INDIAN INSTITUTE OF LEGAL

STUDIES

Subject – Law of Evidence.

TOPIC –A study of Health Impact upon the residents under

region of Matigara Police Station due to Noise Pollution.

Supervised By:
Dr. Ishita Chatterjee.

Submitted by:
NAME: Saurav Prasad
ROLL NO.: 102/BBA/LLB/14007
(Class Roll. No.) - 05
COURSE: 4th BBA, LL.B

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ACKNOWLEDGEMENT
With profound gratitude and sense of indebtedness I place on record my sincerest thanks to

Dr. Ishita Chatterjee, Indian Institute of Legal Studies, for her invaluable guidance, sound

advice and affectionate attitude during the course of my studies.

I have no hesitation in saying that she molded raw clay into whatever I am through her

incessant efforts and keen interest shown throughout my academic pursuit. It is due to his/her

patient guidance that I have been able to complete the task.

I would also thank the Indian institute of Legal Studies Library for the wealth of information

therein. I also express my regards to the Library staff for cooperating and making available

the books for this project research paper.

Finally, I thank my beloved parents for supporting me morally and guiding me throughout the

project work.

Date: _____________________

NAME

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 TABLE OF CONTENTS
__________________________________________________________

Acknowledgement……………………………………………….…………….……………………………………..…………02
Research Methodology…………………………………………………………….………………………………..………..04
A. Aims and Objectives…………………………………………….………………………………..…………………..04
B. Statement of Problem……………………………………………….……………………………….……………….04
C. Research Questions……………………………………………………….…………….……………..………………04
D. Hypothesis………………………………………………………………………………………………………………….04
E. Method of Research…………………….……………………………….……………….………….………………..04
F. Mode of Citation…………………………………………………………………………………….…………………..05

Table of Cases……………………………………………………………………………………………………………….….… 06
Project Topic: A study of Health Impact upon the residents upon the residents under region
under Matigara Police Station
Chapter – I: Introduction………………………………..……………………………………..…………….………………07
Chapter II:
A. Corporate Social Responsibility & Environment Protection…………………………………….09
B. Noise & Sound…………………………………………………………………………………………………………..12
C. Definiton of sound………………………….………………………………………………………………………...13
D. Sources of Noise Pollution…………………………………………………………………………………………14
Chapter III:
A. Indian Constitution & Noise Pollution Control…………………………………………………………17
B. Other laws relating to Noise Pollution………………………………………………………………………19
C. Judicial pronouncements in relation to Noise Pollution…………………………………………..24
D. Noise Pollution Effects in Human…………………………………………………………………………….26
Chapter IV:
A. A study of Health Impact upon the residents upon the residents under region under
Matigara Police Station……………………………….…………………………………………………………….28
B. Questions and answers & Observations made……………………………………………………………30
Chapter V: Conclusion…………………………………………………………………….………………………….............32
Bibliography……………………………………………………………………………………………………………………………33

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Research Methodology

A. Aims and Objectives: The aims and objectives of this project are to understand the
concept of topic “Health impact upon the residents under region of Matigara police
Station due to noise pollution”. The aims and objectives of this project is to find out if
the laws relating to noise pollution is followed or not, and also the impact it has laid
on the people of the region.

B. Statement of Problem: There are various contradictions relating to the topic

“Health impact upon the residents under region of Matigara police Station due to
noise pollution”. Various laws are there in order to reduce unwanted noise in areas so
that people can live peacefully, but this project work clearly reflects that the strong
laws have fallen weak in terms of applicability. Contradiction in regards to
fundamental rights and urbanization

C. Research Questions: The research question that are related to the topic are:

1. What is the role of Corporate Social Responsibility for Environment

Protection?

2. Different interpretations of Sound Pollution in different laws?

3. What are the effects of noise pollution in humans?

D. Hypothesis: An assumption being made on the topic “Health impact upon the
residents under region of Matigara police Station due to noise pollution” the laws in
relation to noise pollution is not so strict. Modern ways and equipment’s of detecting
sources of noise are still not seen here which should be done by the concerned
authorities. Also the people here are not much aware of the ill impacts of noise
pollution but are away of the fact that noise pollution is being caused.

E. Research Methodology: The research methodology in the concerned research clearly

reflects Empirical Research. Various places were visited for the output of the research
and various questions were asked for the collection of the data and building up this
research work.

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 F. Mode of Citation

A uniform Blue Book Mode of citation has been adopted throughout the project.

