NOISE POLLUTION

● The word noise is derived from the Latin word ‘Nausea’, which means sickness in
which one feels the need to vomit.

● Noise is the unpleasant and undesirable sound which leads to discomfort in human
beings.

● The intensity of sound is measured in decibels (dB). The faintest sound that the
human ear can hear is 1 Db.

● Noise is a physical form of pollution and is not directly harmful to the life sup-porting
systems namely air, soil and water.
Its effects are more directly on the receiver i.e. man.

● Noise pollution is the result of modern industrialized urban life and due to over
population.

● Due to increasing noise around the civilizations, noise pollution has become a matter
of concern.

● Section 2 (a) of the Air (Prevention and Control of Pollution) Act, 1981 includes noise
in the definition of ‘air pollutant’.
Section 2(a) air pollution means any solid, liquid or gaseous substance including
noise present in the atmosphere such concentration as injurious to human beings or
other living creatures or plants or property or environment.

● A decibel is the standard for the measurement of noise.

The zero on a decibel scale is at the threshold of hearing the lowest sound pressure
that can be heard on the scale.
20 db is whisper, 40 db the noise in a quiet office, 60 db is normal conversation, 80
db is the level at which sound becomes physically painful.

Sources of Noise Pollution

Major causes / sources of noise pollution are:

(i) Industrial Sources:

Progress in technology (industrialization) has resulted in creating noise pollu-tion.
Textile mills, printing presses, engineering establishments and metal works etc. contribute
heavily towards noise pollution.

In industrial cities like Kolkata, Ludhiana, Kanpur etc., often the industrial zones are not
separated from the residential zones of the city especially in the case of small scale
industries.
These operate from workshops located on the ground floors of the residential areas and
cause annoyance, discomfort and irri-tation to the residents exposed to the noise that is
inevitably produced.

The situation is much better in modern planned cities like Chandigarh where the industrial
area is kept away from the residential areas and both are sepa-rated from each other.

(ii) Transport Vehicles:

Automobile revolution in urban centers has proved to be a big source of noise pollution.
Increasing traffic has given rise to traffic jams in congested areas where the repeated
hooting of horns by impatient drivers pierce the ears of all road users.
Noise from airplanes constitutes an increasing serious problem in big cities like Delhi &
Mumbai.
Airport situated in the vicinity of population centres and the air planes pass over residential
areas.
Heavy trucks, buses trains, jet-planes, motor-cycles, scooters, mopeds, jeeps—the list of
vehicles is endless but the outcome is same — noise pollution.

(iii) Household:
The household is a source of many indoor noises such as the banging of doors, noise of
playing children, crying of infants, moving of furniture, loud conversation of the inhabitants
etc.
Besides these are the entertainment equipment in the house, namely the radio, record-
players and television sets.
Domestic gadgets like the mixer-grinders, pressure cookers, coolers, air- conditioners,
exhaust fans, vacuum cleaners, sewing and washing machines are all indoor sources of
noise pollution.

(iv) Public Address System:

In India people need only the slightest of an excuse for using loud speakers. The reason
may be a religious function, birth, death, marriage, elections, dem-onstration, or just
commercial advertising.
Public system, therefore, contrib-utes in its own way majorly towards noise pollution.

(v) Agricultural Machines:

Tractors, thrashers, harvesters, tube wells, powered tillers etc. have all made agriculture
highly mechanical but at the same time highly noisy.
Noise level 90 dB to 98 dB due to running of farm machines have been recorded in the state
of Punjab.

(vi) Defence Equipment:

A lot of noise pollution is added to the atmosphere by artillery, tanks, launching of rockets,
explosions, exercising of military airplanes and shooting practices.
Screams of jet engines and sonic booms have a deafening impact on the ears and in
extreme cases have been known to shatter the window panes and old broken buildings.

(vii) Construction Activities:

Construction activities like mining, construction of bridges, dams, buildings,
stations, roads, flyovers take place in almost every part of the world.
These construction activities have to be continued to meet the demand of ever increasing
Population. It also creates noise pollution.

