âLaw Masterâs Publicationâ
âNoise Pollutionâ
Prof. Santosh D. Bhosale 49
(..7..)
NOISE POLLUTION
QUESTION BANK
Q.1. Define âNoise Pollutionâ. What are the various laws available to control noise
Pollution.
Q.2. What is meant by âNoise Pollutionâ? Explain permissible and impermissible
noise.
Q.3. What are the various laws available to control nose pollution?
SHORT NOTES
1.
Noise pollution
SYNOPSIS
Table of Contents
I] DEFINITION OF âNOISEâ:- .................................................................................................... 50
1) Encyclopaedia Britannica defines ânoiseâ as âany undesirable soundâ................................. 50
2) According to the Law Lexicon, ânoise is a loud, confused or senseless.............................. 50
3) According to the Wilson Committee- defines ânoiseâ as âsound which is undesired........... 50
III] CAUSES OF NOISE POLLUTION:-.................................................................................... 51
2) Man-Made Noise Pollution:-................................................................................................ 51
1) On Hearing:-......................................................................................................................... 52
3) On Communication:-............................................................................................................ 52
âLaw Masterâs Publicationâ
âNoise Pollutionâ
Prof. Santosh D. Bhosale 50
Environmental pollutants means the excessive presence of solid, gaseous, liquid. and noise
in the atmosphere in such concentration as may be injurious to living and non- living things.
Noise is a pollutant that harms not only humans but also animals, birds, plants, and non-
living things. Day by day problems due to noise are increasing.
I]
DEFINITION OF âNOISEâ:-
The noise may be defined as âexcessive, offensive, persistent or startling sound.â.
Encyclopaedia Britannica defines ânoiseâ as âany undesirable soundâ.
According to the Law Lexicon, ânoise is a loud, confused or senseless
sound, which is capable of causing physical and mental discomfortâ.
1)
2)
3)
undesired
by the recipientâ.
In other words, when the effect of âsoundâ is undesirable, it is termed ânoiseâ.
Sometimes, sound may be pleasant. to one person but not to another. Thus, the bell
of the church may be pleasant for some persons but may be noise for others or ill
person
II]
PERMISSIBLE AND NON-PERMISSIBLE LIMITS OF SOUND:-
The Noise Pollution (Regulation and Control) Rules 2000 was made by the Central
Government to regulate and control noise-producing and generating sources. S.3 of the
Rules prescribes that the ambient air quality standards concerning noise for different
areas/zones shall be as specified in the Schedule annexed to these rules.
The section casts a duty on State Governments to categorise the areas into
industrial, commercial, residential or silent zones for the purpose of implementing the noise
1 The Wilson Committee of Britain on the problem of noise in its report defines noise.
âLaw Masterâs Publicationâ
âNoise Pollutionâ
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standards for different areas. The Schedule attached to the Rules lays down ambient Air
Quality Standards in respect of noise as follows:-
Area
Code
Category of Area
/ Zone
Day Time
Night Time
A
B
Industrial area
Commercial area
Residential area
Silence Zone
75
65
55
50
70
55
45
40
C
D
Note:-
1) Daytime 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.
Noise is measured in decibels (dB). The softest sound that can be heard by human
ears is called dB (i.e. 0 decibels). Each tenfold increase in sound intensity is
represented by an additional 10 dB.
Complaint can be filed for any increase in the above limit.
CAUSES OF NOISE POLLUTION:-
III]
1)
Causes of noise pollution may be divided into two categories, viz.
Natural Noise Pollution:-
In this category of noise pollution comes the pollution caused by air, seas,
volcanoes, rivers and voices of living organs.
2)
a)
b)
Man-Made Noise Pollution:-
In this category of noise pollution comes the noise created by man. In it, broadly,
there are the following three categories viz.
Industrial Noise:-
Industrial noise pollution is noise pollution produced due to industrial activities
In modern times, there is enormous industrialisation. It causes huge noise pollution
Urban Noise Pollution.:-
2 dB (A) Leq, denotes the frequency weighing in the measurement of noise and corresponds to frequency
response
characteristics of the human ear. âLeqâ:- It is the energy mean of the noise level over a specified period.
âLaw Masterâs Publicationâ
âNoise Pollutionâ
Prof. Santosh D. Bhosale 52
The noise pollution created by automobiles, cultural programmes, festivals,
advertisements and loudspeakers are the most significant sources of urban noise
pollution.