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Table of Cases
 Christie v Davey [1893] 1 Ch 316
 Govind Singh v. Shanti Swaroop AIR 1979 SC 143
 Himmat Singh vs Bhagwana Ram AIR 1988 CriLJ 614
 Hollywood Silver Fox Farm v Emmett [1936] 2 KB 468
 In re: Noise Pollution Implementation of The Laws For Restriction Use of
Loudspeakers And High Volume Producing Sound Systems with Forum, Prevention
of Enivornment And Sound Pollution versus Union of India And Another.
 Maulan Mufti Syed and Other V. State of West Bengal AIR 1999 CAL 15
 Mauj Raghu v. Shiva Ram ( 1964) 2 CrLJ 94
 Moulana Mufti Syed Md. Noorur Rehman Barkati v. State of West Bengal AIR
1999Cal15 
 Ram Avtar v. Vijay Kr Singhal AIR 1944 ALL 316
 State of Rajasthan v. G Chawla AIR 1959 SC 544 5. 
 Raghunandan Prasad v. Emperor AIR 1931 All 433
 Vijay Singh Punia v State of Rajasthan AIR 2003 Raj 286

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Chapter 1

Introduction
Industry refers to a particular sector of economy that is either involved in manufacture of
goods or providing services. An industry is the sum total of all the companies that are
involved in one particular activity or a group of activities. Thus any industry is always bigger
than a company or a group of companies.1

The present generation and the coming generations have to solve three grave problems,
namely, population poverty and pollution if they have to survive. Pollution being the most
dangerous problem likes cancer in which death is sure but slow. Environment pollution is
assuming dangerous proportions all through the globe and India is not free from this
poisonous disease. This is the gift of modern living, industrialization and urbanization.
Unless timely action is taken we have a forbid and bleak future for the world.2

The word noise is derived from the Latin term nausea. It has been defined as unwanted
sound, a potential hazard to health and communication dumped into the environment with
regard to the adverse effect it may have on unwilling ears.

Environmental pollution is a grave problem all over the world. Industrialisation and
urbanisation have led to an unprecedented growth of environmental hazards. Environmental
guilty has declined significantly because of loss of vegetation cover and biological diversity.
In other words, we can say that there is a severe imbalance in the ecosystem. Environmental
pollutants mean 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 also
considered to be a pollutants and it has significant harmful effects not only on human beings
but also on animals, birds and non-living things. Problems due to noise increasing day-by-day
especially in the urban and industrial areas.  Highways, airports, industries and centres where
construction activities are carried on, are also considered high noise level areas.

Noise is not a recent problem. It has a long history. Two thousand five hundred year ago, the
ancient Greek colony of cyber knew of measures to check noise. They had rules to protect
1
http://www.differencebetween.com/difference-between-company-and-vs-industry/ (Last visited at 5:55pm on
May 14, 2017).
2
http://www.legalserviceindia.com/articles/noip.htm/ (lat visited at 2:30 pm on May 14th 2017)

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sleep and provide a quit and peaceful life to citizens. Loud sounds wew prohibited by Julius
Caesar who also banned movements of noisy chariots at night. In China, noise was a form of
execution for those who insulted the heavenly powers. Guilty persons were subjected to the
sounds of fluids, drums and shouts of persons continuously day and night until they died.

Noise is a type of atmospheric pollution in the form of waves.  It is a shadowy public enemy.
It has increased in the modern age of industrialisation and technological advancement.

The encyclopaedia Britannica defines noise as “any undesired sound.” According to this
definition, “a sound of church bells may be music to some and noise to others. Usually noise
is a mixture of many tones combined in a non-musical manner.”

The American jurisprudence analysis noise as an unwanted sound that produces unwanted
effects, sound without value and sources are aircraft and airports, vehicular traffic , railways,
industrial activities.

Chapter 2

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2.1 Corporate Social Responsibility and Environmental
Protection

India is a welfare state. But with the passage of time Indian government has adopted
liberalisation, privatization and globalization. Public sector has slowly shifted to private one.
Therefore, the new concept of Corporate Social Responsibility[CSR] means a corporate
sector shall perform such welfare function towards society which is necessary for maintaining
the social interest of the society. In the words of ‘Carroll’ and ‘Buchholtz’, the corporate
social responsibility encompasses the economic, legal, ethical, and philanthropic expectations
placed on the organisations by the society at a given point of time. According to Browin
H.R., social responsibility is defined as, “the obligation of a businessman to pursue those
policies, to make those decisions or to follow those lines of action which are desirable in
terms of objectives and values of the society. Some scholars have defined CSR as a social
commitment of a businessman or a social obligation or moral or ethical responsibility or a
corporate social philanthropy. In the words of Mahatma Gandhi, business entrepreneurs are
trustees and not the owners of the social wealth and they have to spend a part of it for social
causes. To describe the principle of trusteeship he quoted, enjoy the wealth, take the
minimum which you need, leave the rest to the welfare of community.” It cannot be
considered as charity. A robust and thriving development sector is central to India’s quest for
equitable, inclusive and sustainable growth. India’s development sector has evolved
substantially over the last few decades and is now witnessing unprecedented interest and
investments across the value chain.

