor Vehicles (Amendment) Act (act no.
18 of 2022).
Article Information
LEGAL PERSPECTIVE RELATING TO NOISE POLLUTION IN INDIA
Authors: NAVVINDER SINGH
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/04/16
- Issue 7
About Journal
International Journal for Legal Research and Analysis
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