3)
Rural Noise Pollution:-
In rural areas also, there is noise pollution by way of pump sets, flour mills,
religious and social gatherings, etc
IV]
EFFECT OF NOISE POLLUTION:-
Noise pollution is a serious threat to the quality of our environment. Excessive
sound affects people adversely in the following ways-
On Hearing:-
1)
2)
Continuous exposure to much higher noise levels creates hearing problems.
On Mental and Physical Health:-
Continuous noise disturbs people mentally and physically. It sometimes causes
psychological effects.
3)
On Communication:-
Noise disturbs communication. It disturbs both telephone and direct
communication. Moreover, it disturbs programmes being watched on TV.
NOISE POLLUTION CONTROL MEASURES:-
Many efforts are made at the international and national levels to control noise
V]
pollution. We will discuss some of them.
A)
International Noise Control Measures:-
The Chicago Convention of 1944 set the International Civil Aviation Organization
to control noise created specifically by aircraft.
The European Community also set noise standards in 1977. It has set standards for
motor vehicles, motorcycles, tractors, construction plants, aircraft and household
appliances. Several developed countries, such as England, America, etc., have passed
several laws to control noise pollution.
B)
Indian Noise Control Measures:-
In India, much attention is also paid to controlling noise pollution. We will find
many provisions for the control of noise pollution in India. We will discuss them as
follows-
1)
Constitution of India:-
The Constitution of India enshrines several provisions for the protection of the
environment (discussed already).
2)
Indian Penal Code:-
S.268 of the I.P.C prohibits causing a public nuisance by any means, including
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âNoise Pollutionâ
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noise. S.290 prescribes punishment for causing a public nuisance. It lays down that
whoever commits a public nuisance in any case not otherwise punishable by this Code shall
be punished with a fine which may extend to two hundred rupees. Thus, causing noise
pollution is punishable in this way. However, the punishment seems meagre nowadays.
3)
Provisions under Cr. P.C:-
Under S.133 of the Criminal Procedure Code 1973, substantial provision for
abatement of a nuisance is made. The section empowers the Magistrate to make a
conditional order requiring the person causing a nuisance to remove such nuisance.
4)
Provisions under Railways Act, Factories Act, M.V Act and Aircraft Act:-
The Railways Act, Motor Vehicles Act, Factories Act, and Aircraft Act contain
provisions dealing with noise pollution. These Acts prescribe standards for different parts
of the vehicle, like horns, to keep noise levels within the limit.
5)
The Environment (Protection) Act. 1986:-
The Environment (Protection) Act is a major legislation that protects the human
environment. The Act was passed to effect the decisions taken at the United Nations
Conference in Stockholm in June 1972. Thus, the Act is passed to implement international
environmental protection standards.
6)
Noise Pollution (Regulation and Control) Rules 2000:-
The Central Government, in the exercise of the powers conferred on it under the
Environment (Protection) Act. of 1986, has made the above rules. The rules lay down
standards for the noise level in the air. It lays down the provisions for lodging complaints
and redressal for increased noise levels.
7)
Law of Torts:-
In tort, causing nuisance is actionable. Thus, one can take action if noise is causing
a nuisance.
8) Judicial Approach:-
The judicial role in controlling noise pollution is remarkable. In several of its
decisions and writs, different High Courts and the Supreme Court have endeavoured to
control noise pollution.
The Supreme Court ordered to stop mining operations in the Faridabad district
within a radius of five kilometres from the tourist resorts. It has also directed the
development of a green belt around mining operations to control noise and vibration
3 (1996) 8 SCC 462
âLaw Masterâs Publicationâ
âNoise Pollutionâ
Prof. Santosh D. Bhosale 54
pollution.
Madhya Pradesh High Court ordered the closure of the floor mill situated in the
The Karnataka High Court observed that noise pollution from industries is a health
hazard.
Similarly, prayers and azan through loudspeakers, the constant ringing of bells in
*****
4 Air 1959 M.P. 240
5 AIR 1992 Kant. 57
6 Maulana Mufti Syed Md. Noorur Rehman Barkati v. State of W.B (AIR 1999 Cal. 15), Church of God
(Full Gospel Colony) in India v. K.K.R. Majestic Welfare Association (2000) SCC 282.