Noise Pollution Rules in India

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Any unwanted noise that annoys, irritates and hurts the human ear is called noise. It is measured in A-weighted decibels (dB (A)), which indicate the volume of the sound. The incessant noisy construction activity, loudspeakers at events and processions, honking horns at unusual hours – all this contributes to noise pollution and violations of the law – can therefore burn holes in the pockets of those who violate the norms. Noise nuisance can be applied as a nuisance under tort law or the Code of Criminal Procedure. In 1992, the Tis Hazari Court in Delhi ordered the municipal authorities to control noise levels at public events (but the ordinance remains ineffective to this day). Noise complaints are usually ineffective and are not even registered by the police. Nevertheless, the higher judicial system in India has developed some principles to control noise pollution. In Church of God (Full Gospel) in India v K.K.R. Majestic Colony Welfare Association et al. This case is very famous and widely known as the “Church Case” in this case, the issue revolved around the right of a community to increase noise pollution for religious reasons. The Supreme Court upheld the Mumbai High Court`s order ordering the church to reduce noise levels by keeping their speakers at a lower level. It is a judgment of providence and prudence in which the Supreme Court expressed its concern to combat environmental damage caused by human activities.

Regular exposure to noise can take the form of people who are irritable, nervous, and have difficulty making decisions. DPCC officials said the penalties were reviewed by the CPCB in 2020, which recommended that violations be committed to spend more money for not meeting permissible noise limits. The rules also state that a loudspeaker or public address system can only be used with the written permission of the designated authority. In a calendar year, the provincial government may grant a cultural or religious festive event of a limited duration of up to 15 days in total. Case Description: The plaintiff defendant had his house at a distance of 8 or 9 feet from the defendant`s flour mill. The plaintiff stated that the operation of the flour mill caused great problems for the residents of the house due to unusual or inappropriate noise. However, the defendants argued that noise could never be a punishable nuisance and that they had obtained permission from the municipal committee. Previously, noise pollution and its sources were dealt with under the Air (Pollution Prevention and Control) Act 1981. Noise pollution and its sources are regulated by the Noise (Regulation and Control) Regulations 2000 and the Environmental Protection Act 1986.

The law has defined acceptable ambient noise levels, quiet zones, restrictions on the use of loudspeakers, horns, sound-emitting construction equipment and cracker bursts. According to the rules, noise can be classified as any noise emanating from the movement of vehicles, the whistling of horns, the bursting of fireworks emitting sound, the use of loudspeakers or public address systems and sound-generating instruments. The provincial government is responsible for ensuring that existing noise levels do not exceed the air quality standards set out in these regulations. The Central Pollution Control Board (CPCB) has proposed a new round of fines ranging from Rs 1,000 to Rs 1 lakh for those who breach noise pollution limitation standards under the Noise Pollution (Regulation and Control) Rules, 2000. In addition, noise standards for motor vehicles, air conditioning systems, refrigerators, diesel generators and certain types of construction machinery are prescribed in the Environmental Protection Rules, 1986. Section 2(a) of the Air (Pollution Prevention and Control) Act 1981 includes noise in the definition of “air pollutant”. The CPCB has set permissible noise levels in India for different areas. Noise pollution regulations have set the acceptable noise level in different areas day and night.

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