Inevitability of controlling Noise pollution in Agartala during the upcoming festival period.
Sanjoy Roy
October 7, 2024, 09:29:24
The word noise is derived from the Latin term "nausea". Noise is defined as unwanted sound. Sound which pleases the listeners is music and that which causes pain and annoyance is noise. At times, what is music for some can be noise for others. Noise is more than just a nuisance. It constitutes a real and present danger to people's health. Noise pollution is defined as unwanted or excessive sound that negatively impacts human health, wildlife, and environmental quality. It is commonly generated by industrial facilities, transportation systems such as highways, railways, airways, outdoor construction activities, loudspeakers and the bursting of fire crackers etc. Noise pollution is largely a by-product of industrialization, urbanization and modern civilization. In Re: Noise pollution – Implementation –Vs unknown 18thJuly, 2005, the Supreme Court said, ‘freedom from noise pollution is a part of the right to life under Article 21 of the Constitution. Anyone who wishes to live in peace, comfort and quiet within his house has a right to prevent the noise as pollutant reaching him’. The Supreme Court of India emphasizes that noise pollution interferes with the fundamental right of citizens to live in peace and its verdicts on loudspeakers are aimed at protecting citizens from becoming ‘forced audience’ to noise.
Impacts of DJ system and high sound producing loud-speakers
This article narrates about the detrimental effects of DJ sound etc. and lively processions held in various parts of the country with special reference to Tripura during festive season and highlights the relevant Indian laws and the court judgments that regulate noise pollution to mitigate these effects. While music through DJ Systems and loud speakers add to the celebratory atmosphere, it is crucial to recognize their adverse impacts on public health and the environment. The impact of a DJ system on noise pollution can be significant, especially in urban or residential areas. High-decibel levels from such systems can contribute to noise pollution, potentially leading to hearing loss, increased blood pressure, irritability, anxiety, and interference with sleep and communication for humans. For wildlife, excessive noise can disrupt communication, navigation, and mating behaviors, posing existential threats to certain species. Excessive noise can disrupt daily life, making it difficult for people to concentrate, communicate, or relax. It can also lead to conflicts between neighbors and communities. Therefore, controlling noise levels from DJ sound systems is crucial to minimize their contribution to noise pollution and protect both human and environmental health.
According to the Noise Pollution (Regulation and Control) Rules, 2000, loudspeakers cannot be used between 10 p.m. and 6 a.m., except in closed premises for communication within auditoria, conference rooms, community halls, and banquet halls. Noise pollution can be dealt with under section 260, 290 and 291 of the Penal Code, 1860 as public nuisance. Under section 133 of the code of Criminal Procedure 1973, the Magistrate has the power to make conditional order requiring the person causing nuisance to remove such nuisance. The Rules 119 and 120 of Central Motor Vehicles Act, 1989 deal with the reduction of noise. The Supreme Court has mandated restrictions on the use of loudspeakers and public address systems. In Apparao, MS Vs Government of Tamilnadu, Director General of Police was asked to impose total ban on use of horn-type loud speakers and amplifiers and air horn of automobiles. The Supreme Court in Church of God (Full Gospel) in India vs KKR Majestic colony Welfare Association (2000) held that the court may issue directions in respect of controlling noise pollution even if such noise was a direct result of and connected with religious activities.
Noise pollution in Tripura has been a growing concern, particularly in urban and semi-urban areas. The use of sound systems, speakers, and DJ sets during the festive days in Tripura has also immensely gone up and raising concerns about noise pollution. As a result not only the human beings but some animals have also been becoming the victims and susceptible to the unbearable sounds and getting mentally traumatized due to the high volume of music running till mid night. During the immersion of idols, nights sometimes become nightmares due to reckless and endless loud-speakers emitting high sounds. The situation worsened in Tripura in the last few years and the level of noise pollution during the celebration of Ganesh Puja this year went beyond tolerant limits for three days. Thereafter, Sri Anal Roychowdhury, editor of Pratibadi Kalam, a Local Newspaper of Agartala, sought action from Director General of Police, Chief Secretary and the Tripura State Pollution Control Board , but he did not get any reply and thus he moved to Tripura High court for a remedy against noise pollution.
Judgment of Tripura High court and actions of Agartala Municipal Corporation on the DJ systems etc.
