INTRODUCTION

We do not inherit our environment from our forefathers,

we borrow it from our future generation.

Abstract: No one on earth can escape the sounds of noise- an unwanted, disturbing sound that
causes a nuisance in the eye of the beholder. Noise is a disturbance to the human environment
that is escalating at such a high rate that it will become a major threat to the quality of human
lives. In the past thirty years, noise in all areas, especially in urban areas, have been increasing
rapidly. There are numerous effects on the human environment due to the increase in noise
pollution. In the following paper, the cause and effects of noise pollution will be presented in
some detail. Slowly, insensibly, we seem to accept noise and the physiological and psychological
deterioration that accompanies it as an inevitable part of our lives. Although we attempt to set
standards for some of the most major sources of noise, we often are unable to monitor them.
Major sources of noise can be airplanes at takeoff and landing, and a truck just off the assembly
sline, yet we seem accept and enjoy countless other sounds, from hard rock music to loud Harley
Davidson motor cycles. The following areas will be investigated in some detail; adolescent
education, neural-effects, sleep, hearing damage, occupational environment, transportation, and
physiological effects.

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.

1
 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.

RESEARCH METHODOLOGY

Method is the way of doing something; methodology is the science or study of particular subject.
The method by which the research is done is called research method, and the philosophy behind
that practical method is called research methodology. Research methodology is thus broader as it
is study of practical method. It answers why and how by which researchers go about their
work of describing, explaining and predicting phenomena.

STATEMENT OF PROBLEM

There are number of laws provided related to noise pollution, noise pollution has been
regarded as one of the most devastating factors which degrades the environment in todays world
then why this problem still prevails?

The implementation of the statutory provisions regarding noise pollution has significant
consequences, only when implemented properly.

RATIONALE

In this article the author focuses on the various ways which causes noise pollution
together with laws that have contributed towards the evolution of the concept noise pollution,

2
how did it became a problem for environment. Moreover, the author has identified the challenges
that need to be countered to make the laws effective.

Nevertheless, if noise pollution can be reduced it will have set the stage for e
environmental management; an improvement in environmental quality would prevail.

OBJECTIVES

The paper has been designed to fulfill following objectives, which could contribute and
facilitate to enhance the understanding noise pollution:-
1. To define and understand the term Noise Pollution.
2. To study the various provisions laid down regarding noise pollution in India.

REVIEW OF LITERATURE
Environment law in India by P. leelakrishnan
Environmental Law in India, 4e is specially designed for students pursuing law in different
education institutes including national law schools. With its comprehensive and exhaustive
coverage on this area of law, it is expected to also serve as a useful reference for practicing
lawyers, social activists, researchers and students working in various fields, such as, human
rights, as also the students of law and environment.
Environmental Noise Pollution: Noise Mapping, Public Health, and Policy by Agarwal
This book offers an introduction to the concept of environmental noise pollution. In doing so, it
provides the contextual background for understanding concerns around environmental noise
pollution

Noise Pollution and Control Strategy by S. P. Singal

This book discusses the basics of acoustic propagation, reviews the problem of noise generation
over all national and international situations and gives various techniques available for noise
measurements and assessment.

Environmental law by Justice T.S. Doabia.

Vinod Rege, GATT Law and Environment Related Issues Affecting the Trade of
Developing Countries

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 Attilio Bissio and Sharon Boots (Ed.), The Wiley Encyclopedia of Energy and the
Environment.

CONCEPT AND VARIABLES

Pollution - The act or process of polluting or the state of being polluted, especially the
contamination of soil, water, or the atmosphere by the discharge of harmful substances.
Pollutant - Something that pollutes; a pollutant or a group of pollutants
Principle - A basic truth, law, or assumption: the principles of democracy.
Pay - To bear (a cost or penalty, for example) in recompense
Noise when sound becomes annoying.

HYPOYTHESIS:-

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.

