NOISE POLLUTION

EVALUATION OF NOISE POLLUTION RULES IN INDIA- ARE

THEY ADEQUATE

ENVIRONMENTAL LAW

Submitted to:
ASST. PROF. NIBHA ANAND
Faculty of Law
MATS Law School, MATS University
Raipur, Chhattisgarh, India

Report by:
AMAN GYAN DAS
MU12BALLB008
UG Student (Semester 9th), BA-LLB (Honors)
MATS Law School, MATS University
Raipur, Chhattisgarh, India
November 2016
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Acknowledgement

Gratitude is the noble response of ones soul to kindness or help generously rendered by another
and its acknowledgment is a duty and joyance. So it is that I express briefly my debt to those
who have made the creation of this project possible.
I thank the almighty, Lord on whom I believe and depend on. My each and every achievement is
nothing but a look of the God on me.
I am deeply indebted to Miss. Nibha Anand, Asst. Professor, MATS Law School, for allotting me
this topic and constantly guiding and encouraging me to undertake and complete this project. I
am thankful for his patient disposition and unconditional support throughout my project.
Then I sincerely thank to our Director Dr. G.P. Tripathi and the faculty of the MATS Law School
for giving me opportunity and facility to complete this work.
Last but never the least I extend my wholehearted thankfulness to my family and friends who
helped me a lot to complete the project.

Table of content

CHAPTER I
Introduction ...01
1
2

objective...02
research methodology .02

CHAPTER II
Noise pollution...03
CHAPTER III
Statutory provisions...09
CHAPTER IV
Judiciary and noise pollution ....16
CHAPTER V
Conclusion 18
Bibliography .19

INTRODUCTION

Noise pollution is a type of energy pollution in which distracting and irritating sounds are
clearly audible and which may result in disturbing any natural process or causes human harm. In
other words any unwanted sound may result in noise pollution. These unwanted sounds may
adversely affect wild life and human existence. Noise by definition is unwanted sound. What is
pleasant to some ears may be extremely unpleasant to others depending upon a number of
psychological factors. The sweetest music, if it disturbs a person, who is trying to concentrate or
to sleep, is noise for him, just as pneumatic riveting hammer is noise to everyone. In other words
any sound may be noise if circumstances cause it to be disturbing.
Noise pollution is a highly sensitive social issue. It has its effect on all living things. The
problem of noise pollution carries its effect on human beings, animals and birds equally. Studies
about the noise pollution reveals that hearing loss, insomnia, blood pressure, cardiovascular,
digestive problems, hypertension, headache, annoyance and irritation are common ailments
caused by noise amongst fully grown human beings, while dizziness and neurophysiologic
reactions are found in children and on the other hand, the problem of increasing heart rates,
blood pressure in animals and disturbance in breeding system have been noticed as important
ailments.
The studies on noise pollution also prove that normal tolerance of noise in human beings
lies between 40-50dB and exposure to noise of more than 90dB may result in permanent hearing
loss. Taking these harmful ill effects of noise pollution into consideration, the Noise pollution
(regulation and control) rules 2000 was passed to keep a control on the noise levels.

1.1 Objectives:-

The paper has been designed to fulfill following objectives, which could contribute and
facilitate to enhance the understanding of noise pollution and its devastating effect on
environment, legal provisions along with legal aspects related to it.

1.2 Research Methodology:-

The doctrinal method of research has been used, which involve collection of data from
both primary and secondary sources. The researcher has relied on primary sources related thereto
and Secondary sources like books written by various eminent authors and articles found in the
journals and websites, e-journals. Use of internet also became very relevant to find out the most
updated, relevant and apt information which helped me in exploring the subject from various
dimensions.

NOISE POLLUTION

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. Most of the machines that have been developed for industrial purposes, for high speed
transportation, or to make life more enjoyable, by furnishing additional comfort, reducing the
drudgery of everyday living, and speeding up our daily routines to provide additional leisure
hours, are accompanied by noise. Noise prevention and control is important as noise affects us in
hearing, ability to communicate and behavior. Undoubtedly, lesser noise can make the
environment friendlier and life becomes pleasant.
Noise pollution (regulation and control) rules, 2000 was enacted to take care of the
depletion in the environment due to excessive noise. These are rules regarding the noise levels
that should be maintained in certain areas. The noise pollution rules came up with a silence zone
i.e. an area comprising not less than 100 meters around hospitals, educational institutions, court,
religious places or any other area which is declared as such by the competent authority.
According to the noise pollution rules authorities could take action and initiate
prosecution against people who do not follow the rules. After the commencement of these rules
also one can see many cases where people just honk without any reason creating chaos on the
road and other places which comes under the purview of silence zone. These people while
honking and using loudspeakers does not realize the difficulties that they cause to others and to
themselves. One can even lose hearing; stress levels can go high and even mental instability.
Honking unnecessarily while driving has become a trend these days and one can hear it very well
at the traffic signals.

