SUBJECT: ENVIRONMENTAL LAW

Project topic:
NOISE POLLUTION HEALTH AND PROTECTION

Submitted By
Fatima inam
Roll no. 1127
4TH Year , 7 Semester, B.A.LL.B(Hons.)
th

Submitted to
Prof. (Dr.) HRISHIKESH MANU
Faculty of Law

Chanakya national Law University, Patna

NOVEMBER, 2017

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 ACKNOWLEDGEMENT
I would like to express my special thanks of gratitude to my teacher who gave me
the opportunity to do this project who has helped me in doing a lot of research and I
came to know about this topic. I would also like to thank my friends who helped me
and even my parents for all sort of financial help. By doing this project I have surely
increased my knowledge.

THANK YOU

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AIMS AND OBJECTIVE

The researcher wants to know about the method to control noise pollution.

LIMITATION OF THE STUDY

The researcher has restricted its research to doctrinal method to find out the extent of the
application by the judiciary. Due to limited time, researcher has not discussed it from the
International perspective but limited her research from the Indian Constitutional Law
perspective. Further, researcher has used secondary source to find out the research questions and
limited its study under Indian Law.

RESEARCH METHODOLOGY
While researching, examining, evaluating and analyzing the concept of noise and itspollution
perspective from Indian Constitution, all the data collected is based on the Books, Journal, case
Laws, Legislation, research paper, e-sources, websites, Law commission Report etc. and
eventually to navigate the conclusions and suggestion on the aforesaid study.
The Sources of above mentioned tools is accessed through the CNLU Library, Internet,
Newspaper, Periodicals etc. Further, various approaches are taken into account so as to test and
analyze the issue and to contrive the entire study more circumspection, analytical and receptive
manner for the reader.
The various elements undertaken by the researcher in order to complete its research are as
follows:

i. Various national and International authored Books and Journals have been
referred to gain knowledge as well as for getting acquainted with the subject
closely.
ii. Online research has been also conducted to understand the various technicalities
of the subject and latest developments in this field. Reference will also be made to
legislations, articles and case laws.
The secondary sources complied in the research includes various articles written by the
professional.

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 TABLE OF CONTENTS

1.INTRODUCTION

2 SOURCES O NOISE POLLUTION

3.EFFECTS AND CAUSES OF NOISE POLLUTION

4.NOISE POLLUTION CONTROL RULE 2000

5.JUDICIAL INTERPRETATIONS

6.CONCLUSION

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 CHAPTER-1

INTRODUCTION

In simple terms, noise is unwanted sound Noise is derived from the Latin word nausea implying
unwanted sound or sound that is loud, unpleasant or unexpected. The noise originates from
human activities, especially the urbanization and the development of transport and industry.
Though, the urban population is much more affected by such pollution, however, small
town/villages along side roads or industries are also victim of this problem. Noise is becoming an
increasingly omnipresent, yet unnoticed form of pollution even in developed countries. According
to Birgitta and Lindvall (1995), road traffic, jet planes, garbage trucks, construction equip-ment,
manufacturing processes, and lawn mowers are some of the major sources of this unwanted sounds
that are routinely broadcasted into the air. Though noise pollution is a slow and subtle killer, yet
very little efforts have been made to ameliorate the same. It is, along with other types of pollution
has become a hazard to quality of life. Kiernan (1997) finds that even relatively low levels of noise
affects human health adversely. It may cause hypertension, disrupt sleep and/or hinder cognitive
development in children. The effects of excessive noise could be so severe that either there is a
permanent loss of memory or a psychiatric disorder (Bond, 1996). Thus, there are many an adverse
effects of excessive noise or sudden exposure to noise. In India, the problem of noise pollution is
wide spread. Several studies report that noise level in metropolitan cities exceeds specified Kamla-
Raj 2004 J. Hum. Ecol., 16(3): 181-187 (2004) Noise Pollution- Sources, Effects and Control
Narendra Singh and S. C. Davar Department of Commerce, Kurukshetra University, Kurukshetra
136119, Haryana, India KEYWORDS Pollution. Human Health. Noise Standards. Social and
Religious Ceremonies. Noise Effects Noise Reduction. Public Eduducation. ABSTRACT The
study examines the problem of noise pollution in the wake of its ill effect on the life of the people.
A crosssection survey of the population in Delhi State points out that main sources of noise
pollution are loudspeakers and automobiles. However, female population is affected by religious
noise a little more than male population. Major effects of noise pollution include interference with
communication, sleeplessness, and reduced efficiency. The extreme effects e.g. deafness and
mental breakdown neither is ruled out. Generally, a request to reduce or stop the noise is made out
by the aggrieved party. However, complaints to the administration and police have also been
accepted as a way of solving this menace. Public education appears to be the best method as