RESEARCH DESIGN

This section of the project represents the research design , instruments, procedures and the
statistical methods.

This study utilized analytical method of research which falls under the types of research, where I
as researcher have used facts and information already available and analyzed these to make a
critical evaluation of the data available regarding noise pollution in India.

Additionally the research work determines the causes of noise pollution in India, and its effects
and impact on the whole environment and on human health and how can it be controlled by the
legal provisions and the judicial review to attain a sustainable and pollution free environment.

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NATURE OF STUDY AND TYPE OF STUDY

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.

METHOD OF DATA COLLECTION

Most of the data is collected through electronic media along with traditional method (library
method) thus with the doctrinal method has been chosen by the researcher method of data
collection.

CHAPTERISATION

Chapter 1: Deals with the introduction part, research methodology and research design

Chapter 2: Deals with introduction to noise pollution, sources, measurement of noise pollution its
effects and impact on environment.

Chapter 3: Deals with all the statutory provisions for prevention noise pollution in India

Chapter 4: Deals with Judicial Pronouncements in Noise Pollution, Studies in India and Controls
and suggestions for prevention of noise pollution.

Chapter 5: Deals with conclusion of the research paper.

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LIMITATION:

This project work is limited to legal control of noise pollution only in india it dose not deal
specifically with the whole globalized world. It only gives a view about the cause, effects, and
legal provisions of noise pollution in India.

CONTRIBUTION

In the field of research related to legal control of noise pollution in India this project has
contributed in bringing about the clarity in the meaning, causes, effects, legal controls and
statutory provisions for noise pollution which can lead to a pollution free environment.

TIME LIMIT

Author started this project on 25th day of august 2016 and the completion of project took place
on 28th day of September 2016.

The researcher for the first week collected the datas from all the different sources, in
continuation in the second week the researcher dealt in evolving and understanding the evolution
and concepts thereby. Further in the third week the researcher has dealt in the formation of
chapterisation vide analyzing the issues and problems in detail. Consequently in the fourth week
the researcher took 5 days for writing conclusion and suggestion and thereby took 2 days for
compilation and binding.

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 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.

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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 Noise-

In 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 Noise-

Now-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 the-
earth aircraft operations over national parks, wilderness areas , and other areas previously
unaffected by aircraft noise has claimed national attention over recent years.

Noise from railroads-

The 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

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 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 Noise-
The 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 Industry-
Although 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 building-
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 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 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.

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Measurement of Noise Pollution

To measure noise, the average pressure level of the sound is measured for a particular amount of
time by a weighting scale. It also finds out the response of the auditory system. The noise is
measured as decibels. The gadgets used to measure noise are noise level meter, noise dosimeter
and impulse-sound level meter. Noise dosimeter can be worn by the person and works better than
noise level meter1

Effects of Noise Pollution

Noise is generally harmful and a serious health hazard. It has far-reaching consequences and has
many physical, physiological as well as psychological effects on human beings.

(i) Physical Effects:2 Regular exposure to noise raptures healthy body.

1. Hearing Problems: The physical manifestation of noise pollution is the effect on hearing
ability. Repeated exposure to noise may result in temporary or permanent shifting of the
hearing threshold of a person depending upon the level and duration of exposure. The
immediate and acute effect of noise pollution is impairment of hearing (i.e. total
deafness.)

Any unwanted sound that our ears have not been built to filter can cause problems within the
body. Our ears can take in a certain range of sounds without getting damaged. Man made noises
such as jackhammers, horns, machinery, airplanes and even vehicles can be too loud for our
hearing range. Constant exposure to loud levels of noise can easily result in the damage of our
ear drums and loss of hearing. It also reduces our sensitivity to sounds that our ears pick up
unconsciously to regulate our bodys rhythm.