SOURCES OF NOISE POLLUTION:

Noise pollution like other pollutants is also a by- product of industrialization,
urbanizations and modern civilization.
Broadly 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 neighborhood noise generated by various noise
pollution can also be divided in the categories, namely, natural and manmade. Most leading noise
sources will fall into the following categories: roads traffic, aircraft, railroads, construction,
industry, noise in buildings, and consumer products

Road Traffic NoiseIn the city, the main sources of traffic noise are the motors and exhaust system 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.

Air Craft NoiseNow-a-days , the problem of low flying military aircraft has added a new
dimension to community annoyance, as the nation seeks to improve its nap-of theearth aircraft operations over national parks, wilderness areas , and other areas previously
unaffected by aircraft noise has claimed national attention over recent years.

Noise from railroadsThe noise from locomotive engines, horns and whistles, and switching and
shunting operation in rail yards can impact neighboring 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 workers ear.

Construction NoiseThe noise from the 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, dump trucks (and their back-up signals), and
pavement breakers.

Noise in IndustryAlthough industrial noise is one of the less prevalent community noise problems,
neighbors 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 buildingApartment 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 neighboring 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 productsCertain 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.

IMPACT ON ENVIRONMENT:
Although air quality measurements are being carried out in several cities, not much of
data is available about vehicle generated pollutants. The measurements provide data on the
ambient air quality but the contribution of individual sources is difficult to assess. Here, air
quality models can play an important role. The air pollutant concentration in the atmosphere is
not only a simple function of the emission, but it depends on the height of the emissions,
meteorology, topography and several other factors. The impact of vehicular pollutants is
comparatively more due to the fact that these are ground level emissions. Particularly in
metropolitan cities, high rise buildings close to the roads affect dispersal of pollutants. Air
quality modeling studies being carried out by the Central Pollution Control Board in Delhi
indicate that vehicular activities contribute about 70 per cent of the total NOx emissions while its
impact in the region is about 98 per cent of the total impact. Air quality measurements are,
therefore, required to be supplemented by air quality modeling techniques to compute the
contribution of sources with regard to the impact, which would help in planning the control
strategies.
Over the years, different organizations have made estimates of vehicular pollution loads
in urban areas. The total population load in major cities estimated by CPCB during the year
1991 shows that Delhi tops the list in pollution load, followed by Bombay. Among the
pollutants, carbon monoxide emission was found to the maximum. Two-stroke vehicles
(Two/three wheelers) were found to be major contributors of CO emissions. These vehicles,
despite low displacement volume and fuel combustion, dominate simply due to their large
proportion in total vehicle fleet and the high average number of kilometers driven. Hydrocarbon
and oxides of nitrogen together constitute a substantial portion of total vehicular emissions.

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WHO(World Health Organization) GUIDELINES:

As health effects are relevant to specific environments, guidelines have been proposed for
dwellings, including bedrooms; schools and preschools; hospitals, industrial, commercial,
shopping, and traffic areas; ceremonies, festivals, and entertainment events; use of headphones
for music and other sounds; impulse sounds from toys, fireworks, and firearms; and outdoors in
parklands and other such areas. Similar guidelines were being developed by the EPA, but ended
with termination of federal funding in 1982.

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STATUTORY PROVISIONS OF NOISE POLLUTION

CONSTITUTION OF INDIA AND NOISE CONTROL:

Rapid industrial development, urbanization and regular flow of persons from rural to
urban areas has made major contribution towards environmental degradation but at the same
time the Authorities entrusted with the work of pollution control-Pollution Control Board cannot
be permitted to sit back with folded hands on the pretext that they have no financial or other
means to control pollution and supported the environment. Apart from that:

Art. 21 of the Constitution of India, which guarantees right to life, Arts. 48A and 51A (g)
of the Constitution.

Article 51 A (g)-to protect and improve the natural environment including forest, lakes,
rivers and wildlife and to have compassion for living creatures.

