Theme: 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.

Who can you complain to regarding a grievance under the law?

Police

You can file an FIR (First Information Report) at the nearest police station under Section 277 of the Indian Penal Code against a person or industry that is intentionally contaminating and corrupting the water of a public spring or reservoir.(( Section 277, Indian Penal Code 1860.)) The person who is polluting the water can be punished with jail time and/or fine.

District Magistrate 

For immediate action, a person can directly complain to the District Magistrate by an application under Section 133 of Code of Criminal Procedure((  Section 133, Code of Criminal Procedure,1973.)). Under the law, the Magistrate has the power to issue a notice to the person or industry causing the pollution to remove such nuisance or stop the polluting activity.(( Municipal Council, Ratlam v. Vardhi Chand [AIR 1980 SC 1622.]))

 State Pollution Control Boards

State Pollution Control Boards are responsible for redressal of water pollution complaints. You can file a complaint by visiting the regional offices of the State Pollution Control Board of the state or on the complaint portal available on its website. Now, grievances can also be communicated to the authorities via social media handles.

States like West Bengal have set up an Integrated Grievance Management system (IGMS)(( West Bengal Pollution Control Board, accessed at:  https://www.wbpcb.gov.in/public-grievance-redressal#.)) which lays down a comprehensive process for the filing of such complaints by way of a 24*7 helpline and the West Bengal Paribesh app(( West Bengal Paribesh App (WBPCB), accessed at: https://play.google.com/store/apps/details?id=in.gov.wbpcb.paribeshapp.)). Other states like Uttar Pradesh have introduced an online portal where complaints can be filed by filing a form.(( Public Grievance, Uttar Pradesh Pollution Control Board, accessed at: http://www.uppcb.com/public_grievances.htm.))

National Green TribunalCitizens can directly file cases of water pollution with the National Green Tribunal at: https://ngtonline.nic.in/efiling/mainPage.drt.  The complaint can be filed as an individual, advocate, a representative of a law firm or NGO or as a representative of the Government of India.

What are the offences and punishments under air pollution laws?

 

Crime Law Punishment
Causing air pollution beyond air quality limits The law bans industries from releasing any air pollutants more than the limits the State Pollution Control Board has laid down.(( Section 22, Air (Prevention and Control of Pollution) Act, 1981.)) If they do, the person in-charge of the establishment has to immediately notify the State Pollution Control Board(( Section 23, Air (Prevention and Control of Pollution) Act, 1981.)) and they have to pay for any corrective measures that the agencies undertake to reduce the impact of such harmful emissions(( Section 23(3), Air (Prevention and Control of Pollution) Act, 1981.)) as per the polluter pays principle.   The concerned State Pollution Control Board can make an application to a  Court (not below a Metropolitan Magistrate or a Judicial Magistrate of the First Class) for restraining the offender from emitting the air pollutant.(( Section 22A, Air (Prevention and Control of Pollution) Act, 1981.))

The polluter will have to reimburse the costs (plus interest the State departments have to bear to control the pollution.
An industrial plant is set up or operated without proper permission It is a crime for an industrial plant to set up or operate without the proper permissions from the State Pollution Control Board(( Section 21, Air (Prevention and Control of Pollution) Act, 1981.)) or exceed the allowed emission limits(( Section 22, Air (Prevention and Control of Pollution) Act, 1981.)) or the proper pollution control equipment.(( Section 31A, Air (Prevention and Control of Pollution) Act, 1981.)) The punishment is jail time of  one and half years to six years, along with a fine.(( Section 37, Air (Prevention and Control of Pollution) Act, 1981.)) If the violation continues, then an added fine of Rs. 5,000 (maximum) can also be imposed for each day it continues. 

If such failure continues for more than a year, then the offender can be punished with jail time for two to seven years, with fine.(( Section 37(2), Air (Prevention and Control of Pollution) Act, 1981.))
Use of vehicle in unsafe condition If a vehicle is driven in a public place, which violates the standards laid down in relation to noise and air pollution, it is a punishable offence.(( Section 190(2), Motor Vehicles Act, 1988.)) The punishment is a fine of Rs. 1,000 for a first offence and Rs. 2,000 for a second offence.  
Violation of PUC(Pollution Under Control) Certificate  A person using a motor vehicle will be fined if they are not carrying a valid PUC (Pollution under Control) certificate issued by the Ministry of Road, Transport and Highways. The punishment is a fine of Rs. 10,000.(( Motor Vehicles (Amendment) Act, 2019.))
Environmental pollution: pollution of air, water or land Violation of any provision of the Environmental Protection Act, 1986 i.e pollution of air, water or land or any harm to the environment is a crime. The punishment is jail time upto 5 years along with a fine that may extend to Rs. 1,00,000. Continued failure to comply with the law will lead to an additional fine of Rs. 5,000 for every day of non-compliance.((  Section 15, Environmental Protection Act, 1986.))
Releasing of harmful pollutants  into the environment Releasing harmful pollutants into the environment forms part of the offence of public nuisance(( Ratlam Municipality v. Vardhi Chandra, 1980 AIR 1622.)) as they make the air toxic and are injurious to the health of people. Even smoking in public places is considered to be a crime of public nuisance.(( K Ramkrishnan v. the State of Kerala, AIR 1999 Ker 385.)) The  punishment is a fine of Rs. 500.(( Section 290, Indian Penal Code, 1860.)) 
Engaging in activities that are harmful to the health and physical comfort of the community  Operating industries and other processes that release air pollutants causing harmful health issues as well as discomfort to the people is an offence. This includes any conduct of any such trade or business that is harmful and causes imminent danger to the health of the people and threatens their physical discomfort. A Magistrate can pass an order(( Section 133, Code of Criminal Procedure, 1973.)) for removal of nuisance to stop such activities.