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suggested by the respondents. However, government and NGOs can play a significant role in this
process. standard limits. It is responsible for rising incidence of deafness among the inhabitants
(Bhargawa, 2001). A study by Singh and Mahajan (1990) conducted in Delhi and Calcutta, found
that the noise level is 95dB as against the ambient limit of 45dB. Even at the calm places, it does
not fall below 60dB. Murli and Murthy (1983) also found that traffic noise in Vishakhapatanam
exceeds 90dB even in morning hours that acts as a source of nuisance. The noise pollution is not a
unique.

Several initiatives have been taken by various countries to check the noise level. For example,
USA has taken initiative to create sites where human-caused noise pollution will not be tolerated
(Geary, 1996). Similarly, the European Union (with more than 250,000 inhabitants) requires that
noise maps of big cities are drawn up by 2002 (New Scientist, 1998). To safeguard against ill
effects of noise, the laws of Netherlands do not permit building of houses in areas where 24-hour
average noise levels exceed 50dB. And in Great Britain, the Noise Act empowers the local
authorities to confiscate the noisy equipment and fine people who create excess noise at night.
Noise pollution has become a serious problem for human health.1 The noisy atmosphere in which
we are living is an obstacle in securing good health. Noise pollution and environmental noise are
hurting human and other organisms. Noise beyond a limit produces many diseases, such as
hypertension, stress, making people vulnerable to forgetfulness, depression, insomnia, and many
other serious ailments. Noise is also very dangerous for nature as a whole because it disturbs the
tranquillity of all creatures and increases mortality rate in them. Noise pollution means an
unwanted or undesirable sound that leads to physical and mental problems. Noise pollution is
dependent on the loudness and frequency of the sound. In fact, when the sound exceeds its limit,
it becomes fatal for human and other organisms. The noise intensity is measured in decibels or
dB. A person can bear the noise up to 85 decibels, after which his hearing power can be
damaged. sounds more intense than 30 decibel are called noise. Anyway, all the sounds come
under noise pollution which makes the mind turbulent or restless. In fact, any unwanted noise
arising in the environment, which has adverse effects on the health of the organism, is noise
pollution.

1
http://www.indiacelebrating.com/environmental-issues/noise-pollution/Retrieved on 12-10 17

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In daily life, we hear different intensity of sounds, whose level ranges from 10 to 100 decibels.
Considering the side effects on human health, scientists have set the maximum sound limit,
ranging from 75 to 85 dB in different countries. The World Health Organization considers the
sound of 45 decibels ideal for cities. But measurement of sound in most big cities exceeds 90
decibels.2

2
http://www.indiacelebrating.com/environmental-issues/noise-pollution/Retrieved on 12-10 17

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 CHAPTER-2

SOURCES OF NOISE POLLUTION

The sources of noise pollution are divided into two categories:3

Natural sources

The natural environment is filled with various sounds thunderstorms, lightning, tornado,
cyclone, volcanic eruptions, earthquakes, landslides, sounds produced by animals, and rapidly
falling water.

Human sources

Rapid industrialization, urbanization, use of modern means of transport, population growth, and
increasing scale of human activities are some of the human factors responsible for noise
pollution. Both types of noise pollution, affect sleep, listening ability, physical and mental health.