With the passage of the Companies Act, 2013 the mandate for corporate social responsibility
(CSR) has been formally introduced to the dashboard of the Boards of Indian companies. The
industry has responded positively to the reform measure undertaken by the government with
a wide interest across the public and private sector, Indian and multinational companies.
Building a society which provides equal access to opportunities negates disparities and, is a
collective responsibility.3

3
http://www.legalservicesindia.com/article/article/corporate-social-responsibility-and-environmental-
protection-1920-1.html

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In Vijay Singh Punia v State of Rajasthan 4 imposing 15 percent of the turnover of the dyeing
and printing industries as damages for causing water pollution Rajasthan High Court
observed:The emission of untreated waste water by the industrial units is depriving the
citizens the access to unpolluted ground water which is essential for the existence. Not only
the ground water has been affected by the way industrial units have been operating, but their
working has also affected the quality of vegetables and crops which are grown in that area….
For enforcing he rights under Article 21 of the Constitution and compelling the persons to
discharge their fundamental duties under Article 51 A (g) of the Constitution, the courts
exercising extraordinary jurisdiction can impose damages on the polluter for the restoration
of the ecological balance and also for the victims who have suffered the intrusion upon the
environment and ecology of the former.

Companies Act, 2013:

Sec 135 of the Companies Act, 2013 deals with Corporate Social Responsibility. Clause (1)
states that, every company having net worth of rupees five hundred crore or more, or turnover
of rupees one thousand crore or more or a net profit of rupees five crore or more during any
financial year shall constitute a Corporate Social Responsibility Committee of the Board
consisting of three or more directors, out of which at least one director shall be an
independent director.

(2) The Board's report under sub-section (3) of section 134 shall disclose the composition of
the Corporate Social Responsibility Committee.

(3) The Corporate Social Responsibility Committee shall,—

(a) Formulate and recommend to the Board, a Corporate Social Responsibility Policy
which shall indicate the activities to be undertaken by the company as specified in Schedule
VII;

(b) Recommend the amount of expenditure to be incurred on the activities referred to

in clause (a); and

(c) Monitor the Corporate Social Responsibility Policy of the company from time to
time.

(4) The Board of every company referred to in sub-section (1) shall,—

4
 Vijay Singh Punia v State of Rajasthan AIR 2003 Raj 286

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 (a) After taking into account the recommendations made by the Corporate Social
Responsibility Committee, approve the Corporate Social Responsibility Policy for the
company and disclose contents of such Policy in its report and also place it on the company's
website, if any, in such manner as may be prescribed; and

(b) Ensure that the activities as are included in Corporate Social Responsibility Policy
of the company are undertaken by the company.

(5) The Board of every company referred to in sub-section (1), shall ensure that the company
spends, in every financial year, at least two per cent. of the average net profits of the
company made during the three immediately preceding financial years, in pursuance of its
Corporate Social Responsibility Policy:

Provided that the company shall give preference to the local area and areas around it
where it operates, for spending the amount earmarked for Corporate Social Responsibility
activities:

Provided further that if the company fails to spend such amount, the Board shall, in its
report made under clause (o) of sub-section (3) of section 134, specify the reasons for not
spending the amount.

Explanation.—For the purposes of this section “average net profit” shall be calculated in
accordance with the provisions of section 198.

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2.2 NOISE AND SOUND

In considering our acoustic environment, we must differentiate between these two terms, ie.,
noise and sound. It has only when the effects of a sound are undesirable, it may be termed as
a noise. Sometimes it has an agreeable musical quality. It is a pleasant to a group of people or
individual or undesirable to another individual or group of people or a sick person.
Physically, sound is a mechanical disturbance propagated as a wave motion in the air and
other elastic or mechanical media such as water or steel.

The human ear is very sensitive to sound waves of the frequency of 20 Hertz Hz) to 2000Hz
pitch, but not all sounds are detectable by the human ear. There are two types of sound:1)
ultra sound, and 2) intra sound.

1) Ultra Sound is that sound in which the frequency range exceeds approximately 15 kHz. It
is beyond the upper limit of normal hearing, i.e., it has a frequency too high to excite the
sensation of hearing.

2) Intra Sound is the sound in which sound is below a frequency of about 16Hz. It is below
the lower limit of normal hearing. It is commonly referred to as vibration.

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2.3 Definitions of sound

1. 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.

