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Noise Pollution and Its Control

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Dhruv Bansal
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41 views

Noise Pollution and Its Control

Uploaded by

Dhruv Bansal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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NOISE POLLUTION and Its CONTROL

Noise pollution can be defined as offensive or unwanted sounds that


unreasonably intrude into our daily activities. Unlike other pollutants such
as air, water, and soil, noise was not considered an environmental
pollutant in early times. It was only after the advent of industrialization
when industries began to set up and the population increased that noise
pollution was seen as a serious threat to the environment and the
species alike.

Noise control is important because everybody has the right to a peaceful


environment and a valuable existence and not a mere animal existence
as provided under Article 21 of the Indian Constitution. In Re: Noise
Pollution case, the court held that “no one can claim a right to create
noise even in his own premises that would travel beyond his precincts
and cause a nuisance to neighbours or others.”

Noise Pollution (Regulation and Control) Rules 2000

The reasoning behind the enactment of these rules was that the noise
emitted by loudspeakers, vehicular horns, construction activities, music
systems, industries, and other mechanical equipment have an adverse
impact on the physical and physiological growth of human beings. These
rules were formulated in order to curb the menace of excessive noise
pollution from these sources to create an ambient atmosphere for
healthy living.

The noise pollution rules prohibit the use of loudspeakers at night and
provide provisions for penalties in case permission for the use of such
devices is not sought from a competent authority. However, these rules
have proven to be inadequate and lack implementation despite the
Supreme Court’s repeated reminders.

The Noise Pollution Control Rule was amended in the year 2000 by the
Indian Government to tackle and restrain noise pollution and it was
made a part of The Environment Protection Act, of 1996.

Under this rule, the government categorised territories as industrial,


commercial and residential areas and the noise standard for such
categorised territories was specified under this rule. This rule also stated
that the area of 100 meters of any hospital, school, university and court
premises must be declared as a silence zone and minimal noise shall be
made within the 100 meters range.
The noise standard for daytime in industrial areas is 75 dB, in
commercial areas 65 dB, in residential areas is 55 dB and for silence
zone is 50 dB. The noise standard for nighttime in industrial areas is 70
dB, in commercial areas 55 dB, in residential areas 45 dB and for the
silence zone is 40 dB.

Also, this rule states that any loudspeaker can only be used after it has
been permitted by the authority and such loudspeaker cannot be used
from 10 p.m. to 6 a.m. and any person violating these rules becomes an
offender and such an offender is liable for punishment and fine.

Role of Courts and judicial approach in addressing noise pollution


The role of courts and the judicial approach in addressing noise pollution
is critical in ensuring that individuals and communities have the right to a
peaceful and healthy environment. Noise pollution can have negative
impacts on physical and mental health, disrupt sleep patterns, and
negatively impact the quality of life for individuals. As such, it is essential
that the courts take a proactive approach to addressing this problem.

Judicial Approach
The judicial approach to addressing noise pollution is guided by a
number of legal principles, including the right to a healthy environment
and the right to life, privacy, and freedom of speech. In this context,
courts have used various legal frameworks to address noise pollution,
including environmental and human rights law, tort law, and criminal law.

For example, under environmental law, courts can impose fines and
penalties on individuals or organizations responsible for excessive noise
levels. They can also order the adoption of measures aimed at reducing
noise pollution, such as installing soundproofing materials or
implementing sound management plans.

Under human rights law, courts can interpret the right to a healthy
environment as including the right to live in an environment free from
excessive noise pollution. In this context, they can issue orders to
governments and private entities to take measures to reduce noise
levels and can provide remedies for individuals who have suffered harm
as a result of excessive noise levels.

In tort law, courts can consider claims of nuisance brought by individuals


or communities who have been negatively impacted by noise pollution.
In such cases, courts can order the responsible party to compensate
individuals or communities for harm caused by excessive noise levels.

Finally, criminal law can be used to address particularly egregious cases


of noise pollution. For example, courts can impose fines or imprisonment
on individuals who persistently engage in activities that cause excessive
noise levels.

Role of Courts

The role of courts in addressing noise pollution is crucial in ensuring that


individuals and communities are protected from harm caused by
excessive noise levels. By imposing fines and penalties on individuals or
organizations responsible for noise pollution, courts can deter future
actions that may cause harm to the environment or the health and well-
being of individuals.
In addition, by issuing orders and remedies to reduce noise levels,
courts can ensure that individuals and communities have access to a
healthy and peaceful environment. By providing remedies to individuals
who have suffered harm as a result of excessive noise levels, courts can
help to mitigate the negative impacts of noise pollution.
The role of courts and the judicial approach in addressing noise pollution
is essential in promoting the right to a healthy and peaceful environment.
By using legal frameworks to impose fines and penalties, order the
adoption of measures to reduce noise levels, and provide remedies for
individuals who have suffered harm, courts play a critical role in
protecting the health and well-being of individuals and communities.

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