Vehicular Noise: The modern means of traffic including vehicles such as buses, trucks, scooters,
cars, motorcycles, trains, aircraft, firecrackers, explosives etc, pollute the atmosphere. Sound of
other automated vehicles and horn, excessive use of loudspeakers for religious purposes also
generate jarring noise.
Industrial Noise: Industry-businesses, factories and commercial establishments produce a variety
of raucous sounds that bump into our ears and disturb our mind. Noise pollution is an integral
part of the industrial environment with heavy machines used in the industries; it is on the rise
with the increase in industrial urbanization.4
Commercialisation of residential areas: Even in non-industrial areas, there is noise in the
surrounding environment due to printing, dyeing machines, repairing cars, grinding etc.5
Domestic Noise: As the houses in the cities are quite adjacent, the amount of domestic noise is
increasing. The noise of radio, television, instrumentation and various types of sounds are
3
http://www.indiacelebrating.com/environmental-issues/noise-pollution/Retreived on 12- 10- 17
4
eschooltoday.com/pollution/noise-pollution/what-is-noise-pollution.htm
5
Supra note 3.

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constantly occurring around us, which cause mental health problems, stress, deafness etc. Other
domestic sources include noise in the kitchen, and domestic discord including scolding, shouting,
crying, etc. Construction activities: Unbridled construction is also a reason for noise pollution
outside the home. Sound pollution is also caused due to poor urban planning because industrial
and residential buildings are quite close by in many cities.
Political Activities: Noise pollution is also generated by dharna, demonstrations, slogans,
election propaganda, processions, and rallies frequently organised in cities.
Noisy Hospitals: Noise pollution also occurs in hospitals. Rocking of trolleys, wheelchairs,
surgical instruments, oxygen cylinders, sounds from plants, uncontrolled conversations among
patients, relatives, emergency noise and screams, mourning followed by death are some of the
sources of noise pollution in medical centres.
Fireworks: Fireworks are another source of pollution. Uncontrolled fireworks in festivals, fairs,
or crackers after victory in matches and elections produce unbearable noise.
Other Reasons: Noise pollution inside and outside the house includes car alarms, emergency
services siren, machine tools, compressed air horn, equipment, electrical equipment, megaphone
etc.

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 CHAPTER-3
EFFECTS OF NOISE POLLUTION/DISEASES CAUSED BY
NOISE POLLUTION

Noise pollution may cause temporary or permanent hearing impairment. The most direct
harmful effect of excessive noise falls on the ears. Many times, extreme noise ruptures the ear
drums.6

You cannot only be deaf but can also come in the grip of deadly illnesses like impotence and
cancer, besides problems such as lack of memory, concentration, and interruption in speech,
irritation, irritability, stress and depression.

The noise not only creates irritability, anger, but also accelerates the heart rate by increasing
blood flow in the arteries. The constant noise increases the amount of cholesterol in the blood,
which contracts blood vessels, increasing the likelihood of cardiovascular disease.

Health experts believe that rising noise gives rise to neurological disease, nervous breakdown,
hypertension, vision, dizziness, excessive sweating, exhaustion

As rapid noise hinders sleep, insomnia has adverse effects on human functioning. The person
becomes irritable, angry, tired and tense, and he even becomes neurotic or crazy.

Exposure to the noise of 180 decibels intensity may result in the death of man.

Due to excessive noise, there is a decrease in the production of digestive juices.

Noise pollution has a lot of adverse effect on infants and women, sometimes due to loud velocity
of sound, women also undergo miscarriage or the foetuss heart stops and the entire behaviour of
the infant can change. Children imbibe forgetful tendencies.

The effect of noise is dangerous for animal life too. Due to continuous noise, their habitat
decreases and the threatened creatures reach the brink of extinction. The most notable of the
deadly effects of noise pollution is that some species of whale die due to noise.

6
https://www.iaspaper.net/noise-pollution/Retrieved on 12-10-17

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 Noise pollution has extremely harmful effects on other organisms and vegetation. Due to
frequent noise, animals and birds leave their habitat and move away. Animals and birds migrate
from the forest areas near the mining areas and high traffic roads. Due to acute sound waves,
birds may even stop laying eggs.

Because of excessive noise, many violent creatures cannot find their prey, while other creatures
cannot survive being hunted.

Many microbes are destroyed by acute sound, which inhibit decomposition of wastes.

There are adverse effects of pollution on pets such as turbulence, and decrease in their milk
content.

Similarly, due to noise pollution, the growth of the vegetation is hindered; the fruits and flowers
of the trees get withered and decayed.

With excessive sound the walls of windows of the buildings are broken, the roofs rattle and get
cracked.

Due to blasts in the mining areas, or sound of jet aeroplanes sometimes high-rise buildings
collapse or cracks develop in them, dams, bridges,7 etc.