4. Cardiovascular Issues: Blood pressure levels, cardio-vascular disease and stress related heart
problems are on the rise. Studies suggest that high intensity noise causes high blood pressure and

1
Available at; http://www.legalserviceindia.com/articles/noip.htm.
2
Available at http://www.symptomfind.com/health/causes-of-noise-pollution-and-its-effects-on-health/..

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increases heart beat rate as it disrupts the normal blood flow. Bringing them to a manageable
level depends on our understanding noise pollution and how we tackle it.

ii) Physiological Effects:

The physiological manifestations of noise pollution are several as mentioned below:
(a) Headache by dilating blood vessels of the brain.

(b) Increase in the rate of heart-beat.

(c) Narrowing of arteries.

(d) Fluctuations in the arterial blood pressure by increasing the level of cholesterol in the blood.

(e) Decrease in heart output.

(f) Pain in the heart.

(g) Digestive spasms through anxiety and dilation of the pupil of the eye, thereby causing eye-
strain.

(h) Impairment of night vision.

(i) Decrease in the rate of colour perception.

(j) Lowering of concentration and affect on memory,

(k) Muscular strain and nervous breakdown.

(l) Psychological Effect

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2. Health Issues: Excessive noise pollution in working areas such as offices, construction sites,
bars and even in our homes can influence psychological health. Studies show that the occurrence
of aggressive behavior, disturbance of sleep, constant stress, fatigue and hypertension can be
linked to excessive noise levels. These in turn can cause more severe and chronic health issues
later in life.

3. Sleeping Disorders: Loud noise can certainly hamper your sleeping pattern and may lead to
irritation and uncomfortable situations. Without a good night sleep, it may lead to problems
related to fatigue and your performance may go down in office as well as at home. It is therefore
recommended to take a sound sleep to give your body proper rest.

5. Trouble Communicating: High decibel noise can put trouble and may not allow two people
to communicate freely. This may lead to misunderstanding and you may get difficult
understanding the other person. Constant sharp noise can give you severe headache and disturb
your emotional balance.

The psychological manifestations of noise pollution are:3

(a) Depression and fatigue which considerably reduces the efficiency of a person.

(b) Insomnia as a result of lack of undisturbed and refreshing sleep

(c) Straining of senses and annoyance as a result of slow but persistent noise from motorcycles,
alarm clocks, call bells, telephone rings etc.

(d) Affecting of psychomotor performance of a person by a sudden loud sound

(e) Emotional disturbance

For a talkative person, the most important effect of noise pollution would invariably be that noise
interferes with our conservation. So, noise is annoying and the annoyance depends on many

3
Available at; http://www.symptomfind.com/health/causes-of-noise-pollution-and-its-effects-on-health/.

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factors not merely the intensity of the sound but also repetition, because even a sound of small
intensity (e.g. dripping tap or clicking of clock) may become annoying, simply by repetition.

Some of the well- known effects of noise on human beings and the relation of noise pollution
level and its harmful effects specially on human beings are shown in Table 1.1 and 1.2 .

Table 1.24

4
Available at: http://www.indiaonline.in/about/Profile/Geography/EnvironmentalConcerns/Noise-Pollution.html.

13
 Table 1.35

6. Effect on Wildlife6: Wildlife faces far more problems than humans because noise pollution
since they are more dependent on sound. Animals develop a better sense of hearing than us since
their survival depends on it. The ill effects of excessive noise begin at home. Pets react more
aggressively in households where there is constant noise.

They become disoriented more easily and face many behavioral problems. In nature, animals
may suffer from hearing loss, which makes them easy pray and leads to dwindling populations.
Others become inefficient at hunting, disturbing the balance of the eco-system.

5
Available at: http://www.yourarticlelibrary.com/speech/noise-pollution-definition-sources-and-effects-of-noise-
pollution/28295/.
6
Available at; http://www.conserve-energy-future.com/causes-and-effects-of-noise-pollution.php.

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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 NO2 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.

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

15
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

18
action under the penal code is a poor remedy as it is nominally penetrative rather than preventive
or compensatory.