(viii) Fireworks:
Firework is a common thing during various fairs, festivals and cultural ceremonies. Apart
from air pollution, the intensity of their sound creates noise pollution.

(ix) Miscellaneous Sources:

The automobile repair shops, market places, schools, colleges, bus stands, and
railway stations etc. are other sources of noise pollution.

Effects of noise pollution

The effects of noise on human beings are as under:-

1) Auditory effects: It includes deafness or auditory fatigue.

● Deafness or impaired hearing:

Prolonged exposures to noise lead to gradual deterioration of internal ear and
subsequently hearing loss or deafness.
It may occur due to continuous exposure to noise level of more than 90 dB. It may
be temporary or permanent. Explosions or other high intensity sounds can also
cause immediate deafness by rupturing the ear drums or damaging the cochlea.
Many time hearing loss is attributed to occupation.

● Auditory fatigue:
It is defined as a temporary loss of hearing after exposure to sound. Continuous
humming sound such as whistling and buzzing in the ears.

2) Non auditory effects: These are:-

● Irritation and annoyance:

Noise, sometimes, leads to emotional disturbances and makes people loose
their temper. It can interfere with proper rest and sleep.
Annoyance seems to increase with the loudness of the sound.

● Work efficiency:
It has been observed that noise reduces the efficiency of work.

● Physiological effects:
It includes dilation of the pupils, paling of skin, tensing of voluntary muscles,
diminishing of gastric secretions, increase in blood pressure, nervousness, irritability
and anxieties.
It can adversely affect the development of unborn babies.
 ● Other health effects:
Noise is also associated with headache, giddiness, sweating, nausea, fatigue,
difficulty in breathing, disturbed sleep pattern, psychological stress.

● Trouble Communicating:
High decibel noise can put trouble and may not allow people to communicate freely.
Constant sharp noise can give you severe headache and disturb your emotional
balance.

● Effect on Animals:
Animals rely heavily on sounds to communicate, to find food, avoid predators etc.
Pets react more aggressively due to exposure to constant noise. They become
disoriented more easily and face many behavioral problems.
Overexposure to high intensity of noise affects the hearing ability of many
animals. This leads to reduction in survival and reproduction rates.
At an ecosystem level, noise pollution could lead to migration of animals. Their
migration can affect the crop production.

● Effect on non-living things:

The noise booms cause cracks in walls of buildings as well as in hills. Sonic boom
can break window panes and buildings.

Noise Pollution Control Measures

In Indian perspective there is no law to deal exclusively with the problem of noise pollution.
However, there are provisions in various legislations to abate and control noise pollution.

1. Constitution of India

● Article 21 of the Constitution of India enshrines the protection of life and

personal liberty. It declares that no person shall be deprived of his life or
personal liberty except according to the procedure established by law.
Indian Judiciary has expanded the scope of Article 21 and right to decent
and wholesome environment is treated as part of right to life guaranteed
under article 21 and the right to wholesome environment includes in it the
right to noise free environment.

● Article 39(e) which is the directive principle of State Policy directs the state
that health and strength of workers, men and women and tender aged
children are not abused and that the citizens are not forced by economic
necessity to enter any place unsuited to their age or strength.
 ● Article 48-A of the Constitution imposes duty on every citizen of India to
protect and improve the natural environment including forest,
lakes, rivers and wildlife and to have compassion for living creatures.
The citizens are duty bound to improve the environment and make it noise
free.

The mandate of the Constitution is clear that the state as well as the individual make all
efforts to make environment free of the noise pollution.

2. Criminal Law

● Provisions in section 269 to 294 of Indian penal code deal with the various
forms of nuisance.
But nuisance caused by noise is not specifically dealt within the Penal Code.
Section 290 of the code deals with punishment for those cases of nuisance
which have not been covered specifically under the provisions of the code. It
lays down that whoever commits a public nuisance in any case not otherwise
punishable by this code shall be punished with fine which may extend upto
200 rupees. Nuisance caused by noise pollution is covered by noise pollution
in section 290 of IPC.