The High Court of Tripura has directed the state government to act strictly against unauthorized use of sound systems in the state, especially, in the festive season. The court has given the verdict while hearing a Public Interest Litigation (PIL) filed by Sri Anal Roy Choudhury seeking redress against the adverse effects of loud music systems used during puja celebrations. Upon hearing learned counsel for the parties, the Division Bench order said and then added ‘instead of passing a fresh set of directions on the same issue, we deem it proper to reiterate the responsibilities of the concerned statutory authorities to strictly enforce the provisions of the Noise Pollution Control Rules and other statutory enactments dealing with this menace which is likely to affect the general populace of this State especially during the ensuing Sharadiya Durgotsav & Diwali festival’. The respondents are therefore obliged to carry out the directions passed by this Court in WP(C)(PIL) No.03 of 2013. According to the order of High Court, now it is mandatory for all music equipment to have sound limiters installed. The High Court of Tripura has mandated stricter enforcement of noise pollution laws, banning loudspeakers and sound amplifiers that exceed 65 decibels between 10 pm and 6 am.. Devices exceeding the 65-decibel limit and equipment without limiters cannot be sold, rented, or operated. The court order empowered the authorities to confiscate any sound system without limiters and producing noise above the allowed limit and warn person(s) for non-compliance including severe penalties for recurrent offences. Once that equipment is seized, it shall not be released without obtaining orders of the concerned magistrate. In case of the second offence by any owner or supplier of the equipment, the equipment shall not be released till orders are obtained from the High Court. On the other Agartala Municipal Corporation (AMC) has banned the use of DJ system during the time of immersion of Durga Idol. Mayor of AMC has informed that Puja organizers have been asked to avoid the use of loud music equipment including DJ sets during immersion of Idol. This is a conscious decision on the backdrop of public sentiments as DJ system distorts the traditional and cultural aspects of Durga idol immersion practices.
Safeguards for checking the DJ sounds and loud speakers during Festivals
Noise is a type of atmospheric pollution. Violation of noise pollution regulations can result in fines and legal actions. Authorities often impose restrictions on the use of loud speakers and DJ systems during certain hours to monitor these effects. It may be recalled that the observation of Supreme court of India on the complaints of some students who addressed a letter to the former Chief Justice of India about the unauthorized use of loud speaker at mid night affecting their studies is very pertinent regarding the noise pollution during festival period. The court held that nobody can claim a fundamental right to create noise by amplifying the sound of his speech with the help of loudspeakers. Thus it is very much essential that there should be some safeguards as noted below for checking the DJ sounds and high sound producing loud speakers so that Durga Puja becomes peaceful and enjoyable for everyone.
1.Strict Enforcement of Noise Limits: Authorities should be strict to enforce the Noise Pollution (Regulation and Control) Rules, 2000 which limit sound levels to 65 decibels between 10 PM and 6 AM for which some sound examination equipment and CCTV may be installed by authority or asking organizers to install for monitoring and surveillance.
2.Permissions and Licenses obligatory: Puja committees must obtain proper permissions for using sound systems. Unauthorized use of DJ music systems can be penalized.
3.Increasing the Public Awareness Campaigns: Educating the public and puja organizers about the harmful effects of DJ system causing noise pollution and the importance of adhering to noise regulations can help in voluntary compliance.
5.Community Involvement: Encouraging community members to report violations can aid in better enforcement. Local police and pollution control boards can set up helpline for this purpose ensuring the identity of reporting person confidential. Public pressure may sometimes compel action when political will is lacking.
6.Alternative Celebrations: Promoting quieter alternatives, such as traditional music or cultural performances, can reduce the reliance on loud DJ systems.
7.Collaborations with event managers: Working directly with clubs and event organizers can help mitigate the issue and ensure that the noise pollution regulations are enforced, protecting the well being of the community.
8.Transparent role of political parties is very much essential. It becomes a challenging situation when political interests interfere with the enforcement of regulation; including those related to noise pollution from DJS during festivals. Thus their role is paramount.
In the case of Sakuthala Vedachalam vs State of Tamil Nadu on 31 July, 2019 (Madras High Court), it is held that there is difficulty in implementation of noise pollution control methodology in India. The issue of noise pollution in India has not been taken so far with that seriousness as it ought to have been. Firstly, there is a lack of will on the part of the Executive to implement the laws. This has contributed to lack of infrastructure essential for attaining the enforcement of laws. Secondly, there is lack of requisite awareness on the part of the citizens. The deleterious effects of noise pollution are not well known to the people and are not immediately perceptible. People generally accept noise pollution as a part of life, a necessary consequence of progress and prosperity. The problems that are being faced in controlling noise pollution are (1)’ the statutes and rules thereunder are not comprehensive enough to deal with all problems and issues related to noise pollution. (2) The authorities responsible for implementing the laws are not yet fully identified. Those who have been designated do not seem to be specialized in the task of regulation of noise pollution. What is needed is a combination of technically qualified and administratively competent personnel with requisite desire and dedication for implementing the laws’.
In fine, it may be mentioned controlling the harmful effects of DJ system and high sound producing loud speakers is the need of hour and a mandate of High Court of Tripura. The police and local authorities should take a proactive role and should be responsible for monitoring sound levels and ensure compliance with the decibel limit. State authorities should monitor the noise level as they have been vested with the power to take action against violators. There is a need for creating general awareness towards the hazardous effects of noise pollution. Young children of impressionable age should be motivated to desist from the use of high sound producing equipment and instruments on festivals, religious and social functions, which cause noise pollution. Suitable chapters can be added into the text books to teach civic sense to the young students. Holding special talks and lectures in schools may be conducted to highlight the menace of noise pollution emphasizing the role of children in preventing it. Similar awareness needs to be created in police and civil administration to make them understand the various measures to curb the problems. Different welfare societies, organizations and clubs etc may be engaged in preventing the noise pollution. Preventive measures need to be emphasized and possibly at source, e.g., horns and DJ sets creating sound beyond permissible limit should not be manufactured or sold. Time has come to be pro-active than re-active.
(Tripurainfo)