THE NOISE POLLUTION (REGULATION AND CONTROL) RULES, 20007

The Noise Pollution (Regulation and Control) Rules, 2000

1. Short-title and commencement.-

(1) These rules may be called the Noise Pollution (Regulation and Control) Rules, 2000.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Definitions- In these rules, unless the context otherwise requires,-

(a) Act means the Environment (Protection) Act, 1986 (29 of 1986);

(b) area / zone means all areas which fall in either of the four categories given in the Schedule
annexed to these rules;

(c) authority means and includes any authority or officer authorized by the Central
Government, or as the case may be, the State Government in accordance with the laws in force
and includes a District Magistrate, Police Commissioner, or any other officer not below the rank
of the Deputy Superintendent of Police designated for the maintenance of the ambient air quality
standards in respect of noise under any law for the time being in force;

(d) court means a governmental body consisting of one or more judges who sit to adjudicate
disputes and administer justice and includes any court of law presided over by a judge, judges or
a magistrate and acting as a tribunal in civil, taxation and criminal cases;

(e) educational institution means a school, seminary, college, university, professional

academies, training institutes or other educational establishment, not necessarily a chartered
institution and includes not only buildings, but also all grounds necessary for the

7
Available at; http://cpcbenvis.nic.in/noisepollution/noise_rules_2000.pdf.

19
accomplishment of the full scope of educational instruction, including those things essential to
mental, moral and physical development;

(f) hospital means an institution for the reception and care of sick, wounded, infirm or aged
persons, and includes government or private hospitals, nursing homes and clinics;

(g) person shall include any company or association or body of individuals, whether
incorporated or not;

(h) State Government in relation to a Union territory means the Administrator thereof
appointed under article 239 of the Constitution.

(i) public place means any place to which the public have access, whether as of right or not,
and includes auditorium, hotels, public waiting rooms, convention centers, public offices,
shopping malls, cinema halls, educational institutions, libraries, open grounds and the like which
are visited by general public; and

(j) night time means the period between 10.00 p.m. and 6.00 a.m. 3. Ambient air quality
standards in respect of noise for different areas/zones.-

(1) 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 Government shall 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 movements, blowing of horns, bursting of sound emitting firecrackers, use of
loud speakers or public address system and sound producing instruments and ensure that the
existing noise levels do not exceed the ambient air quality standards specified under these rules.

(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.

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(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. 4. Responsibility as
to enforcement of noise pollution control measures.-

(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.

(3) The respective State Pollution Control Boards or Pollution Control Committees in
consultation with the Central Pollution Control Board shall collect, compile and publish
technical and statistical data relating to noise pollution and measures devised for its effective
prevention, control and abatement.

5. Restrictions on the use of loud speakers / public address system and sound producing
instruments.-

(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 or any sound producing instrument or a musical
instrument or a sound amplifier shall not be used at night time except in closed premises for
communication within, like auditoria, conference rooms, community halls, banquet halls or
during a public emergency.

(3) Notwithstanding any thing contained in sub-rule (2), the State Government may subject to
such terms and conditions as are necessary to reduce noise pollution, permit use of loud speakers
or public address system and the like during night hours (between 10.00 p.m. to 12.00 midnight)
on or during any cultural or religious festive occasion of a limited duration not exceeding fifteen
days in all during a calendar year. The concerned State Government shall generally specify in
advance, the number and particulars of the days on which such exemption would be operative.

(4) The 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

21
noise standards for the area or 75 dB (A) whichever is lower; (5) The peripheral noise level of a
privately owned sound system or a sound producing instrument shall not, at the boundary of the
private place, exceed by more than 5 dB (A) the ambient noise standards specified for the area in
which it is used.

5A. Restrictions on the use of horns, sound emitting construction equipments and bursting of
fire crackers:-

(1) No horn shall be used in silence zones or during night time in residential areas except during
a public emergency.