Article 48A-Protection and improvement of environment and safeguarding of forests

and wildlife. The State shall endeavor to protect and improve the environment and to
safeguard the forests and wildlife of the country.

LAW OF TORTS AND NOISE CONTROL:

Noise in India is actionable under the law of torts. As regards the statutory control of
noise, it is surprising that there exists no law, under the Indian legal system exclusively dealing
with the problem of noise or its control, whereas many countries of the world have already
enacted specific laws to control the noise menace. We have stray provisions here for the control
of noise despite the fact that public health is greatly threatened here due to increasing noise
pollution.

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CRIMINAL PROCEDURE CODE AND NOISE CONTROL:

Provisions under the Sec. 133 of the Criminal Procedure Code, 1973 the Magistrate has
the power to make conditional order requiring the person causing nuisance including that of
noise to remove such nuisance.
INDIAN PENAL CODE AND NOISE CONTROL:

(a)

Provisions under Sec. 268 of the Indian Penal Code, 1860, noise is actionable as

public nuisance. The section reads: A person is guilty of Public nuisances who does any act
or is guilty of an illegal omission which causes any common injury, danger or annoyance to the
public or to 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. People who by any offensive means corrupt the air or by any means cause
loud and continued noise- and thereby cause injury or annoyance to those dwelling in the
neighborhood in respect of their health or comfort and convenience or living are liable to
prosecution for causing public nuisance.
(b)

Noise nuisance can also be punishable under the provisions of Sec. 290 of the

code, which prescribes a punishment, which may extend to two hundred rupees, for those cases
of nuisance not specifically covered under the Code. Neither the right to make noise can be
acquired by prescription nor can it be accepted as a defense to a charge of nuisance.
In spite of the serious consequences of noise, nuisance by noise has not been accorded its
proper place under the Indian Penal Code. It is till date relegated to the residuary provision in
Sec. 290 which prescribes just nominal punishment. The provision of the Code, in view of the
recent scientific and industrial developments, is inadequate to cope with increasing menace of
noise pollution.The provisions of the Code also do not lead us to uniform and certain rules for
application to the criminal cases of noise nuisance. There have been very rare prosecutions for
nuisance by noise as the offence of public nuisance under Sec. 290 is non-cognizable. Nuisance

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action under the penal code is a poor remedy as it is nominally penetrative rather than preventive
or compensatory.
POLICE ACT, 1861 AND NOISE CONTROL:

The Police Act, 1861 also deals with noise pollution and punishment thereof.
(i)

Provisions under Sec. 30 of the Act, District Superintendent or Assistant District

Superintendent of Police are authorized to direct the conduct of all assemblies and processions
on public roads or in the public streets or thoroughfares. They can prescribe the routes by which
and the times at which such processions may pass. These police officers may also require by
general or special notice for the procurement of a license in cases where in the judgment of
Magistrate of the district, the convening of the assembly or of a procession likely to be formed or
pass through such road, street or thoroughfare, if uncontrolled, is likely to cause a breach of
peace. Under the same section, the above-mentioned police officers are also empowered to
regulate the extent to which music may be used in the streets on festivals and ceremonies.
(ii)

Provisions under Sec. 30-A, the above said police officers and Inspectors of

Police or any Police Officer in charge of a station are authorized to exercise the power of
stopping, dispersing or declaring the assemblies or processions as unlawful which violate the
conditions of license.
(iii)

Provisions Sec. 32 of the Act, (on conviction before a Magistrate), provides for a

penalty of a fine not exceeding two hundred rupees, for violation of the conditions of any license
for the use of music or for the conduct of assemblies and processions, issued by the district
Superintendent or Assistant District Superintendent of Police.

RAILWAYS ACT, 1890 AND NOISE CONTROL:

