Dr.

Kalpeshkumar L Gupta
Founder – ProBono India
www.probono-india.in
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What is Noise ?

The expression “noise” has not been defined statutorily.

But, the expression “noise” was inserted into the Air
(Prevention & Control of Pollution) Act, 1981 by the
Amendment Act.

“air pollutant” 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
being or other living creatures or plant or property or
environment.”

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What is Noise Pollution ?

Noise Pollution means defilement of atmosphere due to

sound. In other words disturbing the atmosphere by means
of sound.

Recent studies reveal that a prolonged exposure to noise

levels above 90 decibles can cause permanent deafness.
Researcher are of opinion that if the present noise levels
continue unfettered, future generation may be born deaf
and dumb.

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Causes of Noise Pollution

1. Natural noise pollution

2. Man-made noise pollution

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Causes of Noise Pollution

1. Natural noise pollution

In this category of noise pollution, air, seas, volcanoes,

rivers and exchanging voices of living organs.

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Causes of Noise Pollution

2. Man-made noise pollution

This category of noise pollution is caused by machines,

automobiles, trains, aero planes, social and religious
celebration, speeches, construction works and other
modern equipments.

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Kinds of Noise Pollution

1. Industrial Noise Pollution

2. Urban Noise Pollution
3. Rural Noise Pollution

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Kinds of Noise Pollution

1. Industrial Noise Pollution

The noise pollution produced due to industrial activities is

called industrial noise pollution. In recent decades
enormous industrialization has taken place which created
noise pollution from industrial sources. Most of the Indian
cities are suffering from industrial noise pollution.

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Kinds of Noise Pollution

2. Urban Noise Pollution

The noise pollution created by automobiles, cultural

programmes, festivals, advertisement and loudspeakers are
the most significant urban noise pollution.

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Kinds of Noise Pollution

3. Rural Noise Pollution

The noise pollution created due to use of pumping sets,

flour mills and religious gathering in rural areas is called
rural noise pollution. However, rural noise pollution
generates least hazard in comparison with the industrial and
urban noise pollution.
The Allahabad HC in Radhey Shyam v/s. Guru Prasad (AIR
1978 All. 86), issued injunction against the defendant,
restraining him from running a flour-mill on the ground of
causing additional noise in an already noisy area.

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Noise Pollution Rules
Dt. 14-2-2000

Whereas the increasing ambient noise levels in public

places from various sources, inter alia, industrial activity,
construction activity, generator sets, loud speakers, public
address systems, music systems, vehicular horns and other
mechanical devices have deleterious effects on human
health and the psychological well being of the people, it is
considered necessary to regulate and control noise
producing and generating sources with the objectives of
maintaining the ambient air quality standards in respect of
noise.

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Noise Pollution Rules
Now, therefore, in exercise of the powers conferred by
clause (ii) of sub-section (2) of Section 3, sub-section (1) and
clause (b) of sub-section (2) of Section 6 and Section 25 of
the Environment (Protection) Act, 1986 read with

Rule 5 of the Environment (Protection) Rules, 1986, the

Central Govt. hereby makes the followings rules for the
regulation and control of noise producing and generating
sources.

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Section 3 :- Ambient Air Quality Standards in respect of
noise for different areas/zones
- The ambient air quality standards in respect of noise for
different areas/zones shall be such as specified in the
Schedule annexed to these rules.

- The state govt. shall categorize the areas into industrial

commercial, residential or silence area/zone for the
purpose of implementation of noise standards for
different areas.

- The state govt. shall take measures for abatement of noise

including noise emanating from vehicular movements and
ensure that the existing noise levels do not exceed the
ambient air quality standards specified under these rules.

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Section 3 :- Ambient Air Quality Standards in respect of
noise for different areas/zones
- All development authorities, local bodies and other
concerned authorities while planning development
activity or carrying out functions relating to town and
country planning shall take into consideration all aspects
of noise pollution as a parameter of quality of life to
avoid noise menace and to achieve the objective of
maintaining the ambient air quality standards in respect
of noise.

- An area comprising not less than 100 metres around

hospitals, educational institutions and courts may be
declared as silence area/zone for the purpose of these
rules.

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Schedule (See Rule 3(1) and (4)
Limits in dB (A) Leq*
Area Code Category of Area/Zone
Day Time Night Time
A Industrial Area 75 70
B Commercial Area 65 55
C Residential Area 55 45
D Silence Zone 50 40
Note :-
1. Day time shall mean from 6:00 am to 10:00 pm
2. Night time shall mean from 10:00 to 6:00 am
3. Silence Zone is an area comprising not less than 100 metres around hospitals,
educational institutions, courts, religious places or any other area which is declared
as such by the competent authority.
*dB(A) Leq denotes the time weighted average of the level of sound in decibles on
scale A which is relatable to human hearing.
A “decible” is a unit in which noise is measured.
“A” in dB(A) Leq, denotes the frequency weighting in the measurement of noise and
corresponds to frequency response characteristics of the ear.
Leq: It is an energy mean of the noise level over a specified period. 15
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Digital Sound Level Meter

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Section 4 :- Responsibility as to enforcement of noise
pollution
- The noise levels in any area/zone shall not exceed the
ambient air quality standards in respect of noise as
specified in the Schedule

- The authority shall be responsible for the enforcement

of noise pollution control measures and the due
compliance of the ambient air quality standards in
respect of noise.