(2) Sound emitting fire crackers shall not be burst in silence zone or during night time.

(3) Sound emitting construction equipments shall not be used or operated during night time in
residential areas and silence zones.

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:- (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 attract crowds. (iv) whoever, bursts sound emitting fire crackers; or (v) whoever,
uses a loud speaker or a public address system.

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 or, if there is a violation of any provision of these rules regarding restrictions imposed
during night time, 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 prohibit 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 including from the complainant that it is necessary to do so in order

22
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, horn, construction equipment,
appliance or apparatus or contrivance which is capable of producing or re-producing sound, or

(iii) sound caused by bursting of sound emitting fire crackers, or, (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 and to the original
complainant, as the case may be, 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.

23
The permissible noise level is shown in table 1.4.

Table 1.48

Area Noise Limits, Leq, dB(A)

Day Time9 Night Time10

Silence zone11 50 45

Residential area 55 45

Commercial area 65 55

Industrial area 75 65

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

8
Available at : : http://www.yourarticlelibrary.com/speech/noise-pollution-definition-sources-and-effects-of-noise-
pollution/28295/.
9
Day time from (600 hrs to 2100 hrs, IST)
10
Night time from (2100 hrs TO 600 hrs IST)
11
Silence zone: up to 100m around hospital, education institutions and courts. The zones are to be declared by
competent authority. Use of vehicles horns, loud speakers and bursting of crackers should be banned in these zones

24
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
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.

25
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.

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

26
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.

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.

27
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
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.

28
 JUDICIAL PRONOUNCEMENTS IN NOISE POLLUTION

In Raghunandan Prasad12 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 Manji Raghu 13 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 Avtar14 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 Singh15 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.

Cases on loudspeakers

In Rajni kant v state16 the Allahabad high court recognized the power of local authority to
regulate public nuisance created by the use of loudspeakers.

12 ( 1931) 53 ALL 706.

13 ( 1964) 2 CrLJ 94.
14 ( 1963) SSCR 9 AIR 1962 SC 1794.
15 Himmat Singh v. Bhagwan Ram (1988 CrLJ 614 Rajasthan.
16
AIR 1958 All 36.

29
 In Om Birangana Religious Society v the state 17 the culcutta high court said that the
citizen should not be coerced to hear anything which he does not like or which he does not
require.

In Sayeed Maqsood Ali v State18 of Madhya Pradesh the Madhya Pradesh high court
directed the respondent not to let out their premises without permission to use loud speaker. The
case laid emphasis on different agencies with warning silence brings bliss, noise invite chaos.

In Forum, Prevention of Environment and Sound Pollution v Union of India19 the apex
court considered diversity of cultures and religions in India and justified the exceptions with
conditions the the power of the exception be used by the state government.

Some other important cases:

In Govind singh20 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 21 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.

17
100CWN 627.
18
AIR 2001 MP 220, pp 225, 226. The petitioner was a cardiac patient who had undergone a coronary artery by-
pass surgery. From community hall in a locality highly pitched music use to come out from loud speaker causing
disturbance to the petitioner and other residents in the area.
19
AIR 2006 SC 348, pp 350, 351.
20 Govind singh v. Shanti Swaroop AIR 1979 SC 143.
21
AIR 1999 CAL 15

30
 The Supreme court in Church of God (Full Gospel) in India v KKRMC Welfare
Association 22 held that the directions of the high court to bring down the noise level were
perfectly legal. The court went on to observe that in a civilized society every person is entitled to
enjoy his natura right to quietness without being interfered by noise pollution.

