Noise Pollution (VI) In Re [ Writ Petition ( c) No. 72 of 1998 ]

Country India
Category Right to a clean environment
Date of Judgment 03-10-2005
Link / Attachment View Attachment
  • Description

    The petitioner filed this Special Leave Petition, moved by the incidence of a 13-year-old rape victim committing suicide when her cries for help fell on deaf ears due to the earsplitting noise emanating from the loud speakers in the neighborhood. The petitioner challenged the validity of Rule No. 89 of The Environment (Protection) Rules 1986, as there was severe failure on part of the machinery in implementing the regulations. The petitioner further alleged that the noise produced by use of loud speakers at public, political speeches, religious places, processions, bhajans, and marriage functions. The noise created by the use of high capacity Stereo systems during terrace parties, or in clubs. The bursting of crackers during festivals and parties all were causing noise pollution. The noise pollution so caused disturbed and effected the concentration of the students preparing for their examination; caused physiological, psychological and occupational or other forms of communication interference to small children and elderly people in school and residential zones. Hence, all such noise polluters especially the firecracker manufacturers be prohibited completely from manufacturing loud sound making crackers.

    Issue: Whether, implementation of laws restricting the use of Loudspeakers and bursting of crackers during festivals and political speech amounts to breach of Fundamental right of Speech and Expression for some and breach of right to conduct business for cracker manufacturers?

    Arguments: The Respondents- Union Of India and Central Pollution Control Board choose not to oppose the petitioner’s prayer and rather supported the petitioner by bringing in research documents and highlighted the practical difficulties faced by the authorities meant for regulating the noise pollution levels.

    Source:

    Aparna Meduri (2006). Forum, from the Prevention of Environmental & Sound Pollution Vs. Union of India and Other
    https://www.google.lk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=3&cad=rja&uact=8&ved=0ahUKEwi0kfGdvcDNAhWEk5QKHal6BrQQFggqMAI&url=https%3A%2F%2Fworks.bepress.com%2Faparna_meduri%2F14%2Fdownload%2F&usg=AFQjCNEYvGItqll8T89UuUzmOP_

  • Judgment

    The Apex Court while considering the evidences and supportive decisions produced by the petitioner passed orders directing the Union Government to amend Environment (Protection) Rules 1986 especially Rule 89 thereby imposing stricter Noise standards for 1 AIR October 2005 S.C.3136 use and manufacture of fire-crackers like bursting of fire crackers only between 6 A.M and 10 P.M and not to be used in silence zones like Schools, educational institutions, hospitals, Courts, religious places etc. The Government was further directed to bring in awareness among public especially the young children by educating them on ill effects of air, water, and noise pollution in their curriculums either by using the medium of print or press.

    Source:

    Aparna Meduri (2006). Forum, from the Prevention of Environmental & Sound Pollution Vs. Union of India and Other
    https://www.google.lk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=3&cad=rja&uact=8&ved=0ahUKEwi0kfGdvcDNAhWEk5QKHal6BrQQFggqMAI&url=https%3A%2F%2Fworks.bepress.com%2Faparna_meduri%2F14%2Fdownload%2F&usg=AFQjCNEYvGItqll8T89UuUzmOP_