Slumbering in the bed till late on a weekend, is invariably terminated mostly by some random worthless noise which stutters you so deep that you are not able to go back to your peaceful, non-intrusive sleep.
You feel agitated for a while and the rest of the day you keep your irritated self so close to yourself that people shy away from you.
Noise has become an interwoven part of our civilized life. Sounds of development have created a plethora of noise too. Forced complete lockdowns during the pandemic gave the world the flashing glimpses of Noise Free environment but the hardships of the hibernation of life and development were too scary and not what we would fancy for.
The civilized world would want a healthy balance between sounds of growth and limiting the harsh, unpleasantness of the noise.
Society and more so the Law governing it specifically deals with noise and the usual culprits of Noise emanating from “the Loudspeakers” to curtail the discomfort to its members without hampering the development.
As in any civilized society we too have many laws which govern and regulate the use of loudspeakers so as to let other people too enjoy their life and not harm or disturb the tranquility of their lives.
LAW RELATED TO THE USE OF LOUDSPEAKER IN INDIA
Noise pollution generated by loud speakers or public address systems is addressed under the terms of different legal provisions published by the Central Government, while some regions have their own laws restricting the use of loud music. A report to the local police office, noting the disturbance created by loud speakers is sufficient in certain areas, as they will quickly take care of it by advising the organizers and ordering them to turn down the devices.
1. The noise pollution (regulation and control) rules, 2000
The use of loudspeakers/public address systems is prohibited in the following ways under Rule 5 of the Noise Pollution (Regulation and Control) Rules, 2000:
A loud speaker or public announcement device may not be utilized unless formal authorization from the authorities is obtained. It shall not be utilized at night unless in closed venues for internal communication, such as auditoria, conference rooms, community halls, banquet halls, or during a public emergency. The noise level at the community place’s boundary wall when a loudspeaker, public address system, or any other noise source is being used should not exceed 10 dB (A) over the area’s baseline noise levels or 75 dB (A), whichever is lower.
Whoever commits any of the following offences in any location covered by the silent region is subject to penalties under the provisions of the Act: (i) anybody who listens to music or utilizes sound boosters, (ii) whoever bangs a drum or tom-tom or blows a horn, whether musically or otherwise. Pressure, trumpet, rhythms, or sounds from any instrument, or (iii) anybody who displays any mimetic, musical, or other acts of crowds are drawn to nature (iv) whoever makes a loud noise when bursting firecrackers; or (v) whoever employs the use of a loud speaker or a public address system.
2. Environment (Protection) Act, 1986.
Under the Environment (Protection) Act of 1986, ambient noise regulations for several kinds of locations (residential, commercial, industrial) and silent zones have been notified. No agency may give approval for the use of a speaker system in the outdoors after 10 p.m. and before 6 a.m. There are no exceptions. Any individual or group creating noise on an amplified system after 10 p.m. is against the law and may be punished under the terms of the Environment Protection Act (EPA), 1986.
Anyone who violates the Law is subject to arrest under the EPA’s strict legislation. If the officials fail to take action to halt the infringement of the Noise Rules, the person who submitted the complaint may take legal Action with his complaint after 60 days’ intimation, and the Court may begin prosecution. The magistrate court has the authority under Section 133 of the Code of Criminal Procedure to issue orders to eliminate or abate annoyance caused by noise pollution. Section 133 enables the executive magistrate to intervene and remove a public nuance in the first occurrence with a conditional order and thereafter with a permanent order. This provision can be used in the event of an environmental nuance.
3. U.P. Pollution Control Board guidelines
Speakers should not be used or let out without a Sound-limiter for outdoor use.
The sound-limiter will manage the noise level of the loudspeakers in accordance with the ambient noise regulations established in the Noise Pollution (Regulation & Control) Rules dated 14.02.2000. No outdoor public engagement should be held three days before significant examinations, such as secondary or higher secondary examinations, when the interests of a large number of students are concerned, and until such examinations are completed.
CASE JUDGMENTS IN RELATION TO USE OF LOUDSPEAKERS
The use of amplifiers by mosques has long been a source of contention in India. The Allahabad High Court issued a ruling on May 15th, stating that “azaan may be an essential and integral part of Islam, but its recitation through loudspeakers or other sound-amplifying devices cannot be said to be an integral part of the religion warranting protection under Article 25,” which guarantees religious freedom. The district government of Ghazipur in Uttar Pradesh had prohibited the azaan entirely, citing the coronavirus lockdown. As a result, the court’s decision provided some relief to the petitioners.
The Indian Supreme court decided in the issue of Church of God (Full Gospel) in India v. K.K.R. Majestic Colony Welfare Assn, that the Board may make instructions in regard of limiting excessive noise, even if such noise was a direct outcome of and was associated with religious activity. The Constitutional Court has highlighted that the right to live in a noise-free environment is protected by Article 21 of the Constitution, and noise is more than merely a nuisance. Indeed, the Judiciary has said that the “right to live unrestricted from noise exposure” is a basic right, and that “noise pollution exceeding acceptable limits is an infringement on that privilege.”
The Righteous Indian Supreme court channeled the implementation of rules curtailing the use of loudspeakers and high volume producing audio equipment by different individuals and forums in the case of In Re: Noise Pollution Implementation of the Laws for Restricting Use of Loudspeakers and High Volume Producing Sound Systems v. Union of India & Ors., (2005) 5 SCC 733.
The use of amplifiers was not protected by the protection of free expression in Rajni Kant Verma v. State, AIR 1958 All 360. However, in Indulal K. Yagnik v. State, AIR 1963 Guj 259, it was determined that the ability to utilise amplifiers was included in the right to free expression.
It can be seen that legislations are available to the citizen of India against any violation of fundamental rights caused by the in-appropriate and rampant use of loudspeakers in the society. Various judgments have tried to balance between the use of loudspeakers under the ambit of free speech and other judgments have clearly defined the broad framework within which loudspeaker and their usage is restricted in certain areas and times. The phrase “One man’s celebration can be other man’s headache” is quite apt in matters related to public nuisance caused by unregulated loudspeakers.
THE SOCIAL PERSPECTIVE
The Indian Society deals with this issue is a very peculiar way, the thumb rule is that if you are invited to the event or party then blaring loudspeakers are music to your ears, on the other hand if it’s being organized by a hostile party then, the rule book is to be followed to the T. The loudness of our culture is the USP we all proudly parade in front of the non-natives, so much so that the one thing which is similar in all tourist reviews about our country is the chaos and the incessant honking on the roads. We all have grown up listening to the varied high DB noise around us, whether it is the train announcement coming from a nearby railway station or the azaan from a far flung mosque or very recently the 100 DB song of the garbage collection truck. We have enjoyed the patriotic songs blaring from rooftops on National holidays and the day long loud processions on religious celebration days. We as a nation are deaf to the noise around us, and are equally insensitive to the discomfort of our fellow countrymen.
CONCLUSION
It is high time we as a society open our ears and listen to the feeble voices against noise pollution and help the authorities implement and administer the laws related to loudspeakers around us. Today when the world is becoming more sensitive towards noise pollution it is our duty to ensure that we do not violate the rights of others while we enjoy our freedom.