It is surprising to note that railway engines and carriages are a big source of noise in India
but railway locomotives enjoys a statutory protection under the Indian than Railways Act, 1890
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against any action for the noise created thereby. There is no provision in the Act, which provides
for the regulation of noise by railway locomotives. Sec. 16 of the Act gives statutory authority
for the use of locomotives to railway administration. The section reads as Right to rise
locomotives:
A railway administration may with the previous sanction of the (Central Government)
use upon railway locomotive engines or other motive powers and rolling stock to be
drawn or propelled thereby.
The Railway Act, 1890 has been repealed by the Railways Act of 1989 but the new Act also
does not contain any specific provision dealing with the control of noise pollution resulting from
railway locomotives. Noise from railway locomotives cannot be subjected to strict statutory
control, for railways constitute the largest means of public transportation in India.
AIRCRAFT ACT, 1934 AND NOISE CONTROL:
The impact of civil aviation on the environment is evident in the rising public concern
regarding noise, which is most irritating and the most responsible element for the rising
opposition to further growth of aviation. The concern over the increasing noise levels from
aircrafts has been appreciated by the world aviation community.
Accordingly, in 1968 at the sixteenth Assembly session of the International Civil Aviation
Organization (ICAO) at Buenos Aires, a resolution was adopted whereby ICAO was asked to
study on urgent basis the problem of noise pollution from aircrafts. The ICAOI- pursuant to this
resolution carried out a detailed study of the noise problem and developed laws in the form of
International Standards and Recommended Practices for aircraft noise. These were finally
adopted by ICAO in the form of Annexure 16 to the Convention on International Civil
Aviation. According to these standards all aircrafts are required to be noise certified by the
authorities of the state of registry of the aircraft on the basis of satisfactory evidence that the
aircrafts complies with requirements which are least equal to the applicable standards specified
in Annex. 16.

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India is a member state of ICAO and has accordingly accepted the noise specifications of
Annexure 16 for implementation in India. Hence as per an Aeronautical Information circular
issued, a legal directive, which lays down that aircrafts which are not noise certified in
accordance with Annex? 16 standards will not be permitted to operate in India after 31st
December' 1987.
Under the Indian Aircraft Act, 1934 causing willful damage or injury is
actionable. Although there is no specific provision relating to control of noise pollution from
aircrafts but under the rule making powers confirmed by Sec. 8 (A) of Aircraft Act, 1934 and its
supersession of the Indian Aircrafts (Public Health) rules, 1946 Government can make rules to
control noise pollution for safeguarding health. Noise restriction regulations and safety
regulations are incorporated in the Aircrafts Rules. To enforce rules Airfield Environment
Committees headed by Secretaries, of the State Governments with broad-based membership
from Civil Aviation Department, Municipal Corporations, Health Department, etc., are
established at all airports. These committees also consider ways and means to maintain
environmental cleanliness, disposal of wastes and removal of unauthorized slums or eating
places etc., around the airport.
It may be mentioned here that theoretically there are noise restrictions at the Indian
airports, but there are not known cases where airline has been penalized for infringement of the
laid down noise regulations. No serious effort has been made to impose night curfews to cut
down noise pollution.

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Factories Act, 1948 and Noise Control:

The Factories Act, 1948 does not contain a specific provision of noise control while it has
been found in a number of cases that high intensities, high frequencies and intermittency of noise
are the factor of annoyance for the workers. Such situations not only cause physical and
psychological damages but also impair workers efficiency resulting into their giving low
production and causing dissatisfaction practically to all. Only Sec. 11 of the Factories Act, 1938
provides protection from noise by making it obligatory on the part of an occupier for keeping
every factory clean and free from any drain, privy or other nuisance. The use of word 'nuisance'
in Section 11 may include noise. It is pertinent to note that under Sec. 35 of the Act, protection
to eyes of employees is given but protection to ears is nowhere given in the Act. The omission to
specifically provide for protection of workers against the noise pollution is uncalled for whereas
under the schedule under Sees. 89 and 90 of the Act, noise induced hearing loss is mentioned as a
notifiable disease.
Industrial laws such as Factories Act need to incorporate safety provisions against noise
pollution to safeguard the workers such as provision for ear plugs and insulation in addition to
provisions for the reduction of noise at source such as reduction of noise by proper machine
design, proper maintenance, lubrication, mounting equipment on rubber enclosing the noise, use
of baffles, use of sound proofing material like walls, ceilings and floors, etc.

The Air (Prevention and Control of Pollution) Act, 1981 and Noise Control:
Prior to the 1987 amendments to the Air Act, 1981, the Act did not include in its gamut
the regulation of noise pollution. But after the 1987 Amendments noise has been recognized as
an air pollutant. The amended Sec. 2 (a) now defines 'air pollutant' to mean 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. Hence the 1987 Amendment to the Air Act now specifically extends the provision

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of Air Act, including increased penalties citizen's suits and the issuance of injunctions by
Magistrates, to control noise pollution.
The Central and the State Boards now exercise the powers and functions under Section
16 and 17 of the Air Act, respectively with regard to the prevention and control of noise pollution
including the laying down of noise standards. In pursuance of the powers conferred under Sec.
16, the Central Pollution Control Board has laid down noise standards during the reporting years.

