NOISE POLLUTION
Noise Pollution (Regulation and Control) Rules, 2000 - Direction issued to the State government to take necessary steps to identify the zones and generally to fulfill all the requirements of Rule 3 within six months from this date. The authority will thereafter be entitled to consider the application for use of loud speakers and permit them strictly in terms of the said Rules and the identification of the Zones. State and authorities under it, including Pollution Contorl Board, will continue to enforce the directions issued. [Forum for the Prevention of Environmental and Sound Pollution vs. State of Kerala. O.P.No. 16197 of 2001, dated 4th October, 2001. P.K.Balasubramanyan & C.N.Ramachadran Nair (JJ)] 1. CLARIFICATION DATED 5th NOVEMBER,2001. 2. CLARIFICTION DATED 13TH NOVEMBER, 2001.
Noise Pollution (Regulation and Control) Rules, 2000 - Sec.16 - Circular isssued by the DGP regarding the use of loudspeakers are valid - No licence shall be issued for use of loudspeakers within silence zone (area comprising 100 meters around hospitals, educational institutions, courts, religious place, reserve forests and wild life sanctuaries). - Notification does not infringe Art.21 of the Constitution of India - restrictions imposed are reasonable and cannot be annulled on the ground that Art.19 of the Constitution has been violated. [ E.J.Job and others vs State of Kerala. O.P.No. 38672 of 2002. Dated 20th February, 2003. J.L.Gupta (CJ) & Kurian Joseph (J)]
Loudspeaker – Use for prayers – Noise Pollution – Direction issued to follow guidelines – Noise Pollution (Regulation and Control) Rules, 2000.No religion prescribed that prayers should be performed by distributing the peace of others nor does it preach that they should be through voice-amplifiers or beating of drums . In the name of religion nobody can be permitted to add to noise pollution or violate noise pollution norms. Even if there be religious practice to use voice amplifiers, it should not adversely affect rights of others including that of being nor disturbed in their activities. Noise Pollution (Regulation and Control) Rules, 2000 should be followed. [Church of God (Full Gospel) in India vs. K.K.R.Majestic Colony Welfare Association and others. AIR 2000 SC 2773. 2000 (3) KLT 651. M.B.Shah & S.N.Phukan (J&J)]
Loud Speaker in Mosques- Restrictions on usage of Microphone and Loudspeaker at the time of giving Azan in Mosques- Not violative of Constitution - Sound Pollution.Azan is not a form of propagation but it is an essential and integral part of religion to meet at the prayer from a call being made through Azan. Traditionally and according to the religious order, Azan is to be given by the Imam or the person in charge of the Mosques through their own voice, this is sanctioned under the religious order. [Moulana Mufti Syed Mohammed Noorur Rehman Barkati vs. State of West Bengal. AIR 1999 Cal 15 Bhagabati Prosad Banerji and Ronojit Kumar Mitra.JJ]
Loud speakers - Prohibition to use mike, loudspeakers, etc. at public meeting - Unconstitutional - Constitution of India- Art.19.Condition that mike. Loudspeaker, etc, shall not be used at any time amounts to infringement of the fundamental right of freedom of speech and expressing in that the said condition stands across the person who speaks or expresses and the persons to whom he speaks or expresses effectively imposing restrains on communication between them which is the essence of the freedom of speech and expression and without which that freedom is futile and meaningless Ban on the use of mike, loudspeakers, etc., is not a reasonable restriction justifiable under Art.19(2). [Anantha Prabhu Vs District Collector - 1974 KLT 291 . ]
Loud Speakers - Right to use a sound amplifying device is not fundamental - Use of Loudspeakers is not a fundamental right and freedom of speech. Constitution.A debate of ideas is essential in any free society. The right to speech implies the right to silence. It implies freedom, not to listen, and not to be forced to listen to listen. The right is subordinate to peace and order.Exposure to high noise, is a known risk and it is proved to cause bio-chemical changes in man, elevating levels of blood catechlomine, cholesterol, white cell counts and lymphocytes. Sound levels generally caused by loudspeakers transfers safe limits by a wide margin. Loud speakers have become part of political, social, religious and cultural life of this country. [Jacob vs Superintendent of Police. 1992(2) KLT 238. ]
Loud speaker - Guidelines for use - Marriage, Temples, Churches and mosques.For functions like marriages, birthday celebrations, house-warming and the like, only box type loudspeakers should be permitted to be used and horn type sound amplifier will continue to the house or halls, where such functions are held. In temples, churches and mosques also, box type sound amplifier alone should be permitted. The call for prayer (Azan) in the mosque is only of one minute's duration and as such this restriction may be relaxed in that case. For religious discourses, playing of devotional songs, Friday sermons in the mosque and also other ceremonies and functions in the Churches, the above rule should be strictly enforced. The use of loud speakers in the street and vehicles must be avoided as far as possible. All air-horns and high-horns have become a great source of sound pollution. Under no circumstances, sound amplifiers shall be permitted to be used between 10.00.p.m and 6.00.A.M. [Sreekumara Varma Raja vs State of Kerala. O.P.No. 9560 /1988. Dated 5-11-1992. {P.K.Shamsuddin. (J)}][W.A.No. 235/1993 pending}
Loud Speaker - Noise pollution - Right to use loudspeaker is not a fundamental right in itself- Sound pollution is an accepted danger and indiscriminate use of loudspeaker cannot be permitted- Pernicious problem - Constitution of India - Art. 19.The right to use a loud speaker is not a fundamental right in itself. Sound pollution is an accepted danger and indiscriminate use of loud speakers cannot be permitted. A loudspeaker is a lively symbol through, which vibrates the robust as well as virulent notes emanating from Art.19 (1) (a) of the Constitution; both are unnecessary to sustain openness in a democracy. The untrammeled blare of loud speaker in the premises of a courtroom is a menace, which hampers the administration of justice. [Hariprasd Vs S.I.of Police. 1996(2) KLT 153 = ILR 1996(3) Ker 501. {K.P.Dandapani (J)}]
Constitution of India – Art. 21 -Noise pollution created by loudspeakers and fireworks – Prescribed standards regarding noise by Govt. of India may be enfored strictly in its letter and spirit – Noise code regulating all aspects of noise pollution.Prescribed standards regarding noise by Government of India may be enforced strictly in letter and spirit. All District Magistrates and Sub-Divisional Magistrates should be empowered to issue prohibitory orders under Sec.144 of the Cr.P.C, 1973 limiting the hours of loud-speakers or pubic address systems in religious places and for other special gatherings and functions. Regulatory measures regarding use of fire-crackers should be enforced. [ Anand Parthasarathy v.State of Kerala 2000 (1)KLT 566 =ILR 2000 (2) Kerala 71 . Arijit Pasayat (CJ )& K.S.Radhakrishnan (J) )