Authority (Section 2(c)) means and includes any authority or officer

authorized by the central govt. or as the case may be, the state govt. in
accordance with the laws in force and includes a District Magistrate,
Police Commissioner, or any other officer not below the rank of the
Deputy SP designated for the maintenance of the ambient air quality
standards in respect of noise under any law for the time being in force.

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Section 5 :- Restrictions on the use of loud speakers/public
address system
- A loud speaker or a public address system shall not be
used except after obtaining written permission from the
authority.

- A loud speaker or a public address system shall not be

used at night (between 10-00 pm to 6-00 pm) except in
closed premises for communication within, e.g.
auditorium, conference rooms, community halls and
banquet halls.

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Section 6 :- Consequences of any violation in silence
zone/area.
Whoever, in any place covered under the silence zone/area
commits any of the followings offence, he shall be liable for
penalty under the provisions of the act.

- Whoever, plays any music or uses any sound amplifiers.

- Whoever, beats drum or tom-tom or blows a horn either

musical or pressure or trumpet or beats or sounds any
instrument or

- Whoever, exhibits any mimetic, musical or other

performances of a nature to attract crowds.

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Section 7 :- Complaints to be made to the authority
- A person may, if the noise level exceeds the ambient
noise standards by 10 dB (A) or more given in the
corresponding columns against any area/zone make a
complaint to the authority.

- The authority shall act on the complaint and take action

against the violator in accordance with the provisions of
these rules and any other law in force.

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Section 8 :- Power to prohibit etc., continuance of music
sound or noise.
- If the authority is satisfied from the report of an officer
incharge of a police station or other information received by
him that it is necessary to do so in order to prevent
annoyance, disturbance, discomfort or injury or risk of
annoyance, disturbance, discomfort or injury to the public or
to any person who dwell or occupy property on the vicinity,
he may by a written order issue such direction as he may
consider necessary to any person for preventing, prohibiting,
controlling or regulating :-
a. The incidence or continuance in or upon any premises of
- Any vocal or instrumental music
- Sounds caused by playing, beating, clashing, blowing or use in any
manner whatsoever of any instrument including loudspeakers,
public address systems, appliance or apparatus or contrivance
which is capable of producing or re-producing sound, or

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Section 8 :- Power to prohibit etc., continuance of music
sound or noise.
-The authority empowered under sub-rule (1) may, either on
its own motion, or on the application of any person aggrieved
by an order made under sub-rule (1), either rescind, modify or
alter any such order.

Provided that before any such application is disposed of, the

said authority shall afford to the applicant an opportunity of
appearing before it either in person or by a person
representing him and showing cause against the order and
shall, if it reflects any such application either wholly or in part,
record its reasons for such rejection.

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Constitution of India : Noise Pollution
- There is no whisper of “noise” or “noise pollution” as
such in the Constitution of India.

- However during festivals like Diwali, Dushera, Holi, Idd

and Christmas etc. including family programmes 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.

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Constitution of India : Noise Pollution
Maulana Mufti Syed Md Noorur Rehman Barkati & Ors v/s.
State of Bengal and Ors. (AIR 1999 Cal 15)

Calcutta HC observed that use of microphone is of recent

origin and accordingly it could not be said that the use of
microphone and loudspeakers are essential and intergral
part of the religion.

The court further held that use of loudspeakers and

microphones in Azaan is not essential and integral part of
any religion hence there is no violation of right to religion
guaranteed under Article 25 of the Constitution of India.

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Constitution of India : Noise Pollution
Church of God in India v/s. K K R Majestic Colony Welfare
Association & Ors. (AIR 2000 SC 2773)

SC held that no religion prescribes that prayers should be

performed by disturbing the peace of others. The question
involved in this case was whether in a country having
multiple religious communities a religious community could
claim its right to add to noise pollution on the ground of
religion.

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Constitution of India : Noise Pollution
Om Biramgama Religious Society v/s. State (1996)

Calcutta HC held that freedom of speech and expression

guaranteed under Article 19(1)(a) of the Constitution of
India essentially includes freedom not to listen and/or to
remain silent. One cannot be permitted to exercise his
fundamental right at the cost of others’ health or well
being. In the present case the sub-divisional officer rightly
directed the petitioner/society not to use any microphone
while performing the pooja and other religious activities.

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Constitution of India : Noise Pollution
Forum for the Prevention of Environment and Sound
Pollution v/s. Union of India (2006 1 MLJ 49 (SC)

SC held that prohibition on use of loudspeaker or public

system between 10-00 pm to 12 midnight is not invalid or
unconstitutional.

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Constitution of India : Noise Pollution
S K Ikram Sheikh Israil v/s. State of Maharashtra (2007 4
SCC 217)

In this case appellants carrying out manufacturing of brass

utensils was causing noise pollution affecting the schools
and the people of the area. As a result notice to the
appellant was issued by the SP directing appellants to stop
their activities/business. Before the SC, appellants
submitted that they should be given an opportunity to
reduce the noise level and take remedial measures.

The SC ruled that in these circumstances, appellants were

directed to submit a concrete proposal before the
authorities concerned stating how they would stick to the
norms.

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