Noise is unwanted sound, while music is enjoyable sound. However, what some consider music may be perceived as noise by others. Noise is defined as unpleasant sound lacking musical qualities that causes discomfort and irritation. It consists of loud, non-harmonious sounds or vibrations that are bothersome to the ear.
In our country, cities measure noise levels in decibels in their noisiest areas. For example, Delhi has a measurement of 80 db, Kolkata at 87 db, Bombay at 85 db, and Chennai at 89 db. Noise pollution is a result of industrialization, urbanization and modern civilization.
Noise pollution comes from two main sources: industrial and non-industrial. Industrial sources include noise from industries and high-speed machines. Non-industrial sources consist of noise from transportation/vehicular traffic and nearby neighborhoods. Additionally, noise pollution can be categorized into natural and manmade types.
Most leading noise sources can be grouped into the following categories: roads traffic, aircraft, railroads, construction, industry, noise in buildings, and consumer products. Additionally, Cr. P. C. Section 133 holds significant importance in this matter. Crpc. Section 133 grants the magisterial court the power to issue orders for the removal or reduction of nuisance caused by noise pollution. This section empowers an executive magistrate to intervene and eliminate a public nuisance initially through a conditional order and subsequently through a permanent order.
The provision can be used in cases of environmental nuisance to prevent potential harm or injury to the public. The magistrate has the power to instruct individuals to refrain from specific actions to protect human life, health, or safety. Chapter IV of the Indian Penal Code (I.P.C.) covers offenses related to public health, safety, decency, and morals. This chapter includes Sections 268-269, 270-270A-D, 279-280B-IKJLNOQVWXYd-hklmqs-vzABCEFGHPRSTUZabcefjoprx-z{2}-z{4}, as well as Section 294. Offenders of noise pollution can face punishment under this section.
Private remedies suits in the area may be related to public nuisance under A299. This article covers punishment in case of Public nuisance law of torts. A person is guilty of public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger, or annoyance to the public or 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. A common nuisance is not excused on the ground that it causes some convenience or advantage.
Whoever commits a public nuisance in any case not otherwise punishable by this code shall be fined up to Rs. 200.
(d) Law of Torts Noise pollution is considered a civil wrong: Under the law of torts, a civil suit can be filed to claim damages for the nuisance. To file a suit under the law of torts, the plaintiff must comply with certain requirements of the tort of nuisance, which include:
1. Reasonable interference must occur.
2. Interference should interfere with the use and enjoyment of land.
3. Actual damage must be proven in an action for nuisance.
Generally, the presence or absence of malice does not usually matter, but there have been exceptions to this rule. In the case of Raghunandan Prasad5, a factory’s noisy engine caused a significant disturbance to the people living nearby. As a result, it was prohibited from operating between 9 PM and 5 AM. Similarly, in the case of Mauj Raghu6, a rice mill operating at night during specific seasons would still be considered a nuisance to the local residents, thus entitling them to relief under this section.
The appellant in the case of Ram Avtar7 conducted an auctioning trade of vegetables in a private house. The noise generated by the auctioning caused inconvenience to residents in the community. An order was issued to prohibit the auctioning of vegetables in their house. The Supreme Court ruled that the order was unjustified solely based on the fact that the applicant conducted auctioning, which involved bringing carts that were not the direct cause of the problem. Section 133 was determined to not be intended to restrict such trades simply due to the discomfort caused by noise. In Re: Noise.
Pollution11 The Supreme Court made several crucial observations regarding noise pollution, which are outlined below:- The case was filed by Anil Mittal, an engineer, and the immediate impetus for the lawsuit was a 13-year-old girl who was raped. Mittal’s cries for help went unnoticed due to the excessive noise produced by loudspeakers playing music in the neighborhood. The petitioner’s complaint was directed at the noise generated by loudspeakers used during religious performances, bhajans, and similar events, as well as in busy commercial areas where high-fidelity audio systems were employed.
There are regulations set by the government regarding noise pollution, known as Noise Pollution Control and Regulation Rules, 1999. On 11-10-2002, the government made an amendment to these rules. The amendment gave the state government the authority to grant permission for the use of loudspeakers or public address systems during late hours, specifically between 10 pm and 12 pm midnight, for cultural or religious events, but only for a maximum of 15 days. The Supreme Court concluded in this case that the Right to life, as stated in Article 21, encompasses more than just mere survival or existence.
The right to a life with human dignity is safeguarded, encompassing all aspects of a meaningful and satisfying existence. Everyone desiring peaceful and comfortable living in their own residence has the entitlement to prevent noise pollution from impacting them. No one is allowed to produce noise that surpasses their property limits and inconveniences neighbors or others, even within their own premises. Lately, there has been a growing focus on environmental quality.
Noise pollution, along with air and water pollutants, is now recognized as a significant form of pollution. The impacts of noise have become more apparent as noise levels rise. Noise is defined as “unwanted sound” and has adverse effects on individuals and the environment. It can cause hearing damage, disrupt daily activities at home and work, and pose health risks. Studies show that over forty percent of Americans are affected by noise pollution in their homes or experience sleep disturbances due to it.
Causes of noise pollution encompass various sources such as traffic, aircraft, rock bands, barking dogs, amplified music, television, garbage trucks, noise from neighbors, voices, alarms, and watercrafts. The need for quiet is prevalent during activities like thinking, talking, listening to music, or sleeping. Even low levels of noise can cause annoyance or frustration. Sudden increases in volume can make sounds particularly bothersome, which explains the intrusive nature of sirens. The more silent the background, the more deeply a noise can penetrate.