The sound effects of noise pollution caused by nuclear explosions spread through hundreds of
kilometres so that biodiversity is threatened.

Rocks, snowflakes and landslide incidents rise in snowy and mountainous areas.

Because of the noise, many creatures also speak loudly, which is called Lombard Vocal
Response. Their vocal intensity increases in the presence of noise. It occurs as a response to
ambient noise.

Due to excessive noise, there is a disruption in the studies of children too, as they do not get
peaceful environment for study even in their homes.

7
https://www.iaspaper.net/noise-pollution/Retrieved on 12-10-17

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 CHAPTER-4

NOISE POLLUTION CONTRO RULE 2000

This rule talks about how to control noise pollution.What preventive measure should be taken to
control noise pollution.Because due to over increasing of noise and excessive uses of
loudspeaker, horns in the automobiles,burning of fire crackers,musics ,all these causes health
effect to public at large.So to stop all of these this rule of 2000 came into force.

8
S.O.123 (E)The increasing ambient noise levels in public places from various sources, inter-alia,
industrial activity, construction activity,9 generator sets, loud speakers, 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 standards in respect of noise; The ambient air quality standards in respect of noise for
different areas/zones shall be such as specified in the Schedule annexed to these rules.

(2) The State Government10 may categorize the areas into industrial, commercial,
residential or silence areas/zones for the purpose of implementation of noise standards for
different areas.

(3) The State Government shall take measures for abatement of noise including noise
emanating from vehicular movements11 and ensure that the existing noise levels do not
exceed the ambient air quality standards specified under these rules.

8
Substituted by Rule 2(i)of Noise pollution(Regulation and control ) Amendment Rules,2000 notified vide S O 1046
e.v dated 22 -11-2000. w.e.f 22-11-2000.
9
Inserted by Rule 2(i)of Noise pollution(Regulation and control ) Amendment Rules,2000 notified vide S O 1046
e.v dated 22 -11-2000. w.e.f 22-11-2000.

10
Substituted by Rule 3of Noise pollution(Regulation and control ) Amendment Rules,2000 notified vide S O 1046
e.v dated 22 -11-2000. w.e.f 22-11-2000.
11
Inserted by Rule4 of Noise pollution(Regulation and control ) Amendment Rules,2010 notified vide S O 50 E
dated 11 -1-2010. w.e.f 11-1-2010.

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 (4) All development authorities, local bodies and other concerned authorities while
planning developmental activity or carrying out functions relating to town and country
planning shall take into consideration all aspects of noise pollution as a parameter of
quality of life to avoid noise menace and to achieve the objective of maintaining the
ambient air quality standards in respect of noise.

(5) An area comprising not less than 100 metres around hospitals, educational institutions and
courts may be declared as silence area/zone for the purpose of these rules. . Responsibility as to
enforcement of noise pollution control measures.

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(1) The noise levels in any area/zone shall not exceed the ambient air quality standards
in respect of noise as specified in the Schedule.

(2) The authority shall be responsible for the enforcement of noise pollution control
measures and the due compliance of the ambient air quality standards in respect of noise.

5. Restrictions on the use of loud speakers/public address s1stem.

13
(1) A loud speaker or a public address system shall not be used except after obtaining written
permission from the authority.

(2) A loud speaker or a public address system shall not be used at night (between 10.00 p.m. to
6.00 a.m.) except in closed premises for communication within, e.g. auditoria, conference rooms,
community halls and banquet halls.

6. Consequences of any violation in silence zone/area.

Whoever, in any place covered under the silence zone/area commits any of the following
offence, he shall be liable for penalty under the provisions of the Act:

12
Inserted by Rule 2(i)of Noise pollution(Regulation and control ) Amendment Rules,2006 notified vide S O 1569 E
dated 19 -9-2006.

13
Substituted by Rule 2(i)of Noise pollution(Regulation and control ) Amendment Rules,2010 notified vide S O
dated 22 -11-2010

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 (i) whoever, plays any music or uses any sound amplifiers,

(ii) whoever, beats a drum or tom-tom or blows a horn either musical or pressure, or
trumpet or beats or sounds any instrument, or

(iii) whoever, exhibits any mimetic, musical or other performances of a nature to 44raq
crowds.