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 may be or tent to injurious to human beings
or other living creatures or plants or property or environment.

Pollution is a noise derived from the verb pollute. Section 2 (c ) of the Environment
(Protection ) Act, 1986 defines environmental pollution to mean the presence in the
environment of any environmental pollutant. Section 2 (b) of the said Act defines
environmental pollutant to means any solid, liquid or gaseous substance present in such
concentration as may be ,or tends to be injurious to environment.

Noise can be described as sound without agreeable musical quality or as an unwanted or

undesired sound. Thus noise can be taken as a group of laud, non-harmonious sounds or
vibrations that are unpleasant and irritating to ear.

Measurement

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 acc. To smith,
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.

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The Noise quantum of some of the cities in our country indicate their pitch in decibel in the
nosiest areas of corresponding cities, e.g. Delhi- 80 db, Kolkata - 87,Bombay-85, Chennai-89
db etc.

2.4 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 neighbourhood 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.

1. 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.

2. 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.

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 3. Noise from railroads:

The noise from locomotive engines, horns and whistles, and switching and shunting operation
in rail yards can impact neighbouring communities and railroad workers. For example, rail
car retarders can produce a high frequency, high level screech 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 worker’s ear.

4. 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.

5. Noise in Industry:

Although industrial noise is one of the less prevalent community noise problems, neighbours
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.

6. 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

15 | P a g e
insulated walls and ceilings can reveal the sound of-amplified music, voices, footfalls and
noisy activities from neighbouring 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.

7. 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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Chapter 3

3.1 Indian Constitution and noise pollution control

The Indian Constitution of 1950 did not have any provisions directly dealing with
environmental pollution. But the 42nd Amendment of Constitution passed in 1996 inserted
article 48-A and Article 51-A to protect and improve the environment as has been discussed
in Chapter II.

Thus, India became one of the few countries of the world which enshrined in its Constitution,
a commitment to environmental protection and improvement. It has interjected a new
dimension to public responsibility by obligating the Central Government to protect and
improve the environment for the good of society as a whole. So the Constitution makes a dual
provision by way of directives to the state for the protection and improvement of the
environment and imposing a duty on every citizen to help in the preservation of the natural
environment.

In State of Rajasthan v. G Chawla, 5 a unique question came up before the Supreme Court
whether the State Legislation has right to prevent and control noise pollution and make it
punishable? Do such restrictions or State enactments amount to violation of the freedom of
speech for prevention and control of noises? The Supreme Court was of the opinion that this
freedom is not absolute. It is subjected to the restrictions under Article 19(2). This clause (2)
of Article 19 provides certain reasonable restrictions which can be in the freedom of speech
5
State of Rajasthan v. G Chawla AIR 1959 SC 544 5. 

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and expression. Thus, if any law, pre-constitutional or post-constitutional, imposes reasonable
restrictions in the interest of public order, it is constitutional. In this case, the Ajmer (Sound
Amplifier Control) act, 1952 was challenged as violative of freedom of speech and
expression and that the State Government had no power under the Constitution to enact such
laws.

The Supreme Court declared that the said act is not unconstitutional as it is a reasonable
restriction in the interest of public order and the state is also empowered to enact such laws.
To make things more clear it was observed by the court that the state can make laws in the
exercise of its power under Entry 8, “Public Health and Sanitation of List II provided under
Seventh Schedule”. Thus, the states “have the right to control loud noises when the rights of
such user, in disregard to the comfort and obligations to others, emerges as manifest nuisance
to them”. Thus, laws to control loud noises and music enacted by various states are within the
permissible limits of the Constitution and are a reasonable restriction on the freedom of
speech and expression. The court made it clear that persons are free to make noise but not to
transgress the right of others to live peacefully. As soon as noise become a nuisance,
interferes in the use or enjoyment of property or annoys others, the laws imposing restriction
will come into operation and the constitutional freedom activity. Such activity is also
violative of the constitutional duty imposed on every citizen of India under Article 51-A to
protect and improve the natural environment.

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3.2 Other laws regarding Noise Pollution

Now let’s elucidate the other laws regarding sound pollution. In Section 133, Code of
Criminal Procedure the magistrate court have been empowered to issue remove or abate
nuisance caused by noise pollution u/s 133 empowers and executive magistrate to interfere
and remove a public nuances in the first instance with a conditional order and then with a
permanent one the provision can be utilized in case of nuance of environment nature. In Law
of Torts noise pollution is considered as a civil wrong. Under Law of Torts a civil suit can be
filed claiming damages for the nuisance. For filing a suit under Law of Torts a plaintiff is
required to comply with some if the requirement of torts of nuisances which are interference
should be with the use and enjoyment of land. , there should be reasonable interference.

In a landmark judgement given by apex court in Mulan Mufti Syud and others V. State of
West Bengal6 AIR 1999, The court held imposition of restriction on the use of microphone
and loudspeaker by the state govt. between 9 pm to 7 am which inter alia include restriction
of azan on microphone in early hours, before 7 am is not violative of Article 25 of
Constitution of India guarantying of freedom of religion.
6
Moulana Mufti Syed Md. Noorur Rehman Barkati v. State of West Bengal AIR 1999Cal15 

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Legal Control:

(a) Constitution of India

Right to Life: - Article 21 of the Constitution guarantees life and personal liberty to all
persons. It is well settled by repeated pronouncements of the Supreme Court that right to life
enshrined in Article 21 is not of mere survival or existence. It guarantees a right of persons to
life with human dignity. Anyone who wishes to live in peace, comfort and quiet within his
house has a right to prevent the noise as pollutant reaching him.

Right to Information:- Everyone has the right to information know about the norms and
conditions on which Govt. permit the industry which effect the environment.

Right to Religion and Noise

Right to religion does not include right to perform religious activities on loud speaker and
electronic goods which produce high velocity of noise.

Directive Principal of State Policy:

The state has the object to make the environment pollution free.

Fundamental Duties:

Every citizen of the country has the fundamental duty to clean the environment.

Cr.P.C. Section 133

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Here Section 133 is of great importance. Under Crpc. Section 133 the magisterial court have
been empowered to issue order to remove or abate nuisance caused by noise pollution Sec
133 empower an executive magistrate to interfere and remove a public nuisance in the first
instance with a conditional order and then with a permanent one. The provision can be
utilized in case of nuisance of environment nature. He can adopt immediate measure to
prevent danger or injury of a serious land to the public. For prevention of danger to human
life, health or safety the magistrate can direct a person to abstain from certain acts.

I.P.C. Public Nuisance 268-295

Chapter IV of Indian Penal code deals with offences relating to public health, safety,
....decency , morals under Sections 268, 269, 270, 279, 280, 287, 288, 290 291 294. Noise
pollution can be penalized with the help of above section. Private remedies suits in the area
may related to public nuisance under A299. This article punishment in case of Public
nuisance law of torts covers. 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
pubic 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 punished with fine, which may extend to Rs. 200.

Law of Torts Noise pollution is considered as civil wrong:-

Under law of torts, a civil suit can be filed claiming damages for the nuisance. For filing a
suit under law of torts a plaintiff is required to comply with some of the requirement of tort of
nuisance which are as follows:-

1. There should be reasonable interference.

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2. Interference should be with the use & enjoyment of land.

3. In an action for nuisance actual damage is required to be proved. As a general rule either
the presence or absence of malice does not matter. But in some cases deviation from the rule
has been made.

In Christe Vs Davey7, the extent of noise & the amount of disturbance caused thereby was
ignored & it was held that the noise which arose due to the practice of lawful profession, &
without any malice, could not be considered to be actionable nuisance.

In Hollywood Silver Fox Farm Ltd. Vs Emmett 8. It was held that presence of malice was a
factor in determining liability for noise amounting to nuisance. The court said that even on
his won land was nuisance, & the defendant was liable in damages.

Factories Act Reduction of Noise and Oil of Machinery

The Factories Act does not contain any specific provision for noise control. However, under
the Third Schedule Sections 89 and 90 of the Act, noise induced hearing loss, is mentioned as
notifiable disease. Similarly, under the Modal Rules, limits for noise exposure for work zone
area have been prescribed.

Motor Vehicles Act.

Provision Relation to use of horn and change of Engine:- In Motor veichle Act rules
regarding use horns and any modification in engine are made.

Noise Pollution Control Rule 2000 under Environment Protection Act 1996

7
Christie v Davey [1893] 1 Ch 316
8
Hollywood Silver Fox Farm v Emmett [1936] 2 KB 468

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Further for better regulation for noise pollution There are The Noise Pollution ( Regulation
and Control ) Rules, 2000 – in order to curb the growing problem of noise pollution the
government of India has enacted the noise pollution rules 2000 that includes the following
main provisions:-

 The state government may categories the areas in the industrial or commercial or
residential

 The ambient air quality standards in respect of noise for different areas have been
specified.

 State government shall take measure for abatement of noise including noise
emanating from vehicular movement and ensure that the existing noise levels do not
exceed the ambient air quality standards specified under these rules.

 An area not less than 100 m around hospitals educations institutions and court may be
declare as silence are for the purpose of these rules.

 A loud speaker or a public address system shall not be used except after obtaining
written permission from the authority and the same shall not be used at night.
Between 10 pm to 6 am

 A person found violating the provisions as to the maximum noise permissible in any
particular area shall be liable to be punished for it as per the provision of these rules
and any other law in force.

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3.3 Judicial pronouncements in relation to Noise Pollution

In the case of Raghunandan Prasad v. Emperor 9 the engine of a factory was causing noise so
as to be a serious nuisance to be the people living in the neighbourhood the forbade the
working of engine from 9 P.M. to 5 A.M.

9
Raghunandan Prasad v. Emperor AIR 1931 All 433

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In the case of Mauj Raghu v. Shiva Rama 10 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 Avtar v. Vijay Kr Singhal11 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 the 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 Singh vs Bhagwana Ram12  where there were fodder tals 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.

Some other important cases are also have great relevance in this regard:

In Govind Singh v. Shanti Swaroop13 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 Other V. State of West Bengal 14 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 violative of Article 25 of constitution guaranteeing of freedom of religion.

10
Mauj Raghu v. Shiva Ram ( 1964) 2 CrLJ 94
11
Ram Avtar v. Vijay Kr Singhal AIR 1944 ALL 316
12
Himmat Singh vs Bhagwana Ram AIR 1988 CriLJ 614
13
Govind Singh v. Shanti Swaroop AIR 1979 SC 143
14
Maulan Mufti Syed and Other V. State of West Bengal AIR 1999 CAL 15

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In Re: Noise Pollution15 Following important observations have been made by Supreme court
regarding noise pollution which are discussed as follows:-

Facts of the case:

Anil mittal an engineer filed this case. the immediate reason for this was that a 13 years old
girl was a victim of rape he cries for help and went unheard due to blaring sound of
loudspeakers noise music over loud speakers in the neighbourhood. The Petitioner complain
of noise created by the use of loudspeakers being used in religious performances or singing
bhajans and the like in busy commercial hi fi audio systems are used.

There are rules framed by the government regarding noise pollution and known as Noise
Pollution control and Regulation Rules, 1999. On 11-10-2002 govt brought in an amendment
in the rules. The amendment empowered the state government to permit use of loudspeakers
or public address system during night hours between 10 pm to 12 pm in the mid night on or
during the cultural or religious occasions for a limited period not exceeding 15 days.

In this case supreme observed that Right to life enshrined in Article 21 is not of mere survival
or existence. It guarantees a right of persons to life with human dignity. There in are included
all the aspects of life which go to make a person life meaningful complete and worth living.
Everybody who wished to live in peace, comfort and quiet with in his house has a right to
prevent the noise as pollutant reaching him. No one claim a right to noise to create noise even
in his own premises which would travel beyond his precincts and cause nuisance to
neighbours or others.

3.4 Noise Pollution Effects on Humans:

Noise pollution effects on human health is a matter of great concern. The reason being the
adverse consequences that high noise levels have on human health. Noise pollution can affect
us in several ways, some of which are listed below:

15
In re: Noise Pollution Implementation of The Laws For Restriction Use of Loudspeakers And High Volume
Producing Sound Systems with Forum, Prevention of Environment And Sound Pollution versus Union of India
And Another.

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  Hearing Problems: Exposure to noise can damage one of the most vital organs of
the body, the ear. Hearing impairment due to noise pollution can either be temporary
or permanent. When the sound level crosses the 70dB mark, it becomes noise for the
ear. Noise levels above 80 decibels produce damaging effects to the ear. When ear is
exposed to extreme loud noise (above 100 decibels) for a considerable period of time,
it can cause irreparable damage and lead to permanent hearing loss.

 Cardiovascular Issues: A noisy environment can be a source of heart related

problems. Studies have shown that high intensity sound cause a dramatic rise in blood
pressure as noise levels constrict the arteries, disrupting the blood flow. The heart rate
(the number of heart beats per minute) also increase. These sudden abnormal changes
in the blood increase the likelihood of cardiovascular diseases in the long run. Read
more on cardiovascular diseases.

 Sleep Disturbances: This is one of the noise pollution effects that can deter your
overall well-being. Noise can interrupt a good night's sleep, and when this occurs, the
person feels extremely annoyed and uncomfortable. People deprived of uninterrupted
sleep show a sharp dip in their energy levels which often results into extreme fatigue.
This can considerably decrease a person's ability to work efficiently.

 Interference in Verbal Communication: A noisy environment that produces

more than 50-60 decibels simply does not allow 2 people to communicate properly.
Interpreting the speech of a second person becomes quite difficult and may lead to
misunderstandings.

 Mental Health Problems: Exposure to loud sound can lead to elevated stress
levels as well as stimulate violent behaviour. A constant noise in the vicinity can also
trigger headaches, make people tense and anxious, and disturb emotional balance.
 Sound Pollution Effects on Animals:

Manmade noise pollution has made the Earth an uncomfortable place to stay for animals
as well. Hearing loss and rapid increase in heart rate are some of the ill-effects of noise

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 pollution on animals. High intensity sound induces fear, forcing them to abandon their
habitat. Other effects of noise on animals is given below:

Anxious behaviour in animals is commonly observed in the form of trembling when they are
exposed to high decibel levels. Intolerable noise levels can decrease a cow's capacity of milk
production. These animals require a calm and relaxed environment to provide a better milk
yield. Research has proven that aircraft induced noise is responsible for a significant decrease
in reproduction activity in a wide range of animals. Noise pollution effects can also be seen
on chicken in the form of a sharp drop in egg production. Stunted growth in chickens due to
intense noise has also been observed. Underwater animals such as whales and dolphins too
experience discomfort due to noise pollution caused by submarines, shipping companies, and
sonars. Birds in urban areas, that use their sharp hearing abilities to hunt prey, are at loss due
to intervention of manmade noise. High noise levels can also negatively affect the breeding
and feeding patterns of some animals. This is one of the reasons why certain species have
become extinct.Sea animals produce varying sound levels among each other. However, the
noise of commercial ships does not allow these animals to communicate properly, which can
wreak havoc on their reproductive function. Sonar navy tests can hurt the whale's ear and
reduce its ability to breed and feed.

 Age-related (Presbycusis):

Hearing loss is somewhat inevitable with age. Though older males exposed to significant
occupational noise demonstrate significantly reduced hearing sensitivity than their non-
exposed peers, differences in hearing sensitivity decrease with time and the two groups are
indistinguishable by age 79.[2] Women exposed to occupational noise do not differ from their
peers in hearing sensitivity, though they do hear better than their non-exposed male
counterparts.

Chapter 4:

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4.1 A study of health impact upon the residents under region of
Matigara Police Station, Siliguri due to Noise Pollution.

Matigara Police station located at Ramkrishanapara, PO- Matigara, Dist. – Darjeeling has a

population of 1, 92,592 Male-97,507, Female- 95,085. It is surrounded by the Sukna
Investigation Centre (under Kurseong PS), to the North, Proposed Shivmandir PS & NJP OP
under Bhaktinagar PS to its South: Pradhan Nagar PS & Siliguri Police station to its East,
proposed Shivmandir P.S. On the West, and has Jurisdiction over 241.78 Sq. Km.16

The area under Matigara police station consists of a 6.5 km long highway which leads to the
city of Siliguri and also to the nearest airport and its neighbouring state Bihar and
Neighbouring Country Nepal. Siliguri also shares its border with Bhutan which makes it a
developing hub at an alarming rate, which is why Siliguri has a lot of commuters, visitors and
tourist. The 6.5 km highway which runs from Darjeeling More to Shivmandir is known to be
said as the Matigara highway, making it one of the busiest roads in town. Private vehicles,
autorckshaws, trucks, buses, bikes and construction vehicles suchs as JCB’s are very
common in the highway.

Matigara composes of a railway station, schools, colleges & universtities, medical college
and hospital, other private institutions, and buiscuit industry, plywood industry, aluminium
factory, tea estate factories and North East tank manufacturers Pvt Ltd companies. Big
reputed 4 star hotels also fall under the jurisdicition of Matigara Police Station. The recent
building of the Asian Highway project also makes matigara one of the busiest and congested
areas in Siliguri.

16
https://www.siliguripolice.org/ps?pid=2

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A group of 4 students were assigned with the topic of “A study of health impact upon the
residents under the region of Matigara police Station”. Surveys were undertaken, and
question related to health were asked to the natives of all age groups in the region under
Matigara Police Station. Thus, the following could be easily concluded:

1. The Senior Citizens are the mostly affected.

2. Sound pollution has not only laid its impact on humans but also on wildlife.
3. Noise produced by vehicles, bursting of crackers during marriages, and loud music
played during marriages are very common in this area.
4. The recent development of the Asian Highway has led to more vehicles and provided
employment to more workmen in this area.
5. Noise pollution in this area is high due to poor urban planning, transportation,
construction activities which have left the resident in this area with many health
effects.
6. As far as the applicability of law in regards to sound pollution under areas of Matigara
Police station, there is restriction of fireworks other than occasions, vehicles with loud
silencers are not targeted, loud music on marriage ceremonies are only allowed up to
10 pm. Other than that there are no such authorities which pay much heed to the
health impacts caused by noise pollution.

4.2 Questions asked and observations made?

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 1. What are the main causes of noise pollution it the area under Matigara Police station?

Ans. The vehicles that ply on the stretch of 6.5 kms from Darjeeling More to Shivmandir
is known to be the Matigara main road. Trucks contribute a disproportionate amount of
noise not only because of their large engines, but also due to the height of the diesel stack.
The honking culture has also probably created a society that raises its decibel levels and
fists even for small things on the road. Road rage and its subsequent violent actions could
be a consequence of traffic-induced stress and the culture of “me first” on the roads.
Several types of horns such as air horns, musical horns and electrical horns fitted on the
vehicles are a major source of noise pollution.

Noise produced by airplanes while taking off, landing and while on air also leads to noise
pollution. The closest Bagdogra airport is one of the busiest airport. The Matigara railway
station is also one of the busiest railway station whereby people from nearby areas come
and go. The air horns used by trains are a major source of disturbance to the natives.

Also the factories situated as mentioned in the study contribute towards noise pollution.
The noise of the machines, engines, propellers and shafts make noise making hearing
difficult for the factory workers. The constant hammering of aluminium sheets, and the
unloading and offloading of the aluminium sheets and water tanks contribute to the
nuisance caused.

Question 2: what are the various hazardous health effects faced by the residents of the
area?

Ans. The area under Matigara Police Station has residents who regularly face the
consequences of regular exposure to consistent elevated sound levels. Such has caused
hearing impairment, hypertension, annoyance, heart diseases and sleep disturbances
amongst the people. Changes in the immune system and birth defects have also been seen
here.

The localities close to factories has been known to induce tinnitus, hypertension, and
vasoconstriction, hearing disability, to the people and also to the workers working in the
factories.

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 Also these elevated noise has also cause stress, increased workplace, accident rates and
stimulated aggression and antisocial behaviours. 80 percent of the annoyance is due to the
vehicles producing noise in the highway.

It was also found that the pets and stray animals were more aggressive in this area maybe
because they have a better sense of hearing than humans.

It has also lead to miscommunication as the sound levels do not freely allow people to
communicate hence leading them to misunderstanding each other.

In this area children are another group who have been particularly vulnerable to adverse
effects of noise pollution. Children here live in noisy homes and are more likely to have
reduced cognitive and language development. Noise has also affected children’s learning,
reading, problem solving, motivation, school performance, and social and emotional
development.

Chapter 5

Conclusion

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It can hereby concluded that there is existence of law relating to noise pollution but there is
need to creating general awareness towards the hazardous effects of noise pollution.
Particularly, in our country the people generally lack consciousness of the ill effects which
noise pollution creates and how the society including they themselves stand to beneficiary
preventing generation and emission of noise pollution. The target area should be educational
institutions and more particularly school. The young children of impressionable age should
be motivated to desist from playing with firecrackers, use of high sound producing
equipment’s and instruments on festivals, religious and social functions, family get-togethers
and celebrations etc. which cause noise pollution. Suitable chapters can be added into
textbooks, which teach civic sense to the children and teach them how to be good and
responsible citizen which would include learning by heart of various fundamental duties and
that would obliviously include learning not to create noise pollution and to prevent if
generated by others. Holding of special talks and lectures can be organized in the schools to
highlight the menace of noise pollution and the role of the children in preventing it. For these
purpose the state must pay its role by the support and cooperation of non-government
organizations (NGOs) can also be enlisted.

BIBLIOGRAPHY

PRIMARY SOURCES

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I. STATUTES:
 The Code of Civil Procedure,1908
 The Environment Protection Act,1986

 The Code of Criminal Procedure, 1973

SECONDARY SOURCES
I. BOOKS:
 Singh, Avtar, COMPANY LAW, 16 th ed., Lucknow, Eastern Book Company, 2015.
 Datta, C.R., THE COMPANY LAW, 6 th ed., Nagpur, LexisNexis Butterworths
Publications, 2008.
 Ramaiya, A, GUIDE TO COMPANIES ACT, 17 th ed., Nagpur, LexisNexis
Butterworths Publications, 2010.
 C.V. Baxi, Ajit Prasad, Corporate Social Responsibility: Concept and Cases: the
Indian Experience, Excel Book India (2005), P-22.

II. WEBSITES

 http://www.differencebetween.com/difference-between-company-and-vs-industry/
(Last visited at 5:55pm on May 14, 2017).
 http://www.legalserviceindia.com/articles/noip.htm/ (lat visited at 2:30 pm on May
14th 2017)
 http://www.legalservicesindia.com/article/article/corporate-social-responsibility-and-
environmental-protection-1920-1.html
 https://www.siliguripolice.org/ps?pid=2

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