Studies on Noise Pollution in India23

It is already proven that the cities with medium as well as small scale industries, with bigger
commercial zones as compared to other cities have higher implications of noise pollution. A
study was conducted by International Research Journal of Environmental Sciences, on the levels
of noise pollution in various zones like commercial zone, silence zone and residential zones, of
Morena districts in Madhya Pradesh. It was found that too much honking of horn, the heavy
sounds created by the under-maintained vehicles were the major causes of noise pollution. Along
with this, the encroachments and poor conditions of roads to added to the overall mess as they
lead to traffic jams, thus causing more noise pollution. Well, this is the situation in a district;
imagine the condition in other big cities whether the commercial zones are wider, and so are
vehicles and encroachments on roads. So it becomes extremely inevitable for the authorities to
take quick necessary steps to combat this situation or else things will go beyond
control. (Source: isca.in)

Many other studies related to noise pollution, have been conducted in many other parts of the
country. It is observed that the major contributor to this menace is motor transport. In Balasore, it
was found that the noise created by the traffic was way more than the permissible range 70dBA.
On finding out the noise created by individual vehicles, it was found that all of them created
noise more than the allowed range.
A study conducted to measure the levels of noise in four different zones by the Central Pollution
Control Board revealed that the highest noise levels during the day were recorded from silence
zones including educational places, hospitals, religious spots whereas the lowest was recorded in

22
AIR 2000 SC 2773.
23
Available at: http://www.indiaonline.in/about/Profile/Geography/EnvironmentalConcerns/Noise-Pollution.html.

31
residential areas. During the night, the highest pollution levels were found to be in intersecting
areas and the lowest was in all the industrial areas.

Among the factors responsible for increase in noise levels are the ever-increasing population that
calls for increase in the transportation demand thereby leasing to increase in the use of vehicles
and finally resulting to traffic congestion on the roads. Due to traffic congestion, the vehicles
emit more pollutants including the noise to the air. For people living in high noise areas, being
subjected to such noises at constant level, it is very likely for them to get caught in serious health
risks including hearing impairment.

Another study was conducted to learn about the noise levels during Diwali festival. It was found
that the pollution levels rose to 80 dBA, which is 2 times more than the levels during normal
days 57-69 dBA.

As per the study conducted on noise levels due to Diwali firecrackers by Awaaz Foundation
along with the Maharashtra Pollution Control Board following four consecutive years 2008,
2010, 2012, 2013, the noise pollution reached to over 125dB.This is a saddening fact that this is
never mentioned on the packaging of these products. Even the authorities are made aware about
the situation yet they dont work on them.

A lot needs to be done to control this ever-growing menace in India. People need to be made
aware about the hard consequences of this major environmental concern which is often taken on
a lighter note, considering air and water pollution. Several NGOs have come forward to work in
this direction. They go places to educate people about the extent of possible harmful impact of
noise pollution. Noise pollution effects the overall ambiance of a place which does not remain
healthy due to excess of noise. The prolonged subjection to such an environment may cause
serious mental and physiological problems that once out of control may even be fatal for anyone.
Therefore, the issue ought to be given as much thought and consideration as that given to other
environment-related problems

32
Controls and suggestions

1. The first approach can be to reduce noise at source. Design and fabrication of silencing
devices and their use in aircraft engines, trucks, cars, motorcycles, industrial machines
and home appliances would be an effective measure. Protection to workers can be
provided through wearing devices such as earplugs and earmuffs.
2. Making a change in design and operation of machines, vibration control, sound proof
cabins and sound-absorbing materials can reduce it.
3. It can get reduced by prescribing noise limits for vehicular traffic, ban on honking of
horns in certain areas and planning main traffic arteries, industrial establishments,
amusement areas, residential colonies, creation of silent zones near schools and hospitals
and resigning of building to make them noise proof. Other measures can involve
reduction of traffic density in residential areas giving preferences to mass public transport
system.
4. Control of Indoor Noise. Where outdoor noise levels have been high, the following
methods can be applied for reducing their effect.

a. Locate in the building as far as possible from noise source. The noise level

drops about 6dB each time the distance is doubled.

b. Trees and shrubs may be planted in front of building to provide some

absorption for the sound.

c. Locate non-critical areas such as corridors kitchens, bathrooms, elevators

and service spaces in the noisy side and critical areas each as bedrooms and

living spaces on the quiet side.

d. Back to back bathrooms or toilets should be avoided unless they are effectively sound
isolated. Bathrooms, kitchen and laundry rooms should not be adjacent to the floor.

