Theme: Noise Pollution

Noise is common in everyday life, but when it goes above a certain limit, it is considered to be pollution((Section 2 (a) of the Air (Prevention and Control of Pollution) Act, 1981 )) as well as a public nuisance((Section 2 (a) of the Air (Prevention and Control of Pollution) Act, 1981 )). Noise at such levels may be injurious to human beings, living creatures, plants, property and the environment((Central Pollution Control Board, WHO Guidelines for Noise Quality, https://cpcb.nic.in/who-guidelines-for-noise-quality/Some common sources of noise pollution are industrial activity, construction activity, generator sets, etc.(Preamble, Noise Pollution (Control and Regulation) Rules, 2000) ))

The law known as the Noise Pollution (Regulation And Control) Rules, 2000 regulates and controls noise in India.

Right to Live in Peace without Noise

Everyone has the right under Article 21 of the Constitution of India, 1950 to live in peace, comfort and quiet within their house and has a right to prevent the noise from reaching them((Burrabazar Fireworks Dealers Association v. Commissioner of Police, Calcutta AIR 1998 Cal 121 )). No one can claim a right to create noise even in their own premises which would travel beyond their precincts and cause nuisance to neighbours or others. That’s why any noise which affects the ordinary comforts of life of a person is also considered to be a nuisance((Noise Pollution (V), In re, (2005) 5 SCC 733 )).

Meaning of Noise

The word noise is not explained in any law but noise is considered to be an environmental pollutant((Section 2 (a) of the Air (Prevention and Control of Pollution) Act, 1981 )) in India. It is one of the main causes of environmental pollution.

Noise derives its meaning from the Latin term ‘nausea’. Courts have defined noise as ‘unwanted sound, a potential hazard to health and communication dumped into the environment with regard to the adverse effect it may have on unwilling ears((Noise Pollution (V), In re, (2005) 5 SCC 733 )). For example, a blaring horn causes unwanted noise but the sound which pleases the listeners is music and is not considered to be noise((Noise Pollution (V), In re, (2005) 5 SCC 733 )).

Causing Noise Pollution

Decibel is the unit of measurement of noise. There are noise limits that you will have to follow depending on the area you live in. However, 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 neighbours 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.

Complaining against Noise Pollution

If any noise causes you annoyance, discomfort or any injury, then you can file a complaint with the police or your State’s Pollution Control Board. Otherwise, you can also complain if you know that the noise((Rule 7, Noise Pollution (Control and Regulation) Rules, 2000 )). level is disturbing you or it happens at night between 10:00 pm and 6:00 am.

Causing noise pollution is a punishable offence under the law. The punishment is:

Causing Public Nuisance

Creating noise is considered to be a public nuisance when you cause any injury, danger or annoyance to the public((Section 268, Indian Penal Code, 1860 )). For example, if your neighbour plays a sound system at midnight very loudly, then this is a public nuisance.

The punishment for such nuisance is a fine up to Rs. 200.((Section 290, Indian Penal Code, 1860; Bhuban Ram and Ors. v. Bibhuti Bhushan Biswas AIR 1919 Cal 539 )) If you continue to make noise even after the Court directs you to stop the noise, the punishment is jail time up to 6 months along with a fine.((Section 291, Indian Penal Code, 1860 )).

Causing Environmental Pollution

Since noise pollution causes significant harm to the environment and surroundings, it is taken seriously under the law. For example, if the construction noise of a building is making it hard for you to live, then this is a form of noise pollution.

The punishment for this offence is jail time up to five years and/or a fine up to Rs. 1 Lakh.((Section 15, The Environment (Protection) Act, 1986. ))

If the noise pollution continues, then you may be punished with an additional fine of Rs. 5000 for every day the pollution happens. If the noise continues for more than a year despite orders to stop it, then you may be punished with jail time up to 7 years.((Section 15, The Environment (Protection) Act, 1986. ))

You have a right to complain about noise pollution and the authorities will take action against the responsible persons.

Noise can disturb our work, rest, sleep, and communication. It can damage our hearing and evoke other psychological, and possibly pathological reactions. Given below are some of the adverse health effects of noise pollution:((Noise Pollution (V), In re, (2005) 5 SCC 733. ))

Hearing Loss

Hearing loss can be either temporary or permanent.

• Noise-induced temporary threshold shift (NITTS) is a temporary loss of hearing experienced after a relatively short exposure to excessive noise.

• Noise-induced permanent threshold shift (NIPTS) is an irreversible loss of hearing that is caused by prolonged noise exposure. NIPTS occurs typically at high frequencies, usually with a maximum hearing loss which occurs around 4000 Hertz.

Both these losses may occur along with presbycusis, which is a permanent hearing impairment that happens with our natural aging process.

Interference with Communication

Noise interferes with speech communication. If both noise and speech are simultaneous, then one of the two sounds makes the other one inaudible. An important aspect of communication interference happens in:

• Occupational situations where the failure of workers to hear warning signals or shouts may lead to injury.

• In offices, schools and homes where noise is a major source of annoyance.

Disturbance of Sleep

Noise intrusion can cause difficulty in falling asleep and can awaken people who are asleep, especially young infants, older people, etc.

Annoyance

Noise annoyance may be defined as a feeling of displeasure evoked by noise. The annoyance-inducing capacity of a noise may happen over time also. For example, if the loudspeaker plays near your house for more than 1 month, then over time you may be annoyed. However, reactions to noise differ person to person depending on many factors, such as sensitivity to noise, etc. For example, you may be able to tolerate noise from a speaker near your house but your grandparents may be more sensitive to noise.