 

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.

What are the powers of the Central and State Pollution Control Boards to regulate water pollution?

Central Pollution Control Board

The Central Pollution Control Board has been constituted to prevent and control water pollution as well as maintain the wholesomeness of water.(( Preamble,The Water (Prevention and Control of Pollution) Act, 1974.)) It has the power to direct the State Pollution Control Boards(( Section 18,The Water (Prevention and Control of Pollution) Act, 1974.)). The Board, by law, can order the closure, prohibition or regulation of any industry, operation or process or stoppage or regulation of supply of electricity or water or any other services to the polluting or offending industry(( Section 33A,The Water (Prevention and Control of Pollution) Act, 1974.)). In addition to this, the Central Pollution Control Board, as a part of its function of Water Quality Monitoring and Surveillance, has the power to collect, compile and publish the technical and statistical data relating to water pollution.(( Water Quality Monitoring, cpcb.nic.in, accessed at: https://cpcb.nic.in/Introduction/.))

State Pollution Control Board

The State Pollution Control Boards have been entrusted with the power to lay down standards of discharge as well as the treatment of effluents into water bodies for all persons to comply, including body corporates. In order to achieve the aim of controlling and preventing water pollution, the state Pollution Control Boards have the power to:

i.    Obtain information: maintain records of the flow or volume of the effluents, carry out stream surveys and gather information regarding the disposal system from the industry or business establishment.(( Section 20,The Water (Prevention and Control of Pollution) Act, 1974.))

ii.      Take samples of effluents, from any stream or well, for analysis.(( Section 21,The Water (Prevention and Control of Pollution) Act, 1974.))

iii.      Enter and Inspect at any time to carry out the function of the Board or for examining the plant, records etc.(( Section 23,The Water (Prevention and Control of Pollution) Act, 1974.))

iv.      Impose restrictions on new or modified discharge outlets.(( Section 25,The Water (Prevention and Control of Pollution) Act, 1974.))

v.      Refuse or withdraw consent for the establishment of any industry or business.(( Section 27,The Water (Prevention and Control of Pollution) Act, 1974.))

vi.      Carry out other works in connection with the direction of the Board.((  Section 30,The Water (Prevention and Control of Pollution) Act, 1974.))

vii.     Perform emergency operation in the event of excess pollution of stream or well and dispose the polluting matter(( Section 32,The Water (Prevention and Control of Pollution) Act, 1974.))

viii.     Apply to the Courts to restrain the polluting industry or restrict such polluting activity.(( Section 33,The Water (Prevention and Control of Pollution) Act, 1974.))

Issue immediate orders of closure, prohibition or regulation of industries for the violation of standards or non-compliance of any orders as well as stopping of electricity or water supply to the offending establishment, in order to reduce the discharge of pollutants.((  Section 33A,The Water (Prevention and Control of Pollution) Act, 1974.))

What happens if the air pollution is caused by Government Departments?

When an offence is committed by a government department, the head or heads of that department will be held responsible for that particular offence and legal proceedings can be initiated against them.  In addition to this, if it is proven that the offence was committed with the consent, involvement, or neglect of any officer of the Government department, except the Head of Department, then that officer would be held responsible for the offence and not the head of department. Read more in our explainer on “What are the offences and punishments under this law”.

However if the offence was committed without the knowledge of the head of department or if all precautions were taken to avoid such an offence, then they would not be held responsible.(( Section 41, Air (Prevention and Control of Pollution) Act, 1981.))  

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

 

What is the role of courts in regulating water pollution?

The Supreme Court and High Courts along with the National Green Tribunal have made an immense contribution in the regulation of water pollution. The National Green Tribunal has legal authority over all civil cases raising a substantial question relating to the environment, including enforcement of any legal right relating to the environment. While the High Courts do not have absolute powers over the orders of the Tribunal, the Supreme Court is the ultimate authority over the orders of the Tribunal. The Supreme Court, High Courts and the National Green Tribunal have ruled on a number of cases relating to water pollution and enforced the proper implementation of the law. Decisions by the Courts have led to the cementing of ‘polluter’s pay principle’ and ‘the precautionary principle’ for the purposes of imposing liability onto the polluter or the potential polluter. The Courts have the power to enforce punishments for noncompliance of the orders of the Pollution Control Boards or any other violation of the law.

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.

Glossary terms

  • Effluents: Waste in liquid form; usually outflows from industries, sewage plants or wastewater treatment plants into a natural body of water.
  • Polluter pays principle: An accepted legal principle where the person responsible for the pollution is the one who pays for the damage to the environment.
  • Precautionary principle: the legal principle based on the idea of taking preventive action in the face of uncertainty or likelihood of an event in order to fix liability on the person responsible for that event.