33
e. Bathroom walls, floor and ceiling should be sound insulated using construction of high
sound insulation glasses.
f. Noisy toilets, is bettered by quiet siphon jet type flush toilets should be installed to reduce
the noise from the source. Commode seats with double siphon system are now available
and may be adopted wherever possible.

1. Road Noise. Vegetation buffer zones must be created in different parts of the city. Efforts
should be made for roadside plantations.

2. Education. People can be educated through radio, TV, newsreels in cinema halls about
noise pollution. In the family, elders can teach children to keep the radio volume low, low
voice talking not to horn unnecessarily on the roads, avoid quarreling amongst each other
and so on. There should be complete ban of loudspeakers form 8 p.m. to 7 a.m.

3. Public Awakening and the Control. It is also important that public awakening is also very
essential for the control and prevention of the noise pollution. In India, most of the
persons lack any idea about the ways in which noise pollution could be controlled. Very
few scientist are aware of the problem and its control. Masses are still ignorant of the
grave effects of the noise pollution. In this regard television, radio, internet, and
newspapers should give a campaign for wide publicity.

It is also true that in the present set up of industrialization one should be able to face the
noise pollution to a certain extent. If somehow form a machinery noise producing gadget
has been taken out completely, in such cases noiseless machinery may become more
dangerous, then with noise creating gadget. Take the example of a locomotive engine.
Noise of a locomotive engine especially the noise of its whistle has been very useful in
keeping humans and animals away from the tracks. In such cases a limit of noise in terms
of decibels may be recommended.

34
The most important body of people who are or should be involved in noise control are the
manufactories of noise-producing devices, since in their hands lies the most effective way
of controlling noise at the source. However, we live in a society where even the most
enlightened manufacturers need an incentive to invest in the extensive research,
development, design and tooling that might be required to reduce noise emissions form
their products. Such incentives are provided, in essence, by legislation enforced either
centrally or locally. To appreciate the number of people and organizations involved in
legislation for noise control and with ways in which they influence this legislation require
a look at the history of governments concern with problem of noise.

35
 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.
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.
At last I would like to conclude that we know that certain environmental conditions like air,
water, and food are essential for mans survival. Apart from their availability their quantity and
quality must be assured according to mans natural and acquired capacity for sustenance progress
in industrialization has brought environmental hazards such as air, water and noise pollution. So
now it is the duty of government and people to make common efforts for preservation and
improvement of environment for benefit of all people and their prosperity.

Healthy mind grows in healthy environments.

Any disturbance in environment can delay mental development

36
 BIBLIOGRAPHY

BOOKS REFERED

. Shyam Divan, Armin Rosencranz, Environmental Law and Policy in India, Second
End. Oxford University Press (2004)
. P.B. Sahasranaman, Handbook Of Environmental Law, Oxford University Press.
. P. Leelakrishnan, Environmental Law In India, Second Reprint 2002, Butterworths
India.
. A.K. Tiwari, Environmental Laws In India: Contribution Of The Supreme Court, 2006,
Deep and Deep Publications.
. Mohammad Naseem, Environmental Law In India, 2011, Kluwer Law International.
. Aruna Venka, Environmental Law and Policy, 2011, PHI Learning Pvt. Ltd.
S.K.Agarwal Noise Pollution 2008edition
Dr. Nahar Singh Kambo Control of Noise Pollution 2nd revised edition, 1999
Lal, revised by Alpana Poddar Encyclopaedia on Environment Protection and Pollution
Laws (in 2 Vols.), 5th edition, reprint 2016
WEBSITES
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/

37