Name --kajal vinayak patil

Roll No—6016
Year- 5th year BLS LLB Assignment- family law and
Environmental law

Family law (kajal patil)

Index

Q.1. Dissolution of Christian marriage

 Introduction
 who is Christian
 Indian divorce act 1869
 Marriage dissolution
 Grounds for dissolution marriage.
 Nullity of Marriage
 Custody of Children
 Case law

Q.2. Maintenance under Muslim Law 

 Introduction
 Meaning
 OBLIGATION OF HUSBAND
 MAINTENANCE UNDER PRE-NUPTIAL AGREEMENT
 Maintenance for Wife
 Quantum of Maintenance
  Maintenance under Anti- Nuptial Agreements
 Maintenance to Muslim Divorced Woman until Her Remarriage
 Maintenance of the Children
 CASES
 Conclusion

Q1. Dissolution of Christian Marriage?

Introduction :-
According to the preamble of this Act, it amends the law relating to the divorce of people
professing Christianity. It even confers upon certain courts the jurisdiction to settle these
matters. This is the only codified law regulating divorces amongst Christians.

WHO IS A CHRISTIAN -

A Christian is one, who professes the religion of Jesus Christ

Definition 3 of the Indian Christian Act, 1872 defines the term ‘Christian’ as “a person
professing Christian Religion”. Under the Act, Indian Christians include native converts to
Christianity and under their Christian descendants.

born to Christian parents is a Christian. - Generally, a person who is baptized is a

Christian.

- A person, who professes to be a Christian is a Christian, even though he has not

- Been baptized (K LB David v/s. Nilmoni, AIR 1953).

Indian Divorce Act 1869
According to the preamble of this Act, it amends the law relating to the divorce of people
professing Christianity. It even confers upon certain courts the jurisdiction to settle
these matters.

This is the only codified law regulating divorces amongst Christians. The British had first enacted
this law before Independence and it continues to be force today.

The Act came into existence on 1 April 1869. It applies to the whole country except the state of
Jammu & Kashmir. Furthermore, it applies only to those people who profess the Christian
religion. The parties must also reside in India to apply for any remedy under the Act.

. meaning- Short title. Commencement of Act—This Act may be called the Divorce Act, and
shall come into operation on the first day of April, 1869.

2. Extent of Act—4 This Act extends to 5 [the whole of India [except the State of Jammu and
Kashmir

Extent of power to grant relief generally. Nothing hereinafter contained shall authorise any
Court to grant any relief under this Act except where the petitioner [or respondent] professes
the Christian religion,

and to make decrees of dissolution—or to make decrees of dissolution of marriage except

where the parties to the marriage are domiciled in India at the time when the petition is
presented,

or of nullity—or to make decrees of nullity of marriage except where the marriage has been
solemnized in India and the petitioner is resident in India at the time of presenting the petition,
or to grant any relief under this Act, other than a decree of dissolution of marriage or of nullity
of marriage, except where the petitioner resides in India at the time of presenting the petition.

Marriage dissolution
Christian marriage in India can be dissolved under the Indian Divorce Act of 1869 (under Section
X) under three conditions:

By Section X A (as amended in 2001) both parties can file for a divorce by mutual consent.

According to Section X (I), either party can file for divorce on the grounds that the other party is
of unsound mind. These grounds require two conditions:

The party must be medically certified as 'incurable.

'The relevant medical symptoms must have been noted at least two years prior to filing for
divorce. If the symptoms were treated at any point in time, but ultimately became incurable,
the period of two years will be counted from the date when the disease was certified as
incurable.

Women can request a divorce under Section X (II) on three exclusive

grounds: rape, sodomy and bestiality.

A woman married under The Indian Christian Marriage Act of 1872 can seek dissolution of her
marriage under the Indian Divorce Act of 1869

Grounds for Dissolution of Marriage

Section 10 of the Indian Divorce Act contains grounds on which a court may dissolve a marriage.
In order to avail a divorce, the husband or wife must file a petition before the District Court.
This is basically the court under whose jurisdiction the parties solemnized their marriage or
they reside or last resided together.

The court may grant a divorce under any of the following grounds:

a) When one of the parties commits adultery

b) If a party ceases to be a Christian;

c) In case of a party being of unsound mind for two years

d) If a party has been suffering from leprosy or a venereal disease for two years;

e) In case of a party willfully refusing to consummate the marriage

f) When a party has deserted the spouse for two years or more;

g) In case of a party treating the spouse with cruelty.

Apart from these grounds, the wife can present a petition of divorce on additional grounds. For
example, she can file for divorce if her husband has, after marriage, been guilty of rape,
bestiality, etc.

