Noise Pollution Restricting Use of Loudspeakers  Insc 356 (18 July 2005)
R.C. Lahoti & Ashok Bhan
of the Laws for restricting use of loudspeakers and high volume producing sound
CIVIL APPEAL NO. OF 2005 [Arising out of SLP (C) No. 21851/2003] Forum,
Prevention of Envn. & Sound Pollution Appellant Versus Union of India & Anr. Respondents R.C. Lahoti, CJI These
two matters before us raise certain issues of far- reaching implications in
day-to-day life of the people in India relatable to noise pollution vis-a-vis right to life enshrined in
Article 21 of the Constitution as interpreted in its wide sweep by the
constitutional courts of the country. Though a limited grievance was raised to
begin with but several intervenors and interlocutory applications enhanced the
scope of hearing and the cases were heard in a very wide perspective centering around
Article 21 of the Constitution. Several associated and incidental issues have
also been gone into.
in W.P.(C) No.72/98 CWP No. 72/98 is filed by Shri Anil K. Mittal, an engineer
by profession moving the Court pro bono publico. The immediate provocation for
filing the petition was that a 13 year old girl was a victim of rape (as
reported in newspapers of January 3, 1998).
Her cries for help sunk and went unheard due to blaring noise of music over
loudspeaker in the neighbourhood. The victim girl, later in the evening, set
herself ablaze and died of 100% burn injuries. The petition complains of noise
created by the use of the loudspeakers being used in religious performances or
singing bhajans and the like in busy commercial localities on the days of
weekly offs. Best quality hi-fi audio systems are used. Open space, meant for
use by the schools in the locality, is let out for use in marriage functions
and parties wherein merry making goes on with hi-fi amplifiers and loudspeakers
without any regard to timings. Modern residents of the locality organize
terrace parties for socializing and use high capacity stereo systems in
abundance. These are a few instances of noise pollution generated much to the
chagrin of students taking examinations who find it utterly difficult to
concentrate on studies before and during examinations. The noise polluters have
no regard for the inconvenience and discomfort of the people in the vicinity.
Noise pollution has had its victims in the past and continues to have victims
today as well. The petitioner seeks to invoke the writ jurisdiction of this
Court so that there may not be victims of noise pollution in future. The
principal prayer is that the existing laws for restricting the use of
loudspeakers and other high volume noise producing audio-video systems, be
directed to be rigorously enforced.
in C.A. No. of 2005 (Arising out of S.L.P.(C) No.21851/03) Leave granted.
Government of India framed and published Noise Pollution Control and Regulation
Rules, 1999. On 11.10.2002 the Government of India brought in an amendment in
the Rules. The amendment empowered the State Government to permit use of
loudspeaker or public address system during night hours (between 10 pm and 12
pm mid-night) on or
during the cultural or religious occasions for a limited period not exceeding
15 days. Vires of this amendment were put in issue by the appellant submitting
that the provision is not accompanied by any guidelines and is capable of being
misused to such an extent that the whole purpose behind enacting the Rules
itself may be defeated. The High Court of Kerala found the petition devoid of
any merit and directed the petition to be dismissed. Feeling aggrieved, this
petition has been filed by special leave.
special leave petition and, in particular, the writ petition raise issues of
wide ranging dimensions relating to noise pollution and the implications
thereof. Taking cognizance of the matters as public interest litigation, the
Court vide its order dated 6.4.98, directed the cause title of the petition
filed by Shri Anil Kumar Mittal to be amended as "In re. Noise PollutionImplementation
of the Laws for Restricting Voice of Loudspeakers and High Volume Producing
Sound System". The Court also appointed Shri Jitender Sharma, Senior
Advocate and Shri Pankaj Kalra, Advocate to appear as Amicus Curiae. Both the
learned counsel were present in the Court and accepted the assignment.
Unfortunately, Shri Pankaj Kalra, Advocate expired during the pendency of the
Narayan, Advocate has appeared in his place and assisted the Court.
Union of India and the Central Pollution Control Board have not opposed the
prayer made in the writ petition and the appeal and have rather supported the
writ petitioner. Valuable inputs have been provided by the Central Pollution
Control Board in the form of pleadings, authentic publications, research
documents and other papers. The Union of India, while not opposing the relief
sought for by the petitioner, has pointed out several practical difficulties in
completely regulating and where necessary, eliminating noise pollution.
as we have already noted, the sweep of hearing in these matters has been very
wide, the principal thrust of the writ petitioner and the learned Amicus has
been directed towards noise created by firecrackers, loudspeakers used __ by
political parties, at religious places and on religious and social occasions or
Jana Sabai, Tamil Nadu Fireworks and Amorces Manufacturers Association,
Universal Society Performance, All India Federation of Fireworks Association,
Indian Fireworks Manufacturers Association and some individuals have sought for
interventions. It is not necessary to notice the contents of the intervention
applications in detail. Suffice it to say that the reliefs sought for in the
applications are conflicting. Some of the intervenors have sought for:-
noise created by horns of engines, pressure horns in automobiles, loudspeakers,
denting painting of cars, particularly, in residential areas and from
unauthorized premises being prohibited;
of loudspeakers in religious places such as temples, mosque, churches, gurudwaras
and other places being discontinued or at least regulated;
burst during Diwali festival and on other occasions for fun or merry making
being prohibited completely, if the noise created exceeds certain decibels and
being so regulated as to prevent bursting during night hours.
set of intervenors seeks such like reliefs:-
exemption in favour of bursting of firecrackers on or during festivals without
regard to the limit of time as such bursting of firecrackers is associated with
the performance of ceremonies relating to religion or social occasions;
down mechanism for regulating the very manufacturing of firecrackers so that
such firecrackers as unreasonably enhance noise pollution may be kept away from
entering the markets and playing into the hands of the people.
obvious that during the course of the hearing the scope got enlarged and the
Court has been addressed on very many issues from very many angles.
21 of the Constitution guarantees life and personal liberty to all persons. It
is well settled by repeated pronouncements of this Court as also the High
Courts that right to life enshrined in Article 21 is not of mere survival or
existence. It guarantees a right of persons to life with human dignity. Therein
are included, all the aspects of life which go to make a person's life
meaningful, complete and worth living. The human life has its charm and there
is no reason why the life should not be enjoyed along with all permissible
pleasures. Anyone who wishes to live in peace, comfort and quiet within his
house has a right to prevent the noise as pollutant reaching him. Noone can
claim a right to create noise even in his own premises which would travel beyond
his precincts and cause nuisance to neighbours or others. Any noise which has
the effect of materially interfering with the ordinary comforts of life judged
by the standard of a reasonable man is nuisance. How and when a nuisance
created by noise becomes actionable has to be answered by reference to its
degree and the surrounding circumstances, the place and the time.
who make noise often take shelter behind Article 19(1)A pleading freedom of
speech and right to expression.
the freedom of speech and right to expression are fundamental rights but the
rights are not absolute. Nobody can claim a fundamental right to create noise
by amplifying the sound of his speech with the help of loudspeakers. While one
has a right to speech, others have a right to listen or decline to listen.
Nobody can be compelled to listen and nobody can claim that he has a right to
make his voice trespass into the ears or mind of others. Nobody can indulge
into aural aggression. If anyone increases his volume of speech and that too
with the assistance of artificial devices so as to compulsorily expose
unwilling persons to hear a noise raised to unpleasant or obnoxious levels then
the person speaking is violating the right of others to a peaceful, comfortable
and pollution-free life guaranteed by Article 21. Article 19(1)A cannot be
pressed into service for defeating the fundamental right guaranteed by Article
need not further dwell on this aspect. Two decisions in this regard delivered
by High Courts have been brought to our notice wherein the right to live in an
atmosphere free from noise pollution has been upheld as the one guaranteed by
Article 21 of the Constitution. These decisions are Free Legal Aid Cell Shri Sugan
Chand Aggarwal alias Bhagatji v. Govt. of NCT of Delhi and others, AIR (2001)
Delhi 455 (D.B.) and P.A. Jacob v. Superintendent of Police, Kottayam, AIR
(1993) Kerala 1. We have carefully gone through the reasoning adopted in the
two decisions and the principle of law laid down therein, in particular, the
exposition of Article 21 of the Constitution. We find ourselves in entire
present cases provide an opportunity for examining several questions, such as
what is noise? What are its adverse effects? Whether noise pollution runs in
conflict with the fundamental rights of the people? And what relief can be
allowed by way of directions issued in public interest? I Noise what it is?
The word noise is derived from the Latin term "nausea". It has been
defined 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 is defined as unwanted sound. Sound which pleases
the listeners is music and that which causes pain and annoyance is noise. At
times, what is music for some can be noise for others .
2(a) of the Air (Prevention and Control of Pollution) Act, 1981, includes noise
in the definition of 'air pollutant'.
2(a) "air pollutant" means any solid, liquid or gaseous substance
including noise present in the atmosphere in such concentration as may be or
tend to be injurious to human beings or other living creatures or plants or
property or environment.
to Encyclopaedia Britannica : "In acoustics noise is defined as any
undesired sound." According to Chambers 20th Century Dictionary , noise
means Sound especially of loud, harsh or confused kind; a sound of any kind; an
over loud or disturbing sound; frequent or public talk.
Chambers 21st Century Dictionary, the definition of noise has undergone a
change. Noise pollution stands carved out as a phrase separately from noise.
The two are defined as under :
a sound; a harsh disagreeable sound, or such sound; a din. pollution an excessive
or annoying degree of noise in a particular area, e.g. from traffic or aeroplane
engines." "Pollution" is a noun derived from the verb
"pollute". Section 2(c) of the Environment (Protection) Act, 1986
defines "environmental pollution" to mean the presence in the
environment of any environmental pollutant. Section 2 (b) of the said Act
defines "environmental pollutant" to mean any solid, liquid or
gaseous substance present in such concentration as may be, or tends to be
injurious to environment.
disturbance produced in our environment by the undesirable sound of various
kinds is called "noise pollution".
Noise as nuisance and health hazard Noise is more than just a nuisance. It
constitutes a real and present danger to people's health. Day and night, at
home, at work, and at play, noise can produce serious physical and
psychological stress. Noone is immune to this stress. Though we seem to adjust
to noise by ignoring it, the ear, in fact, never closes and the body still
responds-sometimes with extreme tension, as to a strange sound in the night.
is a type of atmospheric pollution. It is a shadowy public enemy whose growing
menace has increased in the modern age of industrialization and technological
advancement. Although a soft rhythmic sound in the form of music and dance
stimulates brain activities, removes boredom and fatigue, but its excessiveness
may prove detrimental to living things. Researches have proved that a loud
noise during peak marketing hours creates tiredness, irritation and impairs
brain activities so as to reduce thinking and working abilities. Noise
pollution was previously confined to a few special areas like factory or mill,
but today it engulfs every nook and corner of the globe, reaching its peak in
urban areas. Industries, automobiles, rail engines, aeroplanes, radios,
loudspeakers, tape recorders, lottery ticket sellers, hawkers, pop singers,
etc., are the main ear contaminators of the city area and its market place. The
regular rattling of engines and intermittent blowing of horns emanating from
the caravan of automobiles do not allow us to have any respite from irritant
noise even in suburban zones.
modern days noise has become one of the major pollutants and it has serious
effects on human health. Effects of noise depend upon sound's pitch, its
frequency and time pattern and length of exposure. Noise has both auditory and
non-auditory effects depending upon the intensity and the duration of the noise
level. It affects sleep, hearing, communication, mental and physical health. It
may even lead to the madness of people.
noises, which are melodious, whether natural or man-made, cannot always be
considered as factors leading to pollution.
can disturb our work, rest, sleep, and communication.
damage our hearing and evoke other psychological, and possibly pathological
reactions. However, because of complexity, variability and the interaction of
noise with other environmental factors, the adverse health effects of noise do
not lend themselves to a straightforward analysis .
Loss "Deafness, like poverty, stunts and deadens its victims."- says
Helen Keller. Hearing loss can be either temporary or permanent.
temporary threshold shift (NITTS) is a temporary loss of hearing acuity
experienced after a relatively short exposure to excessive noise. Pre-exposure
hearing is recovered fairly rapidly after cessation of the noise. Noise induced
permanent threshold shift (NIPTS) is an irreversible loss of hearing that is
caused by prolonged noise exposure. Both kinds of loss together with presbyacusis,
the permanent hearing impairment that is attributable to the natural aging
process, can be experienced simultaneously .
occurs typically at high frequencies, usually with a maximum loss at around
4,000 Hz. It is now accepted that the risk of hearing loss is negligible at
noise exposure levels of less than 75 dB(A) Leq (8-hr). Based on national
judgments concerning acceptable risk, many countries have adopted industrial
noise exposure limits of 85 dB(A) +5 dB(A) in their regulations and recommended
practices . [N.B.- Hz. is abbreviation of Hertz which is the unit of frequency,
equal to one cycle per second. Hertz (Hz) is the name, by international
agreement, for the number of repetitions of similar pressure variations per
second of time; this unit of frequency was previously called "cycles per
second" (cps or c/s)].
with Communication The interference of noise with speech communication is a
process in which one of two simultaneous sounds renders the other inaudible. An
important aspect of communication interference in occupational situations is
that the failure of workers to hear warning signals or shouts may lead to
injury. In offices, schools and homes, speech interference is a major source of
intrusion can cause difficulty in falling asleep and can awaken people who are asleep
Noise annoyance may be defined as a feeling of displeasure evoked by noise. The
annoyance inducing capacity of a noise depends upon many of its physical
characteristics and variations of these with time. However, annoyance reactions
are sensitive to many non-acoustic factors of a social, psychological, or
economic nature and there are considerable differences in individual reactions
to the same noise .
on performance Noise can change the state of alertness of an individual and may
increase or decrease efficiency. Performance of tasks involving motor or
monotonous activities is not always degraded by noise. At the other extreme,
mental activities involving vigilance, information gathering and analytical
processes appear to be particularly sensitive to noise .
Effects It has been determined that noise has an explicit effect on the blood
vessels, especially the smaller ones known as pre-capillaries.
noise makes these blood vessels narrower. Noise causes the peripheral blood
vessels in the toes, fingers, skin and abdominal organs to constrict, thereby
decreasing the amount of blood normally supplied to these areas .
clinical manifestations of stress concomitant with noise are :
activity related to ulcer formation,
in intestinal motility,
in skeletal muscle tension,
response irritability perception of loudness,
sugar, cholesterol & adrenaline,
in heart rate,
increased adrenal hormones,
only might there be harmful consequences to health during the state of
alertness, but research also suggests effects may occur when the body is
unaware or asleep. (Source; NOISE EFFECTS HANDBOOK, A Desk Reference to Health
and Welfare Effects of Noise By Office of the Scientific Assistant, Office of
Noise Abatement and Control, U.S. Environmental Protection Agency, October
1979, Revised July 1981) The investigations have revealed that the blood
vessels which feed the brain, dilate in the presence of noise. This is the
reason why headaches result from listening to persistent high noise .
studies have also been conducted on various other groups such as people living
near airports, and school children exposed to traffic noise, showing that there
may be some risk for these people. In addition, laboratory studies on animals
and humans have demonstrated a relationship between noise and high blood
pressure. Other studies have shown that noise can induce heart attacks .
chronic noise can also produce stomach ulcers as it may reduce the flow of
gastric juice and change its acidity.
what other stress effects can noise be associated? Stress can be manifested in
any number of ways, including headaches, irritability, insomnia, digestive
disorders, and psychological disorders. Workers who are exposed to excessive
noise frequently complain that noise just makes them tired.
a few field studies have been done on workers in Europe, examining the
relationship between noise and illness. In these studies, noise has been
related to the following:
morbidity (illness); Neuropsychological disturbances___ Headaches, Fatigue,
Insomnia, Irritability, Neuroticism;
system disturbances___ Hypertension, Hypotension, cardiac disease; Digestive
disorders___ Ulcers, Colitis; Endocrine and biochemical disorders;
and the unborn.
is ample evidence that environment has a role in shaping the physique, behavior
and function of animals, including men, from conception and not merely from
birth. The fetus is capable of perceiving sounds and responding to them by
motor activity and cardiac rate change .
Effects on unborn, children and human beings generally The fetus is not fully
protected from noise. Noise may threaten fetal development. Noise has been
linked to low birth weights. Levels of noise which do not interfere with the
perception of speech by adults may interfere significantly with the perception
of speech by children as well as with the acquisition of speech, language, and
language-related skills. Because they are just learning, children have more
difficulty in understanding language in the presence of noise than adults do.
Reading ability also may be seriously impaired by noise. Apart from children,
the noise pollution causes several adverse effects on human beings generally.
of these are:
physiological response such as stress, arousal response, cardiovascular effects
disturbance and so on.
Sources of Noise Pollution.
pollution like other pollutants is also a by-product of industrialization,
urbanization and modern civilization.
speaking, the noise pollution has two sources, i.e. industrial and
non-industrial. The industrial source includes the noise from various
industries and big machines working at a very high speed and high noise
intensity. Non-industrial source of noise includes the noise created by
transport/vehicular traffic and the neighbourhood noise generated by various
noise pollution can also be divided into the categories, namely, natural and
leading noise sources will fall into the following categories: road traffic,
aircraft, railroads, construction, industry, noise in buildings, and consumer
Road traffic noise Noise from the motors and exhaust systems of large trucks
provides the major portion of highway noise impact, and provides a potential
noise hazard to the driver as well. In addition, noise from the interaction of tyres
with the roadway is generated by trucks, buses, and private autos.
city, the main sources of traffic noise are the motors and exhaust systems of
autos, smaller trucks, buses, and motorcycles. This type of noise can be
augmented by narrow streets and tall buildings, which produce a
"canyon" in which traffic noise reverberates.
Aircraft noise Nowadays, the problem of low-flying military aircraft has added
a new dimension to community annoyance, as the nation seeks to improve its
"nap-of-the-earth" warfare capabilities. In addition, the issue of
aircraft operations over national parks, wilderness areas, and other areas
previously unaffected by aircraft noise has claimed national attention over
Noise from railroads The noise from locomotive engines, horns and whistles, and
switching and shunting operations in rail yards can impact neighbouring
communities and railroad workers. For example, rail car retarders can produce a
high-frequency, high-level screech that can reach peak levels of 120 dB at a
distance of 100 feet which translates to levels as high as 138 or 140 dB at the
railroad worker's ear.
Construction noise The noise from construction of highways, city streets, and
buildings is a major contributor to the urban scene. Construction noise sources
include pneumatic hammers, air compressors, bulldozers, loaders, dumptrucks
(and their back-up signals), and pavement breakers.
Noise in industry Although industrial noise is one of the less prevalent
community noise problems, neighbours of noisy manufacturing plants can be
disturbed by sources such as fans, motors, and compressors mounted on the
outside of buildings. Interior noise can also be transmitted to the community
through open windows and doors, and even through building walls. These interior
noise sources have significant impacts on industrial workers, among whom noise-
induced hearing loss is unfortunately common.
Noise in buildings Apartment dwellers are often annoyed by noise in their
homes, especially when the building is not well designed and constructed. In
this case, internal building noise from plumbing, boilers, generators, air
conditioners, and fans, can be audible and annoying. Improperly insulated walls
and ceilings can reveal the sound of amplified music, voices, footfalls, and
noisy activities from neighbouring units. External noise from emergency
vehicles, traffic, refuse collection, and other city noises can be a problem
for urban residents, especially when windows are open or insufficiently glazed.
Noise from consumer products Certain household equipment, such as vacuum
cleaners and some kitchen appliances have been and continue to be noisemakers,
although their contribution to the daily noise dose is usually not very large.
Noise pollution in the special context of Fireworks.
are used all over the world to celebrate special occasions. In India, fireworks
are burst on festivals like Dussehra, Diwali and on special occasions like
social gatherings, marriages, Independence day, Republic day, New year day,
etc. In other countries of the world, fireworks are generally burst either on
the New Year day or on the birthday of their respective countries.
bursting of firecrackers is a health hazard since it is responsible for both
air pollution and noise pollution .
use of Fireworks has led to air pollution in the form of noise and smoke. Their
excessive use has started to be a public hazard and violation of their
fundamental rights as enshrined in the Constitution of India.
been held in the case of "Om Birangana Religious Society v. State, 100 CWN
617" that the "Freedom of speech and expression guaranteed under
Article 19(1)(a) of the Constitution of India includes, by necessary
implication, freedom not to listen and/or to remain silent. A citizen has a
right to leisure, right to sleep, right not to hear and right to remain silent.
He also has the right to read and speak with others". Because of the
tremendous sound and noise, the citizens cannot exercise all these fundamental
been seen that firecrackers noise is an impulsive noise and is hazardous.
Bursting of a firecracker near the ear can lead sometimes to non-recoverable
is the most important festival of India. The bursting of firecrackers during
this period is a wide spread practice. The unpredictable, intermittent and
impulsive noise produced by bursting of crackers all around, turns the festival
of lights into cacophony of noise. People are unable to even sleep due to this
excessive noise pollution. Several people are injured due to the noise produced
by firecrackers every year.
not only increase the ambient noise level but also contribute significantly in
increasing the air pollution by means of toxic gases and particles due to their
blast wave resulting from a rapid release of energy.
order to assess the situation of noise pollution caused by Firecrackers at the
time of Diwali the Central Pollution Control Board (CPCB) has been conducting
ambient noise level monitoring during Diwali festival regularly at various
locations in Delhi since 1993, to find increased ambient noise level caused by
intensive burning of crackers. As in the past, the noise and air quality monitoring
have been carried out in the years 1999, 2000, 2001, and 2002. The noise
monitoring locations have been selected to cover almost all areas of Delhi .
analysis of the reports prepared in the years 1999, 2000, 2001, and 2002
reveals that the ambient noise level on Diwali day exceeded the limit at almost
all the places during these years. The noise level was higher during
Diwali-2000 as compared to the values recorded during Diwali festival in the
years 1999, 2001, and 2002 .
percentage of violation in L.eq. noise level varied from 02 to 49% in the year
2002, 12 to 55% in the year 2001, 11 to 58% in the year 2000 and 22 to 47% in
the year 1999 with respect to the day time standards at all the areas . [N.B. Equivalent
Continuous Sound Pressure Level, Leq is the level of that steady sound which
over the same interval of time, contains the same total energy (or dose) as the
fluctuating sound. Equivalent continuous sound level has gained widespread
acceptance as a scale for the measurement of long-term noise exposure.] The
ambient noise level conducted during the years 1999 to 2002 on Diwali festival,
exceeded the limit at all places in every year and the percentage of violation
varies from 2% to 58% .
the study does reveal that the noise levels that have been measured on all
these occasions have been more than the prescribed norms. This is a point of
worry as it has been discussed that noise pollution does tend to have adverse
effects on a person.
immediate steps in this direction need to be taken.
problem of noise pollution due to firecrackers is not only limited to India.
Similar problems are being experienced in other countries as well. In fact in
United Kingdom, in Nottingham the "Be Safe Not Sorry" campaign was
launched after the post was inundated with letters from readers to the
newspaper saying they were fed up with the noise, nuisance and the distress
that fireworks cause.
Methodology adopted in other countries for noise pollution control.
countries of the World have enacted different legislations to control the noise
pollution. For Example, in England there is a Noise Abetment Act, 1960 Section
2 of this Act provides that loudspeakers should not be operated between the
hours of 9:00 in the evening and 8:00 in the following morning for any purpose
and at any other time for purpose of advertisement and entertainment, trade or
business. Control on Pollution Act of 1974, contains provisions for controlling
noise pollution and it provides noise to be actionable must amount to nuisance
in the ordinary legal sense. Section 62 of the English Control of Pollution
Act, 1974, operates as perfect control for 'Street Noise'. This provision has
been defined as a highway and any other road, footway or square or court which
is for the time being open to public. In Japan there is Anti Pollution Basic
Law, which helps to control the pollution including noise pollution.
of the notable legislations may be mentioned illustratively.
Act 1996- U.K.
Act makes provision about noise emitted from dwellings at night; about the
forfeiture and confiscation of equipment used to make noise unlawfully; and for
connected purposes. The kind of complaint referred to is one made by any
individual present in a dwelling during night hours that excessive noise is
being emitted from another dwelling. "Night hours" means the period
beginning with 11p.m. and ending with 7 a.m. The Act provides for the service
of a notice on the offender by the prescribed officer if he thinks that the
noise being emitted is more than the permissible limits.
cases where the noise level does not come down in spite of the notice being
served, the officer can seize such equipments which in his opinion are the
source of such noise.
and Statutory Nuisance Act 1993 An Act to make provision for noise in a street
to be a statutory nuisance; to make provision with respect to the operation of
loudspeakers in a street; to make provision with respect to audible intruder
alarms; to make provision for expenses incurred by local authorities in
abating, or preventing the recurrence of, a statutory nuisance to be a charge
on the premises to which they relate; and for connected purposes.
Noise Pollution and Abatement Act, 1970 is an important legislation for regulating
control and abatement of noise.
this Law the environment protection agency, acting through the office of Noise
Abatement and Control, holds public meetings in selected cities to compile
information on noise pollution.
Public Health And Welfare:- Chapter 65- Noise Control(US) The Congress declares
that it is the policy of the United States to promote an environment for all
Americans free from noise that jeopardizes their health or welfare. To that
end, it is the purpose of this chapter to establish a means for effective
coordination of Federal research and activities in noise control, to authorize
the establishment of Federal noise emission standards for products distributed
in commerce, and to provide information to the public respecting the noise
emission and noise reduction characteristics of such products.
Act further provides for
Identification of major noise sources
Noise emission standards for products distributed in commerce
Quiet communities, research, and public information
Development of low-noise-emission products
Motor carrier noise emission standards Noise Regulation Law-Japan.
purpose of this Law is to preserve living environment and contribute to
protection of the people's health by regulating noise generated by the
operation of factories and other types of work sites as well as construction
work affecting a considerable area, and by setting maximum permissible levels
of motor vehicle noise.
governor shall designate concentrated residential areas, school and hospital
zones, and other such areas in which it is deemed necessary to protect the
living environment of the residents from noise, as areas subject to the
regulation of noise produced by specified factories and specified construction
governor, while designating the areas pursuant to Paragraph 1 of the preceding
Article, shall establish regulatory standards for specified hours and zones of
said areas within the scope of the standards set forth by the Director General
of the Environment Agency according to the necessary degree of noise control in
regard to specified factories for specified hours and zones.
installing specific facilities are liable to report the same to the prefectural
governor within 30 days.
governor has the powers to order change in the outlay of the factory when they
do not confer to the noise regulations.
who plans to undertake construction projects which involve specified
construction work in designated areas, shall file a report with the prefectural
governor no later than seven (7) days prior to the beginning of said
governor shall be responsible for the monitoring of noise levels in designated
the regulation on noise caused by announcement through the use of loudspeakers
and noise emitted during the night time operation of bars and restaurants,
local government shall take measures necessary to protect the living
environment, including restrictions on operating hours, in accordance with the
local physical and social conditions.
regulations also prescribe the permissible noise levels for the various areas,
as well as the time periods between which noise- emitting machines can be used.
the People's Republic of China on Prevention and Control of
Pollution From Environmental Noise (adopted on October 29, 1996) This Law is enacted for the purpose of preventing and
controlling environmental noise pollution, protecting and improving the living
environment, ensuring human health and promoting economic and social
purposes of this Law, "environmental noise" means the sound that is
emitted in the course of industrial production, construction, transportation
and social activities and that impairs the living environment of the neighbourhood.
competent administrative department for environmental protection under the
State Council shall, in accordance with the national standards for acoustic
environmental quality and the State's economic and technological conditions,
fix national limits for environmental noise emission.
project under construction, renovation or expansion must conform to the
regulations of the State governing environmental protection.
industrial noise emitted to the living environment of the neighbourhood within
an urban area shall be kept within the limits set by the State on emission of
environmental noise within the boundary of an industrial enterprise.
construction noise emitted to the living environment of the neighbourhood
within an urban area shall be kept within the limits set by the State on the
emission of environmental noise within the boundary of a construction site.
forbidden to manufacture, sell or import automobiles that emit noise beyond the
limits set on noise level.
units and individuals are forbidden to use high-pitch loudspeakers in urban
areas where noise-sensitive structures are concentrated.
unit or individual suffering from the hazards of environmental noise pollution
shall have the right to demand the polluter to eliminate the hazards; if a loss
has been caused, it shall be compensated according to law.
emission" means emission of noise from the source to the living
environment of the neighbourhood.
structures" mean structures that require a quiet environment such as
hospitals, schools, government offices, research institutions and residential
where noise-sensitive structures are concentrated" mean such areas as
medical treatment areas, cultural, education and research districts and areas
where government offices or residential buildings constitute the main
night" means the period from 10:00 p.m. to 6:00 a.m.
In New South Wales (NSW) no single government authority has the responsibility
or capacity to be able to minimise all forms of noise pollution. The State is
excluded from control of noise in a number of areas by commonwealth
legislation. These include aircraft noise, where noise limits could affect
trade, and the setting standards for noise emissions from new vehicles. In
areas where the State does have powers to control noise the Environment
Protection Authority (EPA) has an overall responsibility for environmental
noise (as distinct from occupational noise), under the Noise Control Act 1975.
The Act deals with the prevention, minimisation and abatement of noise and
vibration and empowers the EPA, the Waterways Authority, local government and
the police for these purposes.
EPA controls noise from scheduled premises those required by the Noise Control
Act to have a licence and noise associated with rail traffic and the
construction or upgrading of freeways and toll roads. The Police and local
council are generally responsible for neighbourhood noise issues and have
authority to issue noise abatement directions to control noise from premises
and for noise from burglar alarms. Local council have an essential role in minimising
the effects of excessive noise, particularly in their local residential areas,
from smaller factories, non-scheduled premises and public places. The Waterways
Authority has specific responsibilities in relation to noise from vessels in
the provisions of the Noise Control Act 1975 in NSW the railway system is
classified as scheduled premises and as such the EPA has a regulatory role, and
seeks to achieve noise targets for rail operations throughout the State to minimise
the impact on local residents.
EPA issues licences for the management of scheduled premises. When issuing a licence
the EPA sets initial noise limits that are achievable with the operation of
plant and equipment currently installed, operated and maintained effectively.
To achieve further improvements in noise exposure to residents, negotiations
with the licensed premises are carried out and can be incorporated in the licence
as Pollution Reduction Programs (PRPs). The EPA is currently working with
industry to reduce noise levels from major sources.
Noise Control (Miscellaneous Articles) Regulation 1995 was introduced to cover
community noise issues not covered by previous legislation. It includes
limitations on burglar alarms for both residential and commercial premises.
Changes have been made to the night-time control of common domestic noise
sources such as power tools, air conditioners, amplified music and lawn mowers.
Under the new regulation only one warning to the offender is required and the
warning is valid for 28 days. If an offence is committed within this period a
fine can be issued without further warnings. The previous regulation warning
was only active for 12 hours which meant it was not very effective with
repetitious offences typical in suburban areas.
Noise Control (Motor Vehicles and Motor Vehicle Accessories) Regulation 1995
controls the noise of individual motor vehicles. It includes a provision to
control noise from a range of accessories including horns, alarms,
refrigeration units and sound systems. It also places responsibility to ensure
compliance of repairs/modifications of vehicles on the vehicle repairers.
addition to the measures introduced to reduce the source and transmission of
noise, measures can be undertaken to noise proof buildings thereby reducing the
occupant exposure to noise.
County Noise Control Ordinance The Montgomery County Noise Control Ordinance
allows for normal activities during regular hours; however, it does attempt to
eliminate interference from noise when most of us want to rest and relax. It
also seeks to control disturbing and unhealthy levels of noise in general. Key
provisions of the Noise Control Ordinance:
Provide day/night sound level limits.
Establish "quiet hours." (iii) Define sounds that constitute noise
Establish a "nuisance provision" that prohibits certain noises at any
noise disturbance, as defined by the ordinance, is any sound that is
unpleasant, annoying, or loud; abnormal for the time or location; and
prejudicial to health, comfort, property, or the conduct of business. Under the
ordinance, it is unlawful to create a noise disturbance anywhere during
"quiet hours," including multi- family buildings and townhouses. The
"nuisance provision" prohibits some noise disturbances anywhere at
Montgomery County Noise Control Ordinance promotes peace and quiet for everyone
by covering a wide variety of residential and business situations. The
Ordinance does not cover noise from aircraft and railroads or motor vehicles on
public roadways, as Federal and State governments supersede local regulation.
Also exempt are emergency operations by public utilities.
other provisions, the Montgomery County Noise Control Ordinance makes it
Operate, or allow to be operated, a radio, television, or other electronic
sound-producing device on public or private property if the sound exceeds 55
decibels at the receiving property line.
Create a noise disturbance during "quiet hours" in a residential zone
or multi-family structure.
Operate any equipment that exceeds the receiving property line sound level
Allow an animal or fowl to create a noise disturbance at any time.
Load or unload material during "quiet hours."
Create a noise disturbance across property lines during "quiet hours"
by operating power equipment mounted on a motor vehicle; for example,
refrigerated trucks or commercial vacuum cleaners.
Permit construction noise to exceed 75 decibels, with allowances for higher
decibel levels under an approved "Noise Suppression Plan."
Statutory Laws in India Not that the Legislature and the Executive in India are completely unmindful of the
menace of noise pollution. Laws have been enacted and the Rules have been
framed by the Executive for carrying on the purposes of the legislation. The
real issue is with the implementation of the laws. What is needed is the will
to implement the laws. It would be useful to have a brief resume of some of the
laws which are already available on the Statute Book.
of the problem of noise pollution can be dealt under the Law of Crimes and
Civil Law. Civil law can be divided under two heads
The Law of Torts
The General Civil Law.
cases regarding noise have not come before the law courts in large quantity.
The reason behind this is that many people in India did not consider noise as a sort of pollution and they are
not very much conscious about the evil consequences of noise pollution. The
level of noise pollution is relative and depends upon a person and a particular
place. The law will not take care of a super sensitive person but the standard
is of an average and rational human being in the society.
Noise Pollution (Regulation and Control) Rules, 2000 In order to curb the
growing problem of noise pollution, the Government of India has enacted the
Noise Pollution(Regulation and Control) Rules, 2000. Prior to the enactment of
these rules noise pollution was not being dealt specifically by a particular
the increasing ambient noise levels in public places from various sources,
inter-alia, industrial activity, construction activity, generator sets,
loudspeakers, public address systems, music systems, vehicular horns and other
mechanical devices, have deleterious effects on human health and the
psychological well being of the people; it is considered necessary to regulate
and control noise producing and generating sources with the objective of
maintaining the ambient air quality standard in respect of noise;" The
main provisions of the noise rules are as under:
State Government may categorize the areas into industrial, commercial,
residential or silence areas/zones for the purpose of implementation of noise
standards for different areas.
ambient air quality standards in respect of noise for different areas/zones has
been specified for in the Schedule annexed to the Rules.
State Government shall take measures for abatement of noise including noise
emanating from vehicular movements and ensure that the existing noise levels do
not exceed the ambient air quality standards specified under these rules.
area comprising not less than 100 meters around hospitals, educational
institutions and courts may be declared as silence area/zone for the purpose of
loudspeaker or a public address system shall not be used except after obtaining
written permission from the authority and the same shall not be used at night
i.e. between 10.00p.m. and 6.00 a.m.
person found violating the provisions as to the maximum noise permissible in
any particular area shall be liable to be punished for it as per the provisions
of these rules and any other law in force.
Penal Code Noise pollution can be dealt under Sections 268, 290 and 291 of the
Indian Penal Code, as a public nuisance. Under Section 268 of this Code, it is
mentioned that 'A person is guilty of a public nuisance who does any act or is
guilty of an illegal omission which causes any common injury, danger or
annoyance to the public or the people in general who dwell or occupy property
in the vicinity, or which must necessarily cause injury, obstruction, danger or
annoyance to persons who may have occasion to use any public right.
common nuisance is not excused on the ground that it causes some convenience or
advantage.' Sections 290 and 291 of the Indian Penal Code deal with the
punishment for public nuisance.
Procedure Code Under Section 133 of the Code of Criminal Procedure, 1973 the
magistrate has the power to make conditional order requiring the person causing
nuisance to remove such nuisance.
Factories Act does not contain any specific provision for noise control.
However, under the Third Schedule Sections 89 and 90 of the Act, 'noise induced
hearing loss', is mentioned as a notifiable disease. Under section 89 of the
Act, any medical practitioner who detects any notifiable disease, including
noise- induced hearing loss, in a worker, has to report the case to the Chief
Inspector of Factories, along with all other relevant information. Failure to
do so is a punishable offence.
under the Model Rules, limits for noise exposure for work zone area has been
Vehicles Act, 1988, and Rules framed thereunder Rules 119 and 120 of the
Central Motor Vehicles Rules, 1989, deal with reduction of noise.
and after expiry of one year from the date of commencement of the Central Motor
Vehicles (Amendment) Rules, 1999, every motor vehicle including construction
equipment vehicle and agricultural tractor manufactured shall be fitted with an
electric horn or other devices conforming to the requirements of IS: 1884?1992,
specified by the Bureau of Indian Standards for use by the driver of the
vehicle and capable of giving audible and sufficient warning of the approach or
position of the vehicle:
that on and from 1st
January, 2003, the
horn installation shall be as per AIS-014 specifications, as may be amended
from time to time, till such time as corresponding Bureau of Indian Standards
specifications are notified.
motor vehicle shall be fitted with any multi-toned horn giving a succession of
different notes or with any other sound-producing device giving an unduly
harsh, shrill, loud or alarming noise.
Every motor vehicle including agricultural tractor shall be fitted with a
device (hereinafter referred to as a silencer) which by means of an expansion
chamber or otherwise reduces as far as practicable, the noise that would
otherwise be made by the escape of exhaust gages from the engine.
Noise standards? Every motor vehicle shall be constructed and maintained so as
to conform to noise standards specified in Part E of the Schedule VI to the
Environment (Protection) Rules, 1986, when tested as per IS: 3028-1998, as
amended from time to time.
Torts Quietness and freedom from noise are indispensable to the full and free
enjoyment of a dwelling-house. No proprietor has an absolute right to create
noises upon his own land, because any right which the law gives is qualified by
the condition that it must not be exercised to the nuisance of his neighbours
or of the public. Noise will create an actionable nuisance only if it
materially interferes with the ordinary comfort of life, judged by ordinary,
plain and simple notions, and having regard to the locality; the question being
one of degree in each case.
Air (Prevention and Control of Pollution) Act, 1981 Noise was included in the
definition of air pollutant in Air (Prevention and Control of Pollution) Act in
1987. Thus, the provisions of the Air Act, became applicable in respect of
noise pollution, also.
Environment (Protection) Act, 1986.
there is no specific provision to deal with noise pollution, the Act confers
powers on Government of India to take measures to deal with various types of
pollution including noise pollution.
The Explosives Act, 1884 regulates manufacture, possession, use, sale,
transport, import & export of explosives. Firecrackers are governed by this
Statute. Rule 87 of the Explosives Rule, 1983 prohibits manufacture of any
explosive at any place, except in factory or premises licensed under the Rules.
In India there is no separate Act that
regulates the manufacture, possession, use, sale, manufacture and transactions
in firecrackers. All this is regulated by The Explosives Act, 1884.
Noise that is produced by these fireworks is regulated by the Environmental
Protection Act, 1986 and The Noise Pollution (Regulation and Control) Rules,
JUDICIAL OPINION IN INDIA In Kirori Mal Bishambar Dayal v.
The State AIR 1958 Punjab 11, accused/petitioner was convicted and sentenced
under Section 290 of Indian Penal Code 1860 and was fined Rs. 50 for causing
noise and emitting smoke and vibrations by operating of heavy machinery in the
residential area. The orders of the trial court was upheld by the District
Magistrate in appeal. The High Court of Punjab & Haryana also upheld the
decision of the courts below and dismissed the revision petition. In the case
of Bhuban Ram & Ors. v. Bibhuti Bhushan Biswas AIR 1919 Calcutta 539, it was held that working of a
paddy husking machine at night causes nuisance by noise and the occupier was
held liable to be punished under Section 290 IPC. In Ivour Heyden v. State of Andhra Pradesh 1984 Cri LJ (NOC) 16, the High
Court of Andhra Pradesh excused the act of playing radio loudly on the ground
that it was a trivial act. Careful reading of Section 95 of IPC shows that only
that harm is excused which is not expected to be complained by the person of
ordinary temper and sense.
Rabin Mukherjee v. State of West Bengal AIR 1985 Cal. 222 the use of air horns
was prohibited by the court to prevent noise pollution. The Court observed:
is found that the atmosphere and the environment is very much polluted from
indiscriminating noise emitted from different quarters and on research it was
found that persons who are staying near the Airport, are becoming victim of
various ailments. Such persons even become victim of mental disease. On such
research it was also found that workers in various factories even become deaf
and hard of hearing. It was further found on such research that as a result of
this excessive noise pollution, people suffer from loss of appetite, depression,
mental restlessness and insomnia.
also suffer from complain of excessive blood pressure and heart trouble. It is
not necessary to go into the question about direct effect of such noise
pollution because of indiscriminate and illegal use of such electric and air
horn as it is an admitted position that the same is injurious to health and
amongst different causes of environmental pollution, sound pollution is one
which is of grave concern." In the case of People United for better Living
in Calcutta v. State of West Bengal (AIR 1993 Cal. 215) the Calcutta High Court
a developing country there shall have to be developments, but that development
shall have to be in closest possible harmony with the environment, as otherwise
there would be development but no environment, which would result in total
devastation, though, however, may not be felt in present but at some future
point of time, but then it would be too late in the day, however, to control
and improve the environment. In fact, there should be a proper balance between
the protection of environment and the development process. The society shall
have to prosper, but not at the cost of the environment and in similar vein,
the environment shall have to be protected but not at the cost of the
development of the society and as such a balance has to be found out and
administrative actions ought to proceed accordingly."
Fireworks Dealers Association v. Commissioner of police, Calcutta, AIR 1998 Cal. 121 it has been held "Art. 19(1)(g) of the
Constitution of India does not guarantee the fundamental right to carry on
trade or business which creates pollution or which takes away that communities
safety, health and peace. A citizen or people cannot be made a captive listener
to hear the tremendous sounds caused by bursting out from a noisy fireworks. It
may give pleasure to one or two persons who burst it but others have to be a
captive listener whose fundamental rights guaranteed under Article 19(10(a) and
other provisions of the Constitution are taken away, suspended and made
meaningless. Under Art. 19(1)(a), read withy Art. 21 of the constitution of
India, the citizens have a right of decent environment and they have a right to
live peacefully, right to sleep at night and to have a right to leisure which are
all necessary under Art. 21 of the Constitution."(Headnote) In Appa Rao,
M.S. v. Govt. of T.N. , (1995) 1 LW 319 (Mad), the Madras High Court taking a
note of the serious health hazard and disturbance to public order and tranquility
caused by the uncontrolled noise pollution prevailing in the State, issued a
writ of mandamus for directing State Government to impose strict conditions for
issue of license for the use of amplifiers and loudspeakers and for directing
Director-General, Police (Law and Order) to impose total ban on use of horn
type loudspeakers and amplifiers and air horns of automobiles.
P.A. Jacob v. the Superintendent of Police, AIR (1993) Kerala 1, it was said "The
right to speech implies, the right to silence. It implies freedom, not to
listen, and not to be forced to listen. The right comprehends freedom to be
free from what one desires to be free from. Free speech is not to be treated as
a promise to everyone with opinions and beliefs, to gather at any place and at
any time and express their views in any manner. The right is subordinate to
peace and order. A person can decline to read a publication, or switch off a
radio or a television set. But, he cannot prevent the sound from a loudspeaker
reaching him. He could be forced to hear what, he wishes not, to hear. That
will be an invasion of his right to be let alone, to hear what he wants to
hear, or not to hear, what he does not wish to hear. One may put his mind or
hearing to his own uses, but not that of another.
has a right to trespass on the mind or ear of another and commit auricular or
visual aggression. A loudspeaker is mechanical device, and it has no mind or
thought process in it. Recognition of the right of speech or expression is
recognition accorded to a human faculty. A right belongs to human personality,
and not to a mechanical device. One may put his faculties to reasonable uses.
he cannot put his machines to any use he likes. He cannot use his machines to
injure others. Intervention with a machine, is not intervention with, or
invasion of a human faculty or right. No mechanical device can be upgraded to a
human faculty. A computer or a robot cannot be conceded the right under Art. 19
(though they may be useful to man to express his faculties). No more, a
loudspeaker. The use of a loudspeaker may be incidental to the exercise of the
right. But, its use is not a matter of right, or part of the right".
Free Legal Aid Cell Shri Sugan Chand Aggarwal alias Bhagatji v. Govt. of NCT of
Delhi and others, AIR (2001) Delhi 455, it was said that "Pollution being
wrongful contamination of the environment which causes material injury to the
right of an individual, noise can well be regarded as a pollutant because it
contaminates environment, causes nuisance and affects the health of a person
and would therefore, offend Art. 21, if it exceeds a reasonable limit."
The Supreme Court in Church of God (Full Gospel) in India v. K.K.R. Majestic
Colony Welfare Assn., (2000) 7 SCC 282 held that the Court may issue directions
in respect of controlling noise pollution even if such noise was a direct
result of and was connected with religious activities. It was further held:-
"Undisputedly, no religion prescribes that prayers should be performed by
disturbing the peace of others nor does it preach that they should be through
voice amplifiers or beating of drums. In our view, in a civilized society in
the name of religion, activities which disturb old or infirm persons, students
or children having their sleep in the early hours or during daytime or other
persons carrying on other activities cannot be permitted. It should not be
forgotten that young babies in the neighbourhood are also entitled to enjoy
their natural right of sleeping in a peaceful atmosphere. A student preparing
for his examination is entitled to concentrate on his studies without their
being any unnecessary disturbance by the neighbours. Similarly, the old and the
infirm are entitled to enjoy reasonable quietness during their leisure hours
without there being any nuisance of noise pollution. Aged, sick, people
afflicted with psychic disturbances as well as children up to 6 years of age
are considered to be very sensible (sic sensitive) to noise. Their rights are
also required to be honoured.
the Environment (Protection) Act, 1986, rules for noise-pollution level are
framed which prescribe permissible limits of noise in residential, commercial,
industrial areas or silence zone. The question is whether the appellant can be
permitted to violate the said provisions and add to the noise pollution. In our
view, to claim such a right itself would be unjustifiable. In these days, the
problem of noise pollution has become more serious with the increasing trend
towards industrialisation, urbanization and modernisation and is having many
evil effects including danger to health. It may cause interruption of sleep,
affect communication, loss of efficiency, hearing loss or deafness, high blood
pressure, depression, irritability, fatigue, gastrointestinal problems,
allergy, distraction, mental stress and annoyance etc. This also affects
animals alike. The extent of damage depends upon the duration and the intensity
of noise. Sometimes it leads to serious law and order problem. Further, in an
organized society, rights are related with duties towards others including neighbours...
of urbanization or industrialization the noise pollution may in some area of a
city/town might be exceeding permissible limits prescribed under the Rules, but
that would not be a ground for permitting others to increase the same by
beating of drums or by use of voice amplifiers, loudspeakers or by such other
musical instruments and, therefore, rules prescribing reasonable restrictions
including the Rules for the use of loudspeakers and voice amplifiers framed
under the Madras Town Nuisances Act, 1889 and also the Noise Pollution
(Regulation and Control) Rules, 2000 are required to be enforced." In Charan
Lal Sahu v. Union of India (AIR 1990 SC 1480) the Supreme Court reiterated the
need to create separate tribunals and asserted the need to appoint a body of
experts to advice the Government on environmental issues.
M.C. Mehta v. Union of India (2004) 1 SCC 571 this Court has emphasized the
need for creating environmental awareness amongst students through education.
have referred to a few, not all available judgments.
it to observe that Indian Judicial opinion has been uniform in recognizing
right to live in freedom from noise pollution as a fundamental right protected
by Article 21 of the Constitution and noise pollution beyond permissible limits
as an in-road on that right. We agree with and record our approval of the view
taken and the opinion expressed by the several High Courts in the decisions referred
Interim orders During the course of the hearing of this case the Court had
passed several interim orders keeping in mind the importance of the issue.
interim order dated 27/09/2001 deserves to be mentioned in
particular, which directed as under:
The Union Government, the Union Territories as well as all the State
Governments shall take steps to strictly comply with Notification No. G.S.R.
682(E) dated October
05, 1999 whereby the
Environment (Protection) Rules, 1986 framed under the Environment (Protection)
Act, 1986 were amended. They shall in particular comply with amended Rule 89 of
the said Rules, which reads as follows:
Noise standards for fire- crackers A.
The manufacture, sale or use of firecrackers generating noise level exceeding
125 dB(AI) or 145 dB( C)pk at 4 meters distance from the point of bursting
shall be prohibited.
For individual fire-cracker constituting the series (joined fire-crackers), the
above mentioned limit be reduced by 5 log 10(N) dB, where N = number of
crackers joined together."
The use of fireworks or fire-crackers shall not be permitted except between 6.00 a.m. and 10.00p.m. No
firework or firecracker shall be allowed between 10.00 p.m. and 6.00
Firecrackers shall not be used at any time in silence zones, as defined in S.O.
1046(E) issued on 22.11.2000 by the Ministry of Environment and Forests. In the
said Notification Silence Zone has been defined as:
Zone is an area comprising not less than 100 meters around hospitals,
educational institutions, courts, religious places or any other area which is
declared as such by the competent authority."
The State Education Resource Centers in all the States and the Union
Territories as well as the management/principals of schools in all the States
and Union Territories shall take appropriate steps to educate students about
the ill effects of air and noise pollution and appraise them of directions (1)
to (3) above."
interim directions were also directed to be given wide publicity both by
electronic and print media. It was said that Doordarshan and other television
channels shall give publicity to these directions, at least once every day
during prime time, during the fortnight before Dussehra and Diwali. The
Ministry of Information and Broadcasting was asked to bring these directions to
the notice of the general public through appropriate advertisements, issued in
the newspapers. The All India Radio was asked to broadcast these directions on
prime time on FM and other frequencies for information of the general public.
the imposition of the restrictions on the bursting of firecrackers, several
Interim Applications came to be filed before the Court. The Court vide its
interim order dated 10.9.2003 stated:- "Through the I.A.s filed in this
Court the following two suggestions deserve notice.
it is submitted that certain local festivals and celebrations are accompanied
customarily by bursting of firecrackers which is at times at such hours as is
not permissible under the order of this Court dated 27.9.2001. Secondly, it is
pointed out that the industry of fireworks may face serious difficulty, even
partial closure, on account of the directions made by this Court.
have grave doubts if the abovesaid considerations can come in the way of the
enforcement of fundamental rights guaranteed by the Constitution for the
citizens and people of India to live in peace and comfort, in an atmosphere
free from pollution of any kind, such as one caused by noise and foul/poisonous
gases. However still, without expressing any final opinion on the pleas
advanced, we allow the parties adversely affected the liberty to make
representation to their respective State Governments and the State Governments
may, in their turn, if satisfied of the genuineness of the representation made,
invite the attention of the Govt. of India, to the suggestions made." We
are happy to note that the initial reluctance to abide by the interim
directions made by this Court as displayed by the subsequent interlocutory
applications soon gave way to compliance.
large the interim directions made by the Court were observed in compliance.
Police and civil administration remained alert during Diwali Festival to see
that the directions made by the Court were complied with. Resident Welfare
Associations and school children gave a very encourageous response who
voluntarily desisted from bursting firecrackers in prohibited hours of night
and also bursting such firecrackers as produce high level noise.
Difficulty in implementation of noise pollution control methodology in India.
India has passed through the stage of
being characterised as a developing country and is ready to enter and stand in
the line of developed countries. Yet, the issue of noise pollution in India has not been taken so far with that
seriousness as it ought to have been. Firstly, as we have stated earlier, there
is a lack of will on the part of the Executive to implement the laws. This has
contributed to lack of infrastructure essential for attaining the enforcement
of laws. Secondly, there is lack of requisite awareness on the part of the
citizens. The deleterious effects of noise pollution are not well known to the
people and are not immediately perceptible. People generally accept noise
pollution as a part of life, a necessary consequence of progress and
problems that are being faced in controlling noise pollution are:-
Statutes and the Rules framed thereunder are not comprehensive enough so as to deal
with all the problems and issues related to noise pollution. This impression of
ours stands reaffirmed on a comparative reading of legislation in India with
these in other countries of the world to which we have referred to briefly
earlier in this judgment.
authorities responsible for implementing the laws are not yet fully identified.
Those which have been designated, do not seem to be specialised in the task of
regulating noise pollution. There is dearth of necessary personnel technically
qualified to act effectively. What is needed is a combination of technically
qualified and administratively competent personnel with the requisite desire
and dedication for implementation of the laws.
There is lack of proper gadgets and equipments and other infrastructure such as
labs for measuring the noise levels. Due to the shortage of the instruments
needed for the purpose of measuring sound, the policemen who are on the job
usually end up measuring sound with their ears itself and not with the use of technical
context of firecrackers in particular, several questions do arise for which
answers shall have to be found. What should be the maximum permissible sound
level for firecrackers? What should be the method of checking whether a
particular firecracker shall emit sound which shall be within permissible
limits? Which authority shall be conferred with the responsibility for ensuring
the effective implementation of these noise levels? What should be the time
limit during which the bursting of firecrackers should be allowed? Should there
be any relaxation in the hours fixed for bursting firecrackers during festival?
Should the Environment (Protection) Rules, 1986, be amended in such a way that
the firecrackers manufactured for export in other countries are exempted from
the Indian noise standards? What is the Maximum sound level that should be
permissible for firecrackers? At present the maximum permissible sound level
for firecrackers as per the noise standard is provided by Item 89, Sch.
Table 1.5 of the Environment (Protection) Rules, 1986:
Noise Standard for Fire- crackers A.
The manufacture, sale or use of fire- crackers generating noise level exceeding
125 dB(AI) or 145dB(C)pk at 4 meters distance from the point of bursting shall
For individual firecrackers constituting the series (joined fire- crackers),
the above mentioned limit be reduced by 5 log 10 (N)dB, where N= Number of
crackers joined together." The learned animus curiae had on 17th September 2001, filed certain suggestions for
issuance of directions for consideration of the Court. In it he had suggested
that the maximum noise level of firecrackers could be fixed at 65 dB(A).
submitted that the limit of emission of noise prescribed in the Rules is too
liberal and errs on higher side. It is suggested that the manufacture of
Firecrackers or those dealing with them should ensure that only such crackers
are produced and marketed which do not emit noise of more than 65 dB(A).
Government of India had not accepted the above suggestion of the learned
Amicus. The government replied to it in the following words.
level of 65 dB(A) for firecrackers is too low a level to be prescribed. The
noise levels prescribed in GSR 682 (E) dated 5TH October, 1999, have been evolved by a technical
committee and need to be complied with." The Fire workers industry also
submitted an application to the Union Minister of Environment and Forest at a
meeting convened in New Delhi on 15/04/2004, pleading justification for the
increase proposed in the prescribed firecrackers noise standards from 125
dB(AI) to 135 db(AI) and from 145 dB(c)p k to 155(C)pk.
Article on Firecracker Noise, a Hazard- A review of its Standards, by, Dr. S.P.
Singhal, published in MAPAN- Journal of Metrology Society of India, Vol. 17,
No. 3, 2002; pp. 101-117, Dr. Singhal has stated:
"UK and many other European Economic Commission (EEC)
countries have adopted an exposure limit of 140dB(lin) peak sound pressure
level for impulsive or cracker noise for a maximum exposure of 100 impulses per
Standardization Committee CEN/TC/212 WG3 is also working to set-up standards on
of the countries have desired the limit to be set at 112dB(AI) and, several
others have wanted it to be set at125dB(AI) or even at 126-127 dB(AI) at the
testing distance, with the peak sound pressure level to be 20dB higher than
these limits. It has fixed a noise level of 120dB(AI) measured at the testing
distance on an ad hoc basis for category 2 fireworks.
Canada has adopted the damage risk
criterion of 140dBA peak sound pressure level at a distance of 5m from the
point of explosion of the cracker. It is applicable in all categories of
fireworks unless otherwise specified." Keeping all these submissions in
mind it does seem that the present noise standards as prescribed in India by the Government of India, are
correct and do not need to be altered at the moment. However, if the Government
is of the opinion that this sound level needs to be increased or reduced at a
later date it is free to do so.
a firecracker be tested on the basis of sound level or on the basis of chemical
compositions so as to check, does the firecracker correspond with the
prescribed rules? For an effective implementation of noise pollution prevention
programme, it is essential that such a method be devised whose enforcement
shall not be problematic. A rule should be so designed, that it is possible for
all concerned to be able to implement it, and thus it is not violated by anyone
due to some kind of supervening impossibility. Almost all the parties concerned
have expressed a discontent about the present system of enforcement of noise
level pertaining to firecrackers. Lack of infrastructure on account of noise
measuring devices, high cost of such devices, low noise levels prescribed,
expensive rates for getting samples tested, long time taken by the testing
laboratories are a few of the difficulties that have been cited in the
enforcement of the noise standards.
Department of Explosives has filed two affidavits before the Court, the first
on 1.4.2003 and the second on 16.2.2004, besides a joint affidavit which was
filed by the Ministry of Environment and Forest on behalf of the Union of India on 29.8.2003.
aforesaid Affidavits, the stand taken by the Department of Explosives before
the Court is:
"the firecrackers noise standard prescribed under the Environment
(Protection) Rules, 1986 requires costly instruments, wide infrastructure and
special expertise in the fields of acoustic science." (para-8 of Affidavit
"the Department is not prepared in terms of manpower equipments and
infrastructure for implementation of the standard which is based on measurement
of noise level" (para-9 of Affidavit dated 1.4.2003)
that "the Department of Explosives is of the opinion that the noise level
of firecrackers can be efficiently controlled by specifying the size, shape,
composition and quantity of chemicals in the fireworks, which are the prime
factors that determine the noise level which entails a lot of R & D work.
maximum permissible size of firecrackers and the maximum possible weight of the
chemicals for each variety would be mentioned in the list of authorized
explosives appended to the Explosives Rules consequent upon amendment of the
Explosives Rules."(para-15 of Affidavit dated 1.4.2003.) (iv) that
"the department is already publishing one authorized List of Explosives,
which is updated periodically as and when new items of explosives are approved
by the Department. The specification for the approved varieties are prescribed
in the said Authorised List, in terms of permissible size, permissible
composition of chemicals, mass of charge and other such physical and chemical
items which are not listed in the authorized list cannot be manufactured,
stored, transported or sold as per various provisions of the Explosives Rules.
Anybody proposing to manufacture a new variety of fireworks shall apply to the
Chief Controller of Explosives, Nagpur along with detailed drawings, samples and prescribed fee for testing
and approval. Noise regulations for firecrackers can be implemented effectively
through the Authorised List in four phases:
The permissible sound level of 125 dB(AI) notified under the Rules is taken as
the guideline for purpose of implementation by the Department of Explosives.
To achieve this, the Department can experiment with various sizes, chemicals
and compositions in order to devise the optimal set of factors for each
variety, to result in the desired noise level.
This set of factors or parameters for each variety of firecrackers will then be
notified under the Authorized List of Explosives under the Explosives Rules,
Any violation from the authorized List exceeding the permitted size, permitted
chemical content and chemical composition will attract legal action."(
para-16 of affidavit dated 1.4.2003).
Affidavit filed on 16.2.2004, the Chief Controller of Explosives stated:-
That since the role of the Department of Explosives is mainly administration
and enforcement of the Explosives Rules 1983 and the status of the Department
is statutory in nature hence the Department of Explosives had already taken up
the matter and advised the fireworks manufacturers of developing and producing
environment friendly fireworks besides advocating to promote, sale and use of
only fireworks/crackers meeting the noise standards prescribed under Environment
(Protection) Rules, 1986 and amendments thereof.
That it is impractical for Government of India to fix norms regarding chemical
composition and the size of the firecrackers. It is the duty and responsibility
of the manufacturer to control size and composition of firecrackers to comply
with the noise limits prescribed under the Environment (Protection) Rules,
That it is impractical owing to the shortage of infrastructure available with
the Department of Explosives. The licensing for the manufacture of firecrackers
shall be as per the Explosives Act, 1884.
Power of the District Magistrate for issuing licenses is to be retained as per
That the matter is now open and the manufacturers are at liberty to
manufacture, develop, promote and sell only those fireworks, which comply with
the noise limits prescribed under the Environment (Protection) Rules 1986 and
Explosive Rules, 1983.
That the Department of Explosives had already made mandatory for the
manufacturers of fireworks to mention the noise levels in decibel units on
manufacturers are also required to declare on the packing of the boxes that the
noise levels conform to the standards prescribed under the Environment
(Protection) Rules, 1986. The Department had already included the prescribed
noise limits for firecrackers as additional conditions of licenses issued under
the Explosives Rules 1983. The authorities empowered to enforce the Explosives
Rules 1983 have been clearly defined under the said Rules.
of fixing chemical composition for the firecrackers The learned Amicus Curiae
has suggested that the Government of India should fix the permissible chemical
compositions for the firecrackers. He submitted ___ "To control the noise
levels from firecrackers, it was felt that apart from firecrackers carrying on
its label, the extent of its noise level emission, it may be appropriate if the
Government was to fix norms regarding chemical composition and the size of
firecrackers so as to confirm to the notified noise emission norms." In UK as well, the method of determining the noise level
of a firecracker, is by fixing its chemical contents. The British Standard
Institute has developed the British Standard Fireworks, Part 2.
for Fireworks (BS 7114: Part 2) of 1988, which prescribes the maximum
permissible quantity of chemicals in a particular firework. The Standards
prescribe the various specifications with which the firework has to comply for
it to be manufactured or used in UK.
the course of hearing, submissions in extenso were made on the comparative
merits and demerits of the two systems namely (i) measuring the noise level of
firecrackers in decibels and thereby securing the implementation of rules in
this regard, and (ii) securing the implementation of the rules by restricting
and prescribing the size of chemical content, chemical composition etc.
firecrackers. A tabulated statement of such comparison has been placed on the
record by the Tamil Nadu Fireworks and Amorces Manufacturers Association.
stated, it is pointed out that if the firecrackers are allowed to be
manufactured in the manner in which they are being done now and the noise level
is left to be measured at the time of bursting of firecrackers, several
difficulties in implementation would arise, frustrating the regulation. Very
expensive instruments and gadgets are necessary to measure the sound level of
sound level meter with required capabilities may cost around Rs.3 lacs or upwards.
Factors like wind velocity, temperature and humidity have a bearing on the
measurement of noise level. The gadgets for monitoring these factors shall also
be required to be installed at the testing field. Technically trained persons
would be required to be posted at every point of measuring. Testing the sound
level of firecrackers at the point of bursting would mean that the firecrackers
have already reached the market. The persons to be hauled up would be unwary
retailers or users and it would be difficult to fix the responsibility on the
manufacturers or distributors. Difficulties of proof in the court of law would
also arise. The noise level in a firecracker is not stable. The same
firecracker may have a different noise level at the time of manufacturing and
at the time of use on account of climatic changes which would naturally occur
by the lapse of time and change of place. If the noise level was to be tested
at the factory, the firecracker would have already been manufactured. There
would also be other difficulties inasmuch as the clearance for marketability
would depend on the firecrackers satisfying the test carried out and at that
point of time the firecrackers have already been manufactured and shall have to
be only destroyed if unsuccessful in the test. That apart, the manufactures are
spread throughout the country. Some of them are small scale industries. Either
many a testing stations shall have to be established or else the manufacturers
would be required to go to centralized testing stations carrying untested
firecrackers. Both seem to be difficult situations.
other hand, prescribing of weight and composition of chemicals to be used in
manufacturing firecrackers would mean experiment or analytical tests being
carried out at any one station followed by publication of results and laid down
checks would be enough to satisfy the authorities, if the manufacturers were
following the laid down standards as to size of firecrackers, weight and
percentile composition of chemicals used. This system would enable
identification of illegal firecrackers with comparatively more ease. Size and
mass of charge are two basic factors that determine the noise level of a
firecracker. By restricting these two prime factors, noise standard is achieved
more effectively. Though other factors like climatic conditions may affect the
noise level to some extent, but this system seems to us to be more dependable
and logical, at least on the materials made available before us.
comparison of the two systems, i.e. the present system of evaluating
firecrackers on the basis of noise levels, and the other where the firecrackers
shall be evaluated on the basis of their chemical composition, we feel that a
change in the method of evaluating the firecrackers shall surely be more
beneficial. It shall reduce the expenditure that shall otherwise have to be
incurred on expensive instruments that are necessary for the purpose of
measuring sound. The firecrackers shall easily be identifiable on the basis of
their mass of charge, and weight of the chemicals contained in the firecrackers
can also be easily measured. There shall not be too much need of the personnel
technically qualified for measuring sound, as what would then be needed, would
be to simply weigh the chemical constituents. It shall to a great extent also
be successful in putting an end to illegal fireworks, which come in bigger
sizes, as they now shall be more easily identifiable. In short the
implementation of the rules relating to firecrackers shall be easier and
carried out by the enforcing authority more easily.
all these considerations and the various submissions made before this Court in
mind we are of the opinion that a method as proposed by the learned Amicus
Curiae, of fixing the maximum chemical composition for each and every
firecracker, keeping in mind the limit of 125dB(AI) as the maximum permissible
limit, should be adopted. Every manufacturer should on the box of each
firecracker mention details of its chemical contents as well. In case of a
failure on the part of the manufacturer to mention these details or in cases
where the contents of the box do not match to the chemical formulae as stated
on their box, the manufacturer shall be liable for criminal prosecution.
of Explosives should in public interest undertake necessary research activity
for the purpose and come out with the chemical formulae for each firecracker.
The Department shall at the time of giving the license for manufacturing a
particular firecracker shall specify the ratio as well as the maximum
permissible weight of every chemical used for the purpose.
during hearing The civic awareness towards prevention of noise pollution in India is not as high as is expected. It
is regrettable to see that people indulge into making noise beyond tolerable
limits and create health hazard unmindful of consequences which are likely to
befall not only on others but also on themselves who create noise. The
enactment of laws has failed to create the requisite awareness.
best time to create awareness is in the childhood. At middle- school level
education and in the age of adolescence the children should be taught in the schools,
and in the homes as well by the parents___ What are the consequences of noise
pollution and how much health hazard is created by bursting firecrackers? An
awareness towards protecting the environment from all sorts of pollutants and
destructive activities needs to be created in the minds at an younger age.
Suitable courses of study need to be devised by preparing text-books to be
handed down to the youth in its shaping age and whilst they are still in
happy to note the way the people of the country and especially the younger
generation has responded to the interim order made from time to time by this
Court. News reports came to our notice wherein certain schools were stated to
have organized special lectures for the children pointing out the adverse
effects of noise pollution created by firecrackers just before the schools
closed for Diwali festival. The children decided not to burst firecrackers
during Diwali Festival. Some volunteered and took a vow to burst such
firecrackers as do not create intolerable noise and confining their such fun
and frolic only to the hours of the day and not to do so during the hours of
night. Such a response from young boys and girls who are our future and the
educational institutions on whom lie the responsibility of shaping the future
of this country is most welcome.
incidental and associated issues require to be dealt with and that we do
of time limit for bursting firecrackers ___ Is relaxation desirable for
festivals? The learned Amicus Curiae in his suggestions filed on 17th September 2001 had suggested that the
"Bursting of crackers should be prohibited during night time, between 10.00 p.m. and 06.00 a.m.".
The Court had agreed and directed, vide Order dated 27.9.2001 ___ "The use
of fireworks or firecrackers shall not be permitted except between 6.00 a.m. and 10.p.m. No fireworks or firecrackers shall be
used between 10.00 p.m. and 6.00 a.m. The Government of India, has also expressed its opinion
that there should be no relaxation in the time limit for bursting firecrackers.
of restrictions on bursting of crackers from 10.00 p.m. to 6.00
a.m. shall not be
given as it is night time. During the night time, people sleep and the high
level of noise has deleterious effects on the health and well being of the
people." Several interlocutory applications have been filed in this Court,
wherein it was pleaded that restriction on bursting of firecrackers in the
night should be removed during the Diwali Festival. Similar relaxation was
demanded for other festivals.
applications highlighted practices prevalent in some of the western countries
wherein such relaxation is allowed. We do not think that we will be justified
in granting any such relaxation.
society is pluralistic. People of this great country belong to different castes
and communities, have belief in different religions and customs and celebrate
different festivals. We are tolerant for each other. There is unity in
diversity. If relaxation is allowed to one there will be no justification for
not permitting relaxation to others and if we do so the relaxation will become
the rule. It will be difficult to enforce the restriction.
Calcutta High Court in the case of Moulana Mufti Syed Md. Noorur Rehman Barkati
v. State of West Bengal
AIR (1999) Calcutta 15 has expressed the following
condition of the European countries, England and America cannot be equated with the
condition prevailing in the State of West Bengal, particularly in the City of Calcutta. .West
Bengal has got its own
peculiar problem and this Court cannot decide a matter looking at the Europe or America where the amenities and the facilities are better. Density
of population is very thin. Roads are maintained in a perfect order.
noise is insignificant. The use of horns by vehicles is a thing which is
prohibited there unless in case of emergency. People are disciplined. Traffic
moves in a disciplined manner. No horns are there. The Ambient Noise Level in
those countries are not at par with those noise level in the City of Calcutta and/or in different parts of State
of West Bengal.
whatever may be decided by the European countries or America, cannot have any direct bearing on
the fixation of the sound level in the State of West Bengal. In other civilized countries, cars move without making any
noise or sound. Condition of the roads is such that it cannot create any noise
beyond tolerance. People in those countries are not in the habit of creating
unnecessary sounds but in our country because of the gift of the technology
sound has become a source of pleasure for few people including some young
people. Use of unnecessary horn in vehicles has become a part and parcel of
picture of the entire country compared with the State of West Bengal does not bear any material difference.
Thus a rule, practice or provision as to relaxation in Europe or America may not be of much help for us. They do not have many
festivals or celebrations round the year. Their festivals and events are only
at national level and one for all, unlike ours. Further, in the European
countries or even in America an insignificant percentage of the
population indulges in bursting crackers. Very few families, mainly Indian, in
these countries celebrate the festival of Diwali and burst crackers. Thus the
noise pollution produced by this small use of firecrackers is not a cause of
worry in these countries.
situation in India is almost the opposite. The streets
are congested and the density of population per square kilometer is one of the
highest in the world. Firecrackers are burst in almost all the houses, thus
leading to pollution in the form of noise and smoke___ both on a large scale,
making it a cause of worry.
a judicially noticeable fact that in advanced countries there is a move for
collective celebration of festivals. For example, in United States, on May Day, a show of fireworks is
arranged outside the city. People assemble in large numbers to witness such
show which is officially arranged by the State. Such example can be emulated in
our country. People belonging to that section of the society which wishes to
celebrate a festival or an occasion may be encouraged to organize such event
collectively and may have a show of fireworks away from the residential
locality. Such a move would save the people from the hazardous effects of noise
pollution caused by fireworks and at the same time bring the people together
and contribute in developing closeness, unity and brotherhood.
opinion the total restriction on bursting firecrackers between 10 pm and 6
am must continue
without any relaxation in favour of anyone.
such restriction is violative of Article 25 of the Constitution ? The affidavit
filed by Mr. Mariappan, the Secretary of the Tamil Nadu Fireworks and Amorces
Manufacturers Association, alleges the restriction on bursting firecrackers to
amount to infringement of religious rights under Article 25. He says ___
"Therefore, the interference with the date and time of celebrating the
festivals, amounts to infringement of religious rights under Article 25 and the
limitation under Article 21 does not cause any health hazard." The Court
by restricting the time of bursting the firecrackers has not in any way
violated the religious rights of any person as enshrined under Article 25 of the
Constitution. The festival of Diwali is mainly associated with pooja performed
on the auspicious day and not with firecrackers. In no religious text book it
is written that Diwali has to be celebrated by bursting crackers. Diwali is
considered as a festival of lights not of noises. Shelter in the name of
religion cannot be sought for, for bursting firecrackers and that too at odd
argument that has been put forward to remove the restriction during festivals
is that they are celebrated by most of the people and that an inconvenience to
a few should not become the reason for restraining a greater lot.
P.A. Jacob v. Superintendent of Police, Kottayam , AIR 1993 Kerala 1, it has
been said "However wide a right is, it cannot be as wide, as to destroy
similar or other rights in others.
Jefferson said: No one has a natural right to
commit aggression on the equal rights of another. J.S. Mill said: If all
mankind minus one were of one opinion, and if only one person was of contrary
opinion, mankind would be no more justified in silencing that one person, than
he, if he had the power, would be justified in silencing mankind." If at
all the people feel it necessary to burst firecrackers they can choose and go
for such firecrackers which on being burst emit colours or lights mainly and
produce very little or no sound. Their use can be permitted. The Department of
Explosives can, while working out formulae for firecrackers, also along side
classify the crackers into two categories that could be: (i) sound emitting
crackers, and (b) colours/light emitting crackers. A few examples of such colour
emitting crackers are, snake tablets, sparklers, pencils, hunters, chakri, colour
rockets, flowerpots, parachutes, etc.
(b) firecrackers may not have restriction as to timings.
it would need expert examination and opinion if colour emitting crackers also
emit fumes and gases which though not source of noise pollution yet would cause
air pollution, equally bad.
such time the Department of Explosives makes any such classification there
shall be a total ban on bursting of firecrackers between 10 p.m. and 6 a.m.
exception be carved out for firecrackers meant for export exclusively.
the Environment (Protection) Rules, 1986, be amended in such a way that the
firecrackers manufactured for export and use in other countries are exempted
from the Indian noise standards? Mr. Mariappan, the Secretary of The Tamil Nadu
Fireworks and Amorces Manufactures' Association, had in his affidavit dated 8th
February 2002, requested the Court to remove the restriction on manufacturing
fireworks meant for exporting only and which are in excess of the sound levels
prescribed for fireworks within the country. It is submitted, "the Indian
Standards on noise of firecrackers do not have any relevance to firecrackers
intended for export. But the order of the Hon'ble Supreme court prohibits
manufacture of firecrackers generating noise level exceeding 125 dB(AI) or 145
dB(C)pk at 4 maters distance from the point of bursting. There is a total
restriction on the manufacture of fireworks and crackers without any
discrimination being made between firecrackers that are manufactured for use in
India and those for use in foreign countries. The trade having been globalised,
Indian firecrackers have to necessarily comply with foreign standards if they
are to enter into the international markets. The Department of Explosives is
already having various provisions laid down under the Explosives Act, 1884 and
the Explosives Rules, 1983, which govern the export of fireworks. Prior
approval from the Department of Explosives is imperative for every export of
fireworks. Therefore the comprehensive position now imposed on firecrackers
should be modified exempting firecrackers that are manufactured for use in
foreign countries, from the purview of the Environment (Protection) Act 1986
and the Rules framed thereunder." The Court on the above-mentioned
submission sought for the view of the Department of Explosives. The Department
has expressed the view that firecrackers that are to be sold in foreign
countries may be excluded from the purview of the noise standards provided they
conform to the rules for manufacturing the goods for export. They also
submitted ___ "The firecrackers manufactured and sold for export purpose
may be excluded from the purview of the firecrackers' noise standards provided
they follow the rules for manufacturing of goods for export. This will enable
the manufacturers to compete in the world market with the other suppliers of
firecrackers. The firecrackers manufactured for export shall have a different colour
code and a clear print indicating that they are not to be sold in India." We are inclined to agree
with the view of the Department of Explosives. Firecrackers for the purpose of
export may be manufactured and bear higher noise levels subject to the
The manufacturer should be permitted to do so only when he has an export order
with him and not otherwise;
The noise levels for these firecrackers should conform to the noise standards
prescribed in the country to which they are intended to be exported as per the
These firecrackers should have a different colour packing, from those intended
to be sold in India;
The firecrackers should have a clear print on them stating that they are not to
be sold in India. In case these firecrackers are
found being sold in Indian
territory, then the
manufacturer and the dealer selling these goods should be held liable.
check/control noise pollution The need for checking noise pollution as
highlighted by the petitioners and several intervenors deserves appreciation.
for specific legislation to control and prevent noise pollution still needs
some emphasis. Undoubtedly, some laws have been enacted. Yet, compared with the
legislation in developed countries India is still lagging behind in enacting adequate and scientific
legislations. We need to have one simple but specific and detailed legislation
dealing with several aspects referable to noise pollution and providing
measures of control therefor.
is an equal need of developing mechanism and infrastructure for enforcement of
the prevalent laws. Those who are entrusted with the task of enforcing laws
directed towards controlling noise pollution, must be so trained as to acquire
expertise in the matter of fighting against noise pollution by taking
preventing and deterrent measures both. They need to be equipped with the
requisite equipments such as audio meters as would help them in detecting the
level of noise pollution more so when it crosses the permissible limits and the
all, there is need for creating general awareness towards the hazardous effects
of noise pollution. Particularly, in our country the people generally lack
consciousness of the ill effects which noise pollution creates and how the
society including they themselves stand to benefit by preventing generation and
emission of noise pollution. The target area should be educational institutions
and more particularly schools. The young children of impressionable age should
be motivated to desist from playing with firecrackers, use of high sound
producing equipments and instruments on festivals, religious and social
functions, family get- togethers and celebrations etc. which cause noise
chapters can be added into text-books which teach civic sense to the children
and teach them how to be good and responsible citizen which would include
learning by heart of various fundamental duties and that would obviously
include learning not to create noise pollution and to prevent if generated by
of special talks and lectures can be organized in the schools to highlight the
menace of noise pollution and the role of the children in preventing it. For
these purposes the State must play its role by the support and cooperation of
non-government organizations (NGOs) can also be enlisted.
awareness needs to be created in police and civil administration by means of
carrying out a special drive to make them understand the various measures to
curb the problems and the laws on the subject. Resident Welfare Associations (RAWs),
service clubs (such as Rotary International and Lions International) and
societies engaged in preventing noise pollution as part of their projects need
to be encouraged and actively involved by the local administration. Festival
and ceremonies wherein the fireworks and crackers are customarily burst can be
accompanied by earmarking a place and time wherein and when all the people can
come together and witness or view a show of fireworks dispensing with the need
of crackers being burst in the residential areas and that too which is done
without any regard to timings. The manufacturers can be encouraged to make such
fireworks as would display more the colours rather than make noise.
only the use of loudspeakers and playing of hi-fi amplifier systems has to be
regulated even the playing of high sound instruments like drums, tom-toms,
trumpets, bugles and the like which create noise beyond tolerable limits need
to be regulated.
law enforcing agencies must be equipped with necessary instruments and
facilities out of which sound level meters conforming to Bureau of Indian
Standards (BIS) code are a bare necessity.
measures need to be directed more effectively at the source. To illustrate, the
horns which if fitted with the automobiles would create hawking sound beyond
permissible limits, should not be allowed to be manufactured or sold in the
market as once they are available they are likely to be used.
and amplifiers or other equipments or gadgets which produce offending noise
once detected as violating the law, should be liable to be seized and
confiscated by making provision in the law in that behalf.
the sale of such firecrackers which create noise pollution by producing noise
beyond permissible limits is practically unmanageable. A better option
certainly is to prescribe the chemical contents and composition for each type
of firecrackers to effectively curb noise pollution. The Chief Controller of
Explosives has also been agreeable to take steps in this regard but has pointed
out difficulties attributable to shortage of personnel and non- availability of
lab facilities and requisite equipments for this purpose.
hasten to add that during the course of the proceedings the parties have been
generally agreeable to solicit directions on the lines as indicated
hereinabove. There should be no difficulty in issuing directions and ensuring
compliance to the extent as indicated hereinabove. Wherever there are
difficulties they have to be sorted out in the larger public interest.
hereby directed as under:- I. Firecrackers
a comparison of the two systems, i.e. the present system of evaluating
firecrackers on the basis of noise levels, and the other where the firecrackers
shall be evaluated on the basis of chemical composition, we feel that the
latter method is more practical and workable in Indian circumstances. It shall
be followed unless and until replaced by a better system.
Department of Explosives (DOE) shall undertake necessary research activity for
the purpose and come out with the chemical formulae for each type or category
or class of firecrackers. The DOE shall specify the proportion/composition as
well as the maximum permissible weight of every chemical used in manufacturing
Department of Explosives may divide the firecrackers into two categories- (i)
Sound emitting firecrackers, and (ii) Colour/light emitting firecrackers.
There shall be a complete ban on bursting sound emitting firecrackers between 10 pm and 6
am. It is not
necessary to impose restrictions as to time on bursting of colour/light emitting
Every manufacturer shall on the box of each firecracker mention details of its
chemical contents and that it satisfies the requirement as laid down by DOE. In
case of a failure on the part of the manufacturer to mention the details or in
cases where the contents of the box do not match the chemical formulae as
stated on the box, the manufacturer may be held liable.
Firecrackers for the purpose of export may be manufactured bearing higher noise
levels subject to the following conditions:
The manufacturer should be permitted to do so only when he has an export order
with him and not otherwise;
The noise levels for these firecrackers should conform to the noise standards
prescribed in the country to which they are intended to be exported as per the
These firecrackers should have a different colour packing, from those intended
to be sold in India;
They must carry a declaration printed thereon something like 'not for sale in India' or 'only for export to country AB'
and so on.
noise level at the boundary of the public place, 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) whichever is lower.
one shall beat a drum or tom-tom or blow a trumpet or beat or sound any
instrument or use any sound amplifier at night (between 10. 00 p.m. and 6.a.m.)
except in public emergencies.
peripheral noise level of privately owned sound system shall not exceed by more
than 5 dB(A) than the ambient air quality standard specified for the area in
which it is used, at the boundary of the private place.
Vehicular Noise No horn should be allowed to be used at night (between 10 p.m. and 6 a.m.) in
residential area except in exceptional circumstances.
There is a need for creating general awareness towards the hazardous effects of
noise pollution. Suitable chapters may be added in the text-books which teach
civic sense to the children and youth at the initial/early level of education.
talks and lectures be organised in the schools to highlight the menace of noise
pollution and the role of the children and younger generation in preventing it.
Police and civil administration should be trained to understand the various
methods to curb the problem and also the laws on the subject.
State must play an active role in this process.
Welfare Associations, service Clubs and Societies engaged in preventing noise
pollution as a part of their projects need to be encouraged and actively
involved by the local administration.
Special public awareness campaigns in anticipation of festivals, events and
ceremonial occasions whereat firecrackers are likely to be used, need to be
guidelines are issued in exercise of power conferred on this Court under
Articles 141 and 142 of the Constitution of India. These would remain in force
until modified by this Court or superseded by an appropriate legislation.
States shall make provision for seizure and confiscation of loudspeakers,
amplifiers and such other equipments as are found to be creating noise beyond
the permissible limits.
Rule 3 of the Noise Pollution (Regulation and Control) Rules, 2000 makes
provision for specifying ambient air quality standards in respect of noise for
different areas/zones, categorization of the areas for the purpose of
implementation of noise standards, authorizing the authorities for enforcement
and achievement of laid down standards. The Central Government/State
Governments shall take steps for laying down such standards and notifying the
authorities where it has not already been done.
the matters are closed consistently with the directions as above issued in
public interest, there will be liberty of seeking further directions as and
when required and in particular in the event of any difficulty arising in
implementing the directions.
CWP, CA and all pending IAs be treated as disposed of.
parting, we would like to place on record our deep appreciation of valuable
assistance rendered by Shri Jitendra Sharma, Senior Advocate assisted by Shri Sandeep
Narain, Advocate (and earlier by late Shri Pankaj Kalra, Advocate) who
highlighted several relevant aspects of the issues before us and also helped in
formulating the guidelines issued as above.