7. Complaints to be made to the authority.

(1) A person may, if the noise level exceeds the ambient noise standards by 10 dB(A) or
more given in the corresponding columns against any area/zone, make a complaint to the
authority.

(2) The authority shall act on the complaint and take action against the violator in
accordance with the provisions of these rules and any other law in force.

8. Power to vrohibit etc. continuance of music sound or noise.

(1) If the authority is satisfied from the report of an officer incharge of a police station or
other information received by him that it is necessary to do so in order to prevent
annoyance, disturbance, discomfort or injury or risk of annoyance, disturbance,
discomfort or injury to the public or to any person who dwell or occupy property on the
vicinity, he may, by a written order issue such directions as he may consider necessary to
any person for preventing, prohibiting, controlling or regulating:

(a) the incidence or continuance in or upon any premises of -

(i) any vocal or instrumental music,

(ii) sounds caused by playing, beating, clashing, blowing or use in any manner whatsoever of any
instrument including loudspeakers, public address systems, appliance or apparatus or contrivance
which is capable of producing or re-producing sound, or

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(b) the carrying on in or upon, any premises of any trade, avocation or operation or process
resulting in or attended with noise.

(2) The authority empowered under sub-rule (1) may, either on its own motion, or on the
application of any person aggrieved by an order made under sub-rule (1), either rescind, modify
or alter any such order:

Provided that before any such application is disposed of, the said authority shall afford to the
applicant an opportunity of appearing before it either in person or by a person representing him
and showing cause against the order and shall, if it rejects any such application either wholly or
in part, record its reasons for such rejection.

1. Day time shall mean from 6.00 a.m. to 10.00 p.m.

2. Night time shall mean from 10.00 p.m. to 6.00 a.m.

3. Silence zone is defined as an area comprising not less than 100 metres around hospitals,
educational institutions and courts. The silence zones are zones which are declared as such by the
competent authority.

4. Mixed categories of areas may be declared as one of the four above mentioned categories by
the competent authority.

*dB(A) Leq denotes the time weighted average of the level of sound in decibels on scale A
which is relatable to human hearing.

A "decibel" is a unit in which noise is measured.

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 CHAPTER-5

JUDICIAL INTERPRETATION

Case Title Church of God (Full Gospel) in India v K K R Majestic Colony Welfare
Association .14The questions involved in this appeal are that in a country having multiple
religious and numerous communities or sects, whether a particular community or sect of that
community can claim right to add to noise pollution on the ground of religion? Whether beating
of drums or reciting of prayers by use of microphones and loudspeakers so as to disturb the
peace or tranquillity of neighbourhood should be permitted? 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 day-time 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, old and 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
sensitive to noise. Their rights are also required to be honoured.

Under 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, urbanisation and modernization and is having many evil effects including
danger to the health. It may cause interruption of sleep, affect communication, loss of efficiency,

14
Church of God (Full Gospel) in India v. K.K.R. Majestic Colony Welfare Assn. AIR 2000 SC 2773. 2000 (3) KLT 651 :
2000 (6) SCALE 163.

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hearing loss or deafness, high blood pressure, depression, irritability, fatigue, gastro-intestinal
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 organised society, rights are related with duties
towards others including neighbours. In our view, the contentions raised by the learned counsel
for the appellant deserves to be rejected because the direction given by the learned Judge to the
authorities is only to follow the guidelines laid down in Appa Raos case decided by the Division
Bench of the same High Court on the basis of the Madras City Police Act, 1888 and the Madras
Towns Nuisance Act, 1889. It is also in conformity with the Noise Pollution (Regulation and
Control) Rules, 2000 framed by the Central Government under the provisions of the
Environment (Protection) Act, 1986 read with rule 5 of the Environment (Protection) Rules,
1986. Rule 3 of the Noise Pollution (Regulation and Control) Rules, 2000 provides for ambient
air quality standards is respect of noise for different areas/zones as specified in the Schedule.

