Theme: Noise Pollution

Zone-wise Noise Standards/Limits

Every State Government categorizes areas into the following, where various noise standards/limits have to be followed:  

  • Industrial
  • Commercial
  • Residential 

 

Development authorities, local bodies and other authorities while planning developmental activity or carrying out functions relating to town/country planning have the responsibility to avoid noise menace and maintain noise standards. For example, the Supreme Court in a case, asked a business manufacturing utensils to reduce noise and bring it within permissible noise limits, as it was disturbing the neighbourhood including teachers, students and neighbours near the business premises. 

 

Noise Standards in India

Depending on the area or zone, there are noise limits/standards which need to be maintained. If it goes above the limit, then it would be noise pollution. 

Area or Zone Limits in dB(A) Leq* (Day Time from 6.00 am. to 10.00 p.m) Limits in dB(A) Leq* (Night Time from (10.00 p.m. to 6.00 a.m)
Industrial area 75 70
Commercial area 65 55
Residential area 55 45
Silence Zone 50 40

If you violate these limits given in the table above, then you will be punished under the law with jail time and a fine.

Loudspeakers and Public Address System

Loudspeakers and public address systems are a common source of noise pollution in India and can only be used after getting written permission from local authorities. If the loudspeakers and amplifiers or other equipment or gadgets cause pollution then they may be seized and confiscated by the Government authorities. The noise level where loudspeaker or public address system or any other noise source is being used shall not exceed:

  • 10 dB(A) above the ambient noise standards for the area, or
  • 75 dB(A)

 

Most noise levels are given in dB(A), which are decibels adjusted to reflect the ear’s response or sensitivity of the human ear to different frequencies of sound. 

 

Night Time

Under the law, a loudspeaker, public address system, sound producing instrument, amplifier shall not be used at night between 10.00 p.m. to 6.00 a.m. except in closed premises like auditoriums, conference rooms, community halls, banquet halls or during a public emergency.

 

Religious Festivals

The State Government may permit the use of loudspeakers, public address systems, etc. during night hours (between 10.00 p.m. to 12.00 midnight) during cultural or religious occasions. The State Government can notify days on which using such equipment or instruments will not be considered as noise pollution. However, the Government can include only a maximum of 15 days in a year. For example, the Government may allow the use of loudspeakers during festivals like Diwali, Onam, Pongal, etc.

 

Privately Owned Sound Systems

If you own a sound system or a sound producing instrument, then it cannot exceed by  more than the noise limit which is 5 dB(A).

If you are being disturbed because of loudspeakers or any other sound producing instrument, then you can file a complaint to stop the noise pollution and the person making such noise will be punished.

Noise From Vehicles

Vehicles are a common source of noise pollution in India. You can be fined if you misuse your vehicle horn by:

  • Sounding the horn in a silent zone
  • Sounding the horn needlessly or continuously in a manner which is more than necessary to ensure your or others’ safety
  • Sounding the horn during night time (10 p.m. to 6 a.m.) in residential areas except during a public emergency.
  • Sounding a multi-toned horn that gives an unduly harsh, shrill, loud or alarming noise.

Even at the manufacturing stage of cars there are noise limits which have to be followed otherwise you will be punished with jail time and fine 

Silencers

Every motor vehicle including agricultural tractors have to be fitted with a silencer which by means of an expansion chamber or otherwise so that it reduces as far as practicable possible, the noise made by the escape of exhaust gages from the engine.

Airports

Airports are also regulated to prevent noise pollution. The noise standards only apply to busy airports which have more than 50,000 aircraft movements per year and not to:

  • Civil airports which have less than 15000 aircraft movement annually
  • Defense aircraft, aircraft landing and take off noise, aircraft engines, helipad locations.

If airports do not follow the noise standards given below then the authorities will take action against the airport.

 

Type of Airport Limits in dB(A) Leq* (Day Time from 6.00 am. to 10.00 p.m) Limits in dB(A) Leq* (Night Time from (10.00 p.m. to 6.00 a.m)
Industrial area 70 65
Commercial area 65 60

 

Filing A Noise Complaint

If any noise is being made which causes you annoyance, discomfort or any injury, then you can file a complaint with the authorities given below. You can also complain if you know that the noise level has exceeded the noise standards by 10 dB(A) in any area or there is noise pollution that happens at night between 10:00 pm and 6:00 am.

 

Police

You can complain to the nearest police station, call 100 or file an online complaint with your State’s police complaint portal if you want to prevent noise pollution. The officer in charge of the police station, police commissioner or any officer (not below the rank of Deputy Superintendent of Police) can take action by:

  • Seizing equipment, 
  • Stopping the use of a microphone or loudspeaker, etc.
  • Going to the Pollution Control Board and getting a written order prohibiting the noise.  

Central and State Pollution Control Board

The Central Pollution Control Board (CPCB) provides technical services to the Ministry of Environment and Forests for implementation of the provisions of the Environment (Protection) Act, 1986. Its main functions are to promote cleanliness of water in streams, wells, etc. and prevent water pollution. The Board also has the duty to improve the quality of air by preventing air and noise pollution. The Head Office of the CPCB is in New Delhi and they also have several regional offices across states.

Even though the offices of the CPCB are only there in a few states, every state also has an office known as the State Pollution Control Board (SPCB). 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 which is capable of producing or reproducing sound
  • Sounds caused by bursting of sound emitting fire crackers
  • Sounds caused from a business operation, or trade, for example, business of manufacture of 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.  

 

Courts

 

District Magistrate

You can approach the nearest District Magistrate (Court) with the help of a lawyer to complain about noise pollution. The Court has the power to temporarily stop or remove the nuisance caused by noise pollution. The Court may pass the following orders after hearing out the person who caused the noise pollution:

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

 

National Green Tribunal

The National Green Tribunal (NGT) is a specialised judicial body where you can go to file environmental cases including noise pollution cases. The NGT was set up to: 

  • Provide effective and expeditious remedies for  environmental protection,
  • Conservation of forests and other natural resources
  • Enforcement of any legal right relating to the environment. 

The NGT’s orders are binding and it has power to grant relief in the form of compensation to affected persons.

Locations of the Tribunal

The NGT has a presence in five zones – North, Central, East, South and West. The Principal Bench is situated in the North Zone, headquartered in Delhi. The Central zone bench is situated in Bhopal, East zone bench in Kolkata, South zone bench in Chennai and West zone bench in Pune.

Filing a Complaint with the NGT

Any person seeking relief and compensation for environmental damage or pollution involving subjects like air pollution, environment pollution, water pollution, etc. can  approach the NGT. The decisions of the NGT 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.