Effect on Performance

Noise can change the state of alertness of an individual and may increase or decrease efficiency. For example mental activities involving vigilance, information-gathering and analysis may be affected by noise.

Physiological Effects

Noise has an explicit effect on the blood vessels, especially the smaller ones known as pre-capillaries. Overall, noise makes these blood vessels narrower. Noise causes the peripheral blood vessels in the toes, fingers, skin and abdominal organs to constrict, thereby decreasing the amount of blood normally supplied to these areas. Blood vessels which feed the brain, dilate in the presence of noise. This is the reason why headaches result from listening to persistent high noise. Some health problems which may occur include:

• Galvanic skin response. In other words, changes in the body originating from sweat glands in the skin that reflect the intensity of an emotional state.
• Increased activity related to ulcer formation. Prolonged chronic noise can also produce stomach ulcers as it may reduce the flow of gastric juice and change its acidity.
• Changes in intestinal motility which is the movements of the digestive system, and the contents within it.
• Changes in skeletal muscle tension. In other words, the force generated by the contraction of muscles changes.
• Subjective response irritability perception of loudness
• Increased sugar, cholesterol and adrenaline
• Changes in heart rate
• Increased blood pressure
• Vasoconstriction. In other words, the constriction of blood vessels which increases blood pressure.

Noise not only causes harmful consequences to health while being awake. It also effects when the body is asleep or unaware.((Noise Pollution (V), In re, (2005) 5 SCC 733; Noise Effects Handbook: A Desk Reference to Health and Welfare Effects of Noise, by Office of the Scientific Assistant, Office of Noise Abatement and Control, US Environmental Protection Agency, October 1979. ))

Stress

Noise may cause stress in any number of ways, including headaches, irritability, insomnia, digestive disorders, and psychological disorders. For example, frequent exposure to excessive noise cause tiredness.

Effect on Unborn Babies and Children

The foetus is not fully protected from noise. Noise may threaten foetal development, like affecting the birth weight. Levels of noise which do not affect adults may interfere significantly with children as they are more sensitive. Reading ability, speech, language, and language-related skills of children may be affected due to noise pollution.

Noise pollution is largely a by-product of industrialisation, urbanisation and modern civilisation. Noise pollution has two sources(( Noise Pollution (V), In re, (2005) 5 SCC 733. )) i.e. industrial and non-industrial.

• The industrial source includes the noise from various industries and big machines working at a very high speed and high noise intensity.

• Non-industrial source of noise includes the noise created by transport/vehicular traffic and the neighbourhood noise generated by various noise pollutants can also be divided into categories, namely, natural and man-made.

Most leading noise sources are:((Noise Pollution (V), In re, (2005) 5 SCC 733. ))

Road Traffic Noise

Noise from the motors and exhaust systems of large trucks are common sources of noise pollution. For instance, the interaction of tyres with the roadway by trucks, buses, and private autos cause noise pollution. In cities, the main sources of traffic noise are the motors and exhaust systems of autos, smaller trucks, buses, and motorcycles. Read more on noise from vehicles here.

Noise from Aircraft

Aircraft are a major source of noise pollution and the law prescribes noise limits on airports depending on the aircraft movement and the area where the aircraft is situated, i.e industrial area or commercial area.

Noise from Railroads

The noise from locomotive engines, horns and whistles, and switching and shunting operations in rail yards are sources of noise pollution. For example, rail car retarders which is a device that reduces the speed of a freight unit or a railway coach, can produce a high-frequency that can reach peak levels of 120 dB at a distance of 100 feet.

Construction Noise

The noise from the construction of highways, city streets, and buildings is a major contributor to the noise and air pollution in cities. For example, construction noise sources include:

• Air Hammers

• Air compressors

• Bulldozers

• Loaders and

• Dump trucks

Noise from Industrial Activity

Fans, motors, and compressors mounted on the outside of industrial buildings may disturb people living near noisy manufacturing plants. Above all, noise from machines and industries have a significant impact on industrial workers, among whom noise-induced hearing loss is unfortunately common.

Noise in Buildings

Internal building noise from plumbing, boilers, generators, air conditioners, and fans, can be audible and annoying. Improperly insulated walls and ceilings can reveal the sound of amplified music, voices, footfalls, and noisy activities from neighbours. External noise from emergency vehicles, traffic, refuse collection, and other city noises can be a problem for urban residents. Especially when the windows are open.

Noise from Consumer Products

Certain household equipment, for instance, vacuum cleaners and some kitchen appliances are common sources of noise noisemakers, although their contribution to the daily noise levels is usually not very large.

Fireworks

Indian festivals like Diwali, marriages, etc. use fireworks during celebrations.

However, bursting firecrackers is a health hazard since it is responsible for both air pollution and noise pollution. The noise created is hazardous, can lead sometimes to non-recoverable hearing loss.

An area comprising not less than 100 meters around hospitals, educational institutions and courts are known as silence areas or silence zones.  In a silent zone you cannot:

• Play any music
• Use a public address system
• Raise any sound amplifiers
• Beat a drum or tom-tom
• Blow a musical or pressure horn, or trumpet or
• Play sounds on any instrument, or
• Exhibit any mimetic, musical or other performances to attract crowds.

 

Noise at Night 

In silent zones and residential areas you cannot cause noise pollution at night time (between 10.00pm and 6.00am) by:

• Using the horn except during a public emergency.
• Burst fire crackers which cause a lot of sound
• Operate sound emitting construction equipment

 

If you see any of these happening and you can file a complaint with the police and other authorities who will take action to prevent the noise.

 

Punishment for Noise Pollution

Anyone who causes noise pollution in silent zones will be punished with jail time and a fine.