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JUDICIARY AND NOISE POLLUTION

In Raghunandan Prasad1 the engine of a factory was causing noise so as to be a serious

nuisance to be the people living in the neighborhood the forbade the working of engine from 9
P.M. to 5 A.M.
In Mauj Raghu2 a rice mill working at night during season will not disentitle the
inhabitants of locality to relief under this section if it is established that such working is a
nuisance.
In Ram Avtar3 the appellant carried on a trade of auctioning vegetable in private house
the noise caused by the auctioning caused discomfort to person living in society. An order was
passed restraining auctioning g of vegetable in their house. It was held by supreme court that the
order was not justified merely because the applicant carried on auctioning gin connection with
which the carts were brought they could not be taken as cause of problem Section 133 was held
not intended to stoop such trades merely because of discomfort caused by the noise.
In Himmat Singh4 Where there was fodder tales in a residential colony to which fodder
was brought daily during nights by trucks which were unloaded in the morning and fodder was
cut during the day by electric operated machines. It was held that the carrying on the trades
causing intolerable noises emanating offensive smells and spreading dust containing articles of
fodder cut was public nuisance as noise pollution.

1 ( 1931) 53 ALL 706

2 ( 1964) 2 CrLJ 94
3 ( 1963) SSCR 9 AIR 1962 SC 1794
4 Himmat Singh v. Bhagwan Ram (1988 CrLJ 614 Rajasthan
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Some other important cases:

In Govind singh5 the court examined the emerging parameters of public nuisance. The
Supreme Court on special leave to appeal noted that the evidence disclosed the emission of
smoke injurious to health and physical comfort of people living or working in the proximity of
appellant bakery and held this as a case of public nuisance.
In Maulan Mufti Syed and Other10 V. State Of West Bengal AIR 1999 CAL 15 The court
held imposition of restriction on the use of microphone and loud speakers by the state
government between 9 pm to 7 am which inter alia include recitation of azan on microphone in
early hours before 7 AM is not volatile of Article 25 of constitution guaranteeing of freedom of
religion. Latest authority of Supreme Court is a land mark judgment in the field of noise
pollution.

5 Govind singh v. Shanti Swaroop AIR 1979 SC 143

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CONCLUSION

As a society, our history is filled with failures to recognize the agents that cause disease;
once the causes have been recognized, we have responded reluctantly, slowly, and often
inadequately. The case with tobacco is an instructive one. It took many years of lobbying by
dedicated individuals before legislators and the general public recognized the links between the
hazards of tobacco smoke and disease; as a result laws were finally enacted and behaviors
changed accordingly.
Noise makers and the businesses that support them are as reluctant as smokers to give up
their bad habits. Legislators at all levels should protect us from noise pollution the same way
they protected us from tobacco smoke and other forms of pollution. It is clear that laws can
change behaviors in ways that benefit society as a whole.
Noise adversely affects general health and well-being in the same way as does chronic
stress. It adversely affects future generations by degrading residential, social, and learning
environments with corresponding economic losses. Local control of noise has not been
successful in most places. To control the increasing ambient noise level in public places from
various sources, inter alia , industrial activity, construction activity, generator sets, loud speakers,
public address system, music systems, vehicular horns, and other mechanical devices Noise
Pollution (Regulation and Control) Rules, 2000 has been enacted by the Government of India in
exercise of its powers conferred under the Environment (Protection) Act, 1986. The authority for
the implementation of the said Noise Rules is the District Magistrate, Police Commissioner and
other officer not below the rank of Deputy Superintendent of Police. The help of the State
Pollution Control Boards are sought to measure the noise level and violators are prosecuted by
the said Police Officials before the concerned Magistrate Court. This point out the need for
improved methods of local control that should include public education, enlightened legislation,
and active enforcement of noise ordinances by local law enforcement officials. Part of the
solution may require federal or state legislation aimed at supporting local efforts or the
restoration of federal funding for the Office of Noise Abatement and Control.

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BIBLIOGRAPHY

https://en.wikipedia.org/wiki/Noise_pollution
eschooltoday.com/pollution/noise-pollution/effects-of-noise-pollution.html
home.uchicago.edu/.
www.researchgate.net/
http://www.legalindia.com/noise-pollution-and-law/

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