● Section 133 of Criminal Procedure Code empowers the Executive Magistrate

to order the removal of nuisance including the nuisance caused by noise
pollution.

● In addition Railways Act, Motor Vehicles Act along with its rules, Factories
Act, Aircraft Act contain provisions dealing with the control of noise pollution.

3. Environment Protection Act 1986

● Environment protection Act 1986 was passed under article 253 of the Indian
Constitution in the wake of Bhopal gas tragedy.

● Section 6(2)(b) of the Act refers to noise pollution which lays down that
Central government may by notification in the official gazette make rules
prescribing the maximum allowable limits of concentration of various
environmental pollutants including noise for different areas.

● In this way, Environment protection Act also deals with the problem of noise
pollution.
 4. Noise Pollution (Regulation and Control) Rules 2000

● Central Government in exercise of powers conferred on it under Environment

protection Act 1986 has made Noise Pollution Regulation and Control Rules
2000

● It seeks to lay down wide and broad standards for Air in respect of noise for
different areas or divisions.

● These rules are to be read with Rule 5 of Environment protection rules 1986
made under Environment protection Act 1986.

5. Courts on Noise Pollution

The role of judiciary on noise pollution control is commendable and praiseworthy.

● Dhanna Lal V. Chittenden Singh AIR 1959

The decision of MP High Court in this case is a landmark judgement in the area of
noise pollution.
In this case perpetual injection was granted restraining the defendant from running a
flour mill close to the house of the plaintiff- respondent.
The allegation of the plaintiff was that working of the flour mill cause great trouble to
the occupant of the house of the plaintiff. Vibrations and noise of the Mills interfere
with their physical Comforts.
The MP High court noticed that it was difficult for the occupants or the plaintiff to
hear the conversations when flour mill was at work. Accordingly, the court held at the
abnormal noise produced by the flour mill impaired the physical Comforts of the
occupants of the house of plaintiff and amounted nuisance.
The court rejected the defence that the municipal committee had given a licence for
starting the flour mill and that the licence has been renewed.
Court held that it was not an effectual defence because municipality is a creature of
the statute and it had no power to confer right upon anybody to commit private
nuisance.

● Radhey Shyam V. Gur Prasad AIR 1978

In this case the Lucknow bench of Allahabad High Court not only followed the
Madhya Pradesh high court ruling in dhannalal case but also said that the law
against noise is well settled as enunciated by MP High Court.
It was observed by the court that if a man created a nuisance, he could not be
allowed to say that he was acting reasonably. A person could claim injunction to stop
nuisance even if in a noisy locality where there is a substantial addition in the existing
noise by introduction of machine, instruments or performances in premises in
 question which materially affects the physical Comforts of the occupants of the
house.

● Ram Lal V. Mustafabad Oil and Cotton Ginning Factory AIR 1968
In this case Punjab and Haryana High court ruled that once a noise is considered to
be a nuisance of a requisite degree, it is of no defense to contend that it was in
consequence of lawful business or arise from lawful amusements or from places of
religious worship.
Hence, the protection of freedom to carry on the business or trade and Article
19(1)(g) is not available in such a situation.

● State of Rajasthan V. G. Chawla AIR 1959

In this case Supreme Court held that public health is a valid ground to restrict the use
of loud speakers. However such power of regulation should not be arbitrary and
unreasonable.

● Burrabazar Fireworks Dealers Association V. Commissioner of Police, Calcutta

AIR 1998
In this case High Court held that there is no inherent or fundamental right of a citizen
to manufacture, sell and deal with Fireworks which will create sound beyond the
permissible limits and will generate the pollution which would endangered the health
and the public order.
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(1)(a) and
other provisions of the Constitution are taken away, suspended and made
meaningless.