Theme: Health & Environment

Yes, factories are one of the prominent sources of noise pollution and if they are built-in industrial areas, they have to make sure that the permission noise limit does not exceed:

If any employee faces hearing loss(( Modifiable diseases, Section 89 and 90, Factories Act, 1847; Noise Pollution (V), In re, (2005) 5 SCC 733.)) after working in a factory, then any doctor who detects this must inform the chief inspector of factories with the details of the employee.

For a complaint or case of noise pollution, you will have to see if your case is legitimate. For example, the Court held in a case that playing the radio loudly(( Noise Pollution (V), In re, (2005) 5 SCC 733.)) is not a case of noise pollution, but only a trivial act.

The harm noise pollution causes has to be assessed based on whether the complaint is coming from a reasonable man with a legitimate complaint or from a person of ordinary temper(( Section 95, Indian Penal Code, 1860.)) and sense. Even though there are no guidelines on how this is assessed, the Court gets the final word in deciding this. For example, if you have filed frivolous cases, the judge may not take up the complaint. When you file your complaint, the authorities will look at whether the noise limits are exceeding and only if they are, will your complaint be heard.

If the police are unresponsive after you have filed a complaint about noise pollution, you can directly approach your State’s Pollution Control Board.

Every state also has an office known as the State Pollution Control Board (SPCB). Every SPCB has the function of planning a comprehensive programme for the prevention, control and abatement of water as well as noise pollution, conduct and encourage investigations and research relating to differ­ent aspects of water pollution, inspect treatment plants and trade effluents, etc.(( EPA.))

You can also approach the SPCB offices to file a complaint. These authorities have the power to issue a written order for preventing, prohibiting, controlling or regulating:

• Any vocal or instrumental music
• Sounds caused by playing, beating, clashing, blowing
• Instruments including loudspeakers, public address systems, horn, construction equipment, appliance or apparatus or contrivance which is capable of producing or reproducing sound
• Sounds caused by bursting of sound’ emitting firecrackers
• Sounds caused from a business operation, or trade, like for example business of creating utensils etc.

The authorities may give an opportunity to the person who made the noise to be heard and then may modify or alter the order.

The noise limits are measured by a term known as *dB(A) Leq(( Schedule 1, Noise Pollution (Control and Regulation) Rules, 2000.)):

• *dB(A) Leq means the time-weighted average of the level of sound in decibels on scale A which is relatable to human hearing.
• Scale A denotes when the frequency weighting in the measurement of noise corresponds to frequency response characteristics of the human ear.
• Decibel (dB) is a unit in which noise is measured.
• Leq is an energy mean of the noise level over a specific period.

There are noise limits that you will have to follow depending on the area you live in. Since measuring noise requires scientific instruments (such as a sound level meter), you may not always know if you are exceeding the noise limits for a particular area. In such cases, you should:

• Make sure that regardless of what you do or which equipment you use, it does not turn out to be noisy and a disturbance for others. For example, if you are playing music during a party, try to keep the volume down at night time while people are sleeping.

Don’t wait for your neighbors or people around you to file a complaint to the police. If they mention that you are making noise that is disturbing them, try to reduce the noise.

Please note that it does not matter whether you made the noise unintentionally or intentionally; all that matters is whether you have created too much noise.

Yes, generators also have noise limits and going above those limits would mean that the generators are causing noise pollution.

All generators that:

• Run-on diesel
• Set up to 1000 KVA( Kilo-volt-ampere, electrical power unit measurement)
• Manufactured or imported in India after January 1, 2005

require certification to run. Every manufacturer of a generator has to have a certification called a Type Approval and a Conformity of Production certificate which denotes that the generators are not causing excess noise. Read more here.

When you make a complaint about noise pollution with the following authorities, they may pass an order or take action depending on the level of noise.

If you approach the police

The police will take immediate action to stop the noise by suspending the noise-producing instrument and prohibiting the further use of that equipment or instrument. If it is your vehicle that is causing noise, it is a traffic violation and the police may even fine you.

If you approach the Central/State Pollution Control Boards

These authorities have the power to issue a written order for preventing, prohibiting, controlling or regulating:

• Any vocal or instrumental music
• Sounds caused by playing, beating, clashing, blowing
• Instruments including loudspeakers, public address systems, horn, construction equipment, appliance or apparatus or contrivance which is capable of producing or reproducing sound
• sound caused by bursting of sound’ emitting firecrackers
• Sounds caused from a business operation, or trade, like for example business of creating utensils, etc.

If you approach the Court

Filing a Complaint with District Magistrate

The Court may pass the following orders after hearing out the person who caused the noise pollution:

• Temporary order to stop the noise
• Order to remove the noise or regulate it
• Permanent order to prevent the noise pollutant and stop it

Filing a Complaint with NGT

Any person seeking relief and compensation for environmental damage or pollution involving subjects(( Schedule 1, The National Green Tribunal Act, 2010.)) like air pollution, environment pollution, water pollution, etc. can approach the National Green Tribunal (NGT).(( The National Green Tribunal Act, 2010.)) The NGT is a specialized judicial body where you can go to file environmental cases including noise pollution cases. The decisions of the tribunal are binding and you can appeal within 90 days to the Supreme Court if you are unhappy with its decision.

You can engage a lawyer if you want to approach the Court to file a case or file an appeal from a judgment of a lower court.

Nobody(( Noise Pollution (V), In re, (2005) 5 SCC 733.)) can claim a fundamental right to create noise by amplifying the sound of their speech with the help of loudspeakers. While one has a right to speech, others also have a right to listen or decline to listen. Nobody can be compelled to listen and nobody can claim that they have a right to make their voice be heard by others.

If anyone increases their volume of speech and that too with the assistance of artificial devices like amplifiers, loudspeakers, etc. and forces people to listen, then the person speaking is violating the right of others to a peaceful, comfortable and pollution-free life.(( Article 21 of the Constitution of India, 1950.)) Even though Article 19 of the Constitution of India, gives the right to freedom of speech and expression to everyone, it cannot defeat another fundamental right that we have under the Constitution, which is the right to live a peaceful life guaranteed by Article 21 of the Constitution.