This matter was assigned by the Hon'ble Chief-Justice before this Bench. The writ application
has been filed by Moulana Mufti Syed Md. Noorur Rehman Barkati, Imam and Khatib. Tipu
Sultan; Shahi Masjid, Dharamtala and Chairman Gharib Nawaz Educational and Charitable
Society, Calcutta and eight others for a declaration that Rule 3 of the Environmental (Protection)
Rules, 1986 vis a vis Schedule III of the said Rule do not apply in case of Mosques more
particularly at the time of call of Azan from the Mosques and for the further declaration that
Schedule III of the Environmental (Protection) Rules, 1986 is ultra vires Articles 14 and 25 of
the Constitution. The petitioners also prayed for withdrawal of all conditions and restrictions
which were notified by the Police and other authorities pursuant to the order passed in the case of

In Om Birangana Religious Society vs The State And Ors, 15 Honble Calcutta High Court (as
now being referred to as Kolkata High Court), observed: 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. One cannot exercise his right at the
cost and in total deprivation of others' rights. A right cannot be conferred by the authorities
concerned upon a person or a religious organization to exercise their rights suspending and/or
taking away the rights of others. Freedom of speech is guaranteed to every citizen so that he may
15
Om Birangana Religious Society v. The State and Ors (1996) ILR 2 CAL 404.

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reach with the winds of willingness and not coerced unwillingness. The provisions of Article 25
is subject to the provisions of Article 19(1)(a) of the Constitution. On true and proper
construction of the provisions of Article 25(1), read with Article 19(1)(a) of the Constitution, it
cannot be said that a citizen should be coerced to hear anything which he does not like or which
he does not require. The citizens have a right to enjoy their lives in the way they like, without
violating any of the provisions of the law. A citizen has a right to leisure, right to sleep, right not
to hear and right to remain silent. He has also the right to read and speak with others. Use of
microphones certainly takes away the right of the citizens to speak with others, their right to read
or think or the right to sleep. A very important passage pertaining to this issue, was published in
Times of India which was duly relied upon by Your Lordships of Honble Apex Court in Forum,
Prevention of Environment and Sound Pollution v. Union of India & Others, the relevant portion
is produced hereinafter: "Those who favor the use of loudspeakers plead that it is a devotee's
religious duty enjoined by the shastras to make others listen and enjoy the singing of bhajans.
Azaan too is necessary to inform others that it is time for namaz, a job assigned to the muezzin of
the mosque. Wait a minute. There were no loudspeakers in the old days. When different
civilizations developed or adopted different faiths or when holy books were written to guide
devotees, they did not mention the use of loudspeakers as being vital to spread religious
devotion. So the use of loudspeakers cannot be a must for performing any religious act. Some
argue that every religion asks its followers to spread its teachings and the loudspeaker is a
modern instrument that helps to do this more effectively. They cannot be more wrong. No
religion ever says to force the unwilling to listen to expressions of religious beliefs. In the
Bhagavad Gita, Krishna says to Arjuna: "This secret gospel of the Gita should never be imparted
to a man who lacks penance, nor to him who is wanting in devotion, nor even to him who lends
not a willing ear; and in no case to him who finds fault with Me.... He who, offering the highest
love to Me, preaches the most profound gospel of the Gita among My devotees, shall come to
Me alone; there is no doubt about it" (18.67-68). We are inclined to quote the following passage
from Times of India (The Speaking Tree) dated 7.10.2005: A similar instance is found in
Biblical literature. The Gospel according to Saint Luke says: "When Jesus had called the Twelve
together, he gave them power and authority to drive out all demons and to cure diseases, and he
sent them out to preach the kingdom of God and to heal the sick. He told them: 'Take nothing for
the journey - no staff, no bag, no bread, no money, no extra tunic. Whatever house you enter,

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stay there until you leave that town. If people do not welcome you, shake the dust off your feet
when you leave their town, as a testimony against them'. So they set out and went from village to
village, preaching the gospel and healing people everywhere" (9.1-10).

In Sayeed Maqsood Ali V/s State of Madhya Pradesh,16 the Honble High Court of Madhya
Pradesh held that: Every citizen is entitled under Article 21 of the Constitution to live in a
decent environment and has the right to sleep peacefully at night. Not for nothing it has been said
sleep is the best cure for waking troubles and the sleep of a labouring man is sweet. Sleep brings
serenity. Lack of sleep creates lack of concentration, irritability and reduced efficiency. It cannot
be lost sight of that silence invigorates the mind, energises the body and quitens the soul. That
apart, the solitude can be chosen as a companion by a citizen. No one has a right to affect the
rights of others to have proper sleep, peaceful living atmosphere and undisturbed thought. No
citizen can be compelled to suffer annoying effects of noise as that eventually leads to many a
malady which includes cardio vascular disturbance, digestive disorders and neuro psychiatric
disturbance.

