Theme: Pollution

What can you do if the police is unresponsive after you have filed a noise complaint?

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.

How are noise limits measured? What does *dB(A) Leq mean?

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.

Are there any noise limits for generators?

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.

What will happen if I file a complaint for noise pollution?

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.

If I have the right to give a speech under the law, is it noise pollution?

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.

What is 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.

What is water pollution?

Water pollution is the contamination of water, i.e. changing of the physical, chemical or biological properties of water or the emission of sewage or industrial discharge. It includes the introduction of any solid, liquid or gaseous pollutant into water (either directly or indirectly) which would make water toxic and injurious to the health of the public or for domestic, commercial, agricultural or other important purposes or be unsafe and harmful to the life and health of plants, animals and aquatic organisms(( Section 2(e), The Water (Prevention and Control of Pollution) Act, 1974.)).

Causes of water pollution include:

i. Solid water pollutant. For example, plastic waste, metals, food and animal remains.

ii. Liquid water pollutant. For example, sewage, human waste and industrial waste water.

iii. Gaseous water pollutant. For example, methane, carbon dioxide, sulphur dioxide, nitrogen oxide.

What is Air Pollution?

Air pollution is the presence of dust, fumes, gas, mist, odor, smoke or vapour, in the atmosphere, in quantities that can cause injury to human, plant or animal life or harm the environment.(( Expert Committee of The Central Pollution Control Board (‘CPCB’); UPADHYAY S. & UPADHYAY V, HANDBOOK ON ENVIRONMENTAL LAW: WATER LAWS, AIR WILDLIFE LAWS AND THE ENVIRONMENT (VOL. II), 2002.)) The Air Quality Index (AQI) measures the quantities of these pollutants in the atmosphere in an area. The causes of air pollution include:(( Section 2(a), Air (Prevention and Control of Pollution) Act, 1981.))

  • Solid Air Pollutant. For example, burning of solid fuels such as firewood, crop residue, cow dung cakes, coal, lignite and charcoal.(( Indicators of Social Consumption, Ministry of Statistics and Program Implementation, accessed at: http://mospi.nic.in/sites/default/files/publication_reports/Report_585_75th_round_Education_final_1507_0.pdf.))
  • Liquid Air Pollutant. For example, use of gasoline, kerosene and diesel in households. 
  • Gaseous Air Pollutant. For example, sulphur dioxide, carbon monoxide and nitrogen. 
  • Noise Pollutant. For example, harsh sounds from traffic, engines, generators and fireworks.

The National Ambient Air Quality Standards, set by the Central Pollution Control Board, lay down the permissible limits of twelve pollutants like sulphur dioxide, nitrogen dioxide, trioxygen, lead, carbon monoxide, ammonia, benzene, arsenic, nickel and particulate matter. These limits differ for industrial, residential, rural, ecologically sensitive areas and other areas created by the Central Government.(( National Ambient Air Quality Standards and Trends 2019, cpcb.nic.in, accessed  at: https://cpcb.nic.in/upload/NAAQS_2019.pdf.))

 

Right to Clean Environment

The right to a clean environment is a right available to all citizens in India.(( Shri. Sachidanand Pandey v. State of West Bengal, AIR 1987 SC 1109.)) Article 21 of the Constitution of India, 1950 lays down the right to life and personal liberty, which includes the right to pollution-free air(( Subhash Kumar v. State of Bihar, AIR  (1991) 1 SCC 598; M.C. Mehta v. Union of India (Aravalli Mining case) (2004) 12 SCC 118.)) and a clean environment. Art. 51A(g) of the Constitution also creates a duty upon every citizen to protect and preserve the environment.(( Article 51A(g), The Constitution of India, 1950.))

If a person is suffering from health issues, due to air pollution, they have a right to complain under the law. Read more in our explainer “Who can you complain to regarding a grievance under the law?”

Punishment for Noise Pollution

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.

What are the rights a person has under this law?

The right to healthy environment(( Rural Litigation and Entitlement Kendra v. State of U.P, (1985) 2 SCC 431 : AIR 1985 SC 652.)) for all persons is a part of the Right to Life guaranteed by Article 21 of the Constitution of India. This includes the right to pollution free water(( A.P. Pollution Control Board v. M.V. Nayadu II, (1999) 2 SCC 247 : AIR 1999 SC 912; Mrs. Susetha v. State of T.N., (2006) 6 SCC 543; Narmada Bachao Andolan v. Union of India, (2000) 10 SCC 664; Subhash Kumar v. State of Bihar, (1991) 1 SCC 598 : AIR 1991 SC 420.))(( T. Damodhar Rao v. S.O. Municipal Board, AIR 1987 AP 171; Chhetriya Pradushan Mukti Sangarsh Samiti v. State of U.P., (1990) 4 SCC 449 : AIR 1990 SC 2060; T.N. Godavarnam Thirumalpad v. Union of India, (2002) 10 SCC 606.)).  People have a right to seek remedy for anything which endangers or impairs the quality of life under Article 21 i.e., interferes with the clean water or pollutes water, in violation of the laws,  under Article 32 of the Constitution(( Subhash Kumar v. State of Bihar , AIR 1991 SC 420.)).

Article 48A and Article 51A(g) of the Constitution of India, place a duty on the State as well as every citizen of India to improve and protect the environment including rivers and lakes from pollution.