| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Constitution of India 1950 Right to live in freedom from noise pollution Articles 21 and 19(1)(a) |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case Type | Writ Petition |
| Court | Supreme Court of India |
| Disposal Nature | Others |
| Headnote | Constitution of India, 1950-Articles 21 and 19(1)(a)-Right to live in freedom from noise pollution-Held, is a fundamental right protected by Article 21-Noise pollution beyond permissible limits is an in-road on that right-Right of freedom of speech and expression under Art.19(1)(a) is not absolute and cannot be pressed to defeat Art. 21. Air (Prevention and Control of Pollution) Act, 1981-Section 2(a)- Environment (Protection) Act, 1986-Sections 2(c) and 2(b)-Noise pollution-What is-Held: Disturbance produced in environment by undesirable sound of various kinds is "noise pollution"-Words and Phrases- "Noise" and_ "pollutant"-Meaning of Environment (Protection) Act, 1986-Section 3-Environment- (Protection) Rules, 1986-Rules 3, 5 and 89-Noise Pollution (Regulation and Control) Rules, 2000-Central Motor Vehicles Rules, 1989-Rules 119 and 120-Constitution of India, 1950-Articles 141 and 142: Noise Pollution-In context to fire-crackers-Directions/guidelines issued by Supreme Court under Arts. 141 and 142 of the Constitution-Held: Bursting of sound emitting firecrackers completely banned between 10 pm and 6 am but no restrictions as to time on bursting of colour/light emitting firecrackers-Fire-crackers to be evaluated on basis of chemical composition rather than on basis of noise levels-Such method to be followed unless and until replaced by a better system-Manufacturers to mention on box of each fire cracker details of its chemical contents and that it satisfies the requirements laid down by Department of Explosives (DOE)-However fire crackers manufactured for export can bear higher noise levels subject to conditions. Noise Pollution-In context to loudspeakers/public address system, musical instruments and privately owned sound system-Directions/guidelines issued by Supreme Court under Arts. 141 and 142 of the Constitution-Held: Noise level at the boundary of the public place, where loudspeaker or public address system or any other noise source is being used not to exceed 10 dB(A) above the ambient noise standards for the area or 75 dB(A) whichever is lower-No one to beat 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-Peripheral noise level of privately owned sound system not to exceed by more than 5 dB(A) from the ambient air quality standard specified for the area in which it is used, at the boundary of the private place-States to make provision for seizure and confiscation of loudspeakers, amplifiers and such other equipments found creating noise beyond permissible limits. Noise Pollution-In context to vehicular noise-Directions/guidelines issued by Supreme Court under Arts. 141 and 142 of the Constitution-Held: Horn not to be used at night between 10 PM to 6 AM in residential area except in exceptional circumstances. Noise pollution-Hazardous effects of-Awareness about-Held: Needs to he created-Suitable chapters can be added in text-books for children and youth at the initial/early level of education-Special talks and lectures be organised in schools-Police and civil administration be trained to understand various methods to curb the problem and also the laws on the subject-State to play an active role in this process~Resident Welfare Associations, Service Clubs and Societies engaged in preventing noise pollution to be actively involved by the local administration-Special public awareness campaigns in anticipation of festivals, events and ceremonial occasions whereat firecrackers are likely to be used, to be carried out. Noise pollution-Ambient air quality standards in respect of noise for different areas/zones-Central Govt./State Govt. asked to take steps for laying down such standards and notifying the authorities where it has not already been done. ' Certain issues of far-reaching implications in day-to-day life of the people in India relatable to noise pollution vis-a-vis right to life enshrined in Article 21 of the Constitution as interpreted in its wide sweep by the constitutional courts of the country were raised in the present matters. Though, the sweep of hearing in these matters was very wide, the principal thrust was directed towards noise created by firecrackers, loudspeakers used-by political parties, at religious places and on religious and social occasions or festivals. In addition some of the intervenors inter- alia sought for noise created by horns of engines, pressure horns in automobiles, denting painting of cars, particularly, in residential areas and from unauthorized premises being prohibited. Consequently several questions, such as what is noise; what are its adverse effects; whether noise pollution runs in conflict with the fundamental rights of the people and what relief can be allowed by way of directions issued in public interest arose for consideration. |
| Judge | Honble Mr. Justice R.C. Lahoti |
| Neutral Citation | 2005 INSC 297 |
| Petitioner | In Re: Noise Pollution - Implementation Of The Laws For Restricting Use Of Loudspeakers And High Volume Producing Sound Systems |
| SCR | [2005] Supp. (1) S.C.R. 624 |
| Judgement Date | 2005-07-15 |
| Case Number | 72 |
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