The Supreme Court in Church of God (Full Gospel) in India v/s K.K.R. Majestic Colony
Welfare Assn17 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 neighborhood are also entitled to enjoy their natural right of
sleeping in a peaceful atmosphere. The Fundamental rights belong to human personality, and
not to a mechanical device. 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 rights under Article 19 (though they may be useful to man to
express his faculties).

In Burrabazar Fireworks Dealers Association v. Commissioner of Police, 18Calcutta, it has been

held "Article 19 of the Constitution of India does not guarantee the fundamental right to carry on

16
AIR 2001 MP 220.
17
AIR 2000 SC 2773. 2000 (3) KLT 651 : 2000 (6) SCALE 163.

18
Ajmer [1954]1 SCR 873

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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 and other provisions of the Constitution are taken away, suspended and made
meaningless....Under Article 19, read withy Article 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 Article 21 of the Constitution.

In the case of Moulana Mufti Syed Md. Noorur Rehman Barkati and others v. State of West
Bengal,19 wherein it has been held as under: "None can claim an absolute right to suspend other
rights or it can disturb other basic human rights and fundamental rights to sleep and leisure. The
argument that the Environmental (Protection) Act, Rules and the Schedule therein are ultra vires
under Articles 14 & 25, is wholly misconceived as it had not resulted any discrimination and so
far as Sound Pollution is concerned, citizens have a right to be protected against excessive sound
under Article 19(1)(a) of the Constitution.

19
AIR 2006 SC 348

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 CHAPTER-6

CONCLUSION

In the light of Judicial pronouncements and Judicial Precedents discussed above, I came to the
conclusion that Right to Sleep though not explicitly mentioned in the Constitution of India, but is
a part of Fundamental Right under Right to life under Article 21. Life is much more than
combination of body and Soul. It implicates the physical and mental conditions necessary to
keep body and Soul 10/12/2017 Print Article : Right to Sleep and it
http://www.legalservicesindia.com/article/print.php?art_id=1663 8/9 together. Right to life thus
includes all the conditions which are minimally essential for Human existence. Sleep, as
discussed above, is an essential ingredient to live a healthy and balanced life and therefore Right
to life impliedly included Right to Sleep. Thus an inference can be drawn that Constitutional
protections present for infringement of Right to life can be taken up in case of deprivation of
Right to Sleep. No Doubt every right is not an absolute Right and is subjected to reasonable
restriction, but no person can enjoy his right at the cost of another. Nor such overriding rights
can be imposed on others. Right to Life is in no way in contradiction to Right o Freedom of
Speech and Expression and Right to Freedom of Trade but is subject to reasonable restriction.
Pollution is due to excessive sound is dangerous both for mental and physical health; it poses a
threat for living organisms to exist on Earth. While the government and the courts of various
countries are taking several measures to reduce the intensity of noise pollution, it calls for
collective efforts and resolve on the part of mankind. If people themselves promote sound
pollution, they will not be in a position to motivate others to use minimal sound. Let us fulfil our
duties towards the Planet Earth by contributing towards environmental protection.Moreover,
there is a need for greater awareness on this issue as only 5 to 10 percent of the people affected
by noise formally file a complaint. Many people are not aware of the information about their
legal rights under the environmental laws in force in various countries. Clearly, there is a need to
change things at the ground level to tackle the global menace of noise pollution.

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BIBLIOGRAPHY

1. Pollution: Causes, Effects, and Control by Roy Harrison (editor). Royal

Society of Chemistry, 2001. Comprehensive (579-page) introduction to all
forms of pollution.
2. An Introduction to Pollution Science by Roy Harrison (editor). Royal

Society of Chemistry, 2006. Another good introductory text covering all

types of pollution.
3. Managing Environmental Pollution by Andrew Farmer. Routledge, 1997.
More emphasis on "pollution solutions" in this book.
4. Environmental Law in India by P.Leela Krishnan,Fourth edition,Lexis
Nexis.

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