Divorce by Mutual Consent

According to Section 10, the grounds we saw above must exist for a party to file for divorce.
However, it may so happen that both parties wish to seek divorce mutually. For this purpose,
the Parliament amended this Act to insert Section 10-A.
According to Section 10-A, parties may together mutually file a petition for divorce in the
District Court. In order to do this, they must have lived separately for two years and must be
unable to live together. In case parties do not withdraw this petition between 6 to 18 months,
the court may dissolve their marriage.

Nullity of Marriage
Apart from the dissolution of marriage, the Act also contains provisions for nullity. Either the
husband or the wife may file a petition for this before the District Court. There are a few
grounds for which a party may file such a petition.

For example, the impotency or lunacy of a party at the time of marriage can be ground. One
can also file this petition if the other party was still married to his/her former spouse during the
marriage.

Restitution of Conjugal Rights

The Act also contains a provision for restitution of conjugal rights under Section 32. Under this
provision, a party may seek restitution if his/her spouse withdraws from their company. Under
restitution, the marriage remains but both parties do not possess all marital rights temporarily.

Custody of Children
The Divorce Act contains some provisions governing custody of children in cases of dissolution
or nullity of marriage. Section 41 empowers courts to make interim orders with respect to
custody. Even after passing a final decree of separation, the court may award custody to any
specific party.

Case law
M.C. Abraham, "Dissolution Christian Marriage" (February 1983) Cr 14 Journal 2, 4.

According to this article, there is no need to to add any ground of divorce. "Union for life is the
method of Christian marriage and not separation". As we have already stated1, the majority of
views favours at least the introduction of equality between the sexes, in regard to divorce
amongst Christians

In B.D. Cardoza v. Glady B. Cardoza,{6} where a wife obtained consent by concealing the fact
that by operation her fallopian tubes were removed and she was incapable of giving birth to a
child the petition for declaration of annulment of marriage was allowed and decree passed.
Where a wife delivered a child after 203 days of marriage and the child was not premature and
the husband had neither access nor knowledge about her pre-marriage pregnancy, was held
in P. V Sabu v. Mariakutty,{7} that the husband is entitled to a declaration of nullity of marriage
on ground of fraud.

Q.2. Maintenance under Muslim Law 

Introduction
The concept of Maintenance in Muslim law was introduced to provide support to those people
who are not capable to maintain themselves. The principle of maintenance includes the basic
requirement of a person for survival and includes amenities like food, clothing, shelter,
education and other necessities of life. Many acts have been passed and laws made for the
protection of women from certain atrocities faced by them in their matrimonial life. However,
the lacunas are never filled and each time there is a lack of some regulation that tends to be
unendurable for women. Laws for different religions are not the same due to distinction in their
practices and traditions. Therefore, except for the common law that exists for all, there are
personal laws of every religion by which they are governed.

Meaning
Maintenance under Muslim Law known as ‘Nafqah’ means amount spent by a man on his
family to provide for food, shelter, clothing, lodging and other essential requirements for
livelihood. A muslim husband has obligation to maintain his wife during the subsistence of
marriage. A husband is require to maintain his wife irrespective of his financial condition.

We shall discuss the aspects of maintenance in Muslim law from the viewpoint of the persons
who are eligible for maintenance. Such persons are:

1.Wife

2. Children- Both boy and girl

3. Parents and Grandparents and

4. Any other relatives

OBLIGATION OF HUSBAND
The husband’s obligation to maintain his wife exists so long as the wife remains faithful to him
& obeys all his reasonable orders.  If she does not, then he is not liable to provide maintenance
to her. However, there are exceptions to this rule i.e even if the wife does not conform as per
her husband wishes she can still claim maintenance if:

1.   If the husband keeps a concubine.

2.   If the husband is guilty of committing cruelty towards his wife.

3.  If the marriage cannot be consummated owing to his illness, malformation, his absence from
her without her prior permission or the husband has still not attained the age of puberty.

MAINTENANCE UNDER PRE-NUPTIAL AGREEMENT

Maintenance for Wife

Under Muslim law in India, maintenance is known as ‘Nafqah’. ‘Nafqah’ is the amount that a
man spends on his family.  The right to maintenance of a Muslim woman is absolute and not
conditional on whether she can maintain herself or not.

Hence all the Muslim women earning or not earning are eligible for the right to maintenance
which is contrary to most of the other religious acts where only dependent women are eligible
for the maintenance.

It is the duty and liability of the husband to provide adequate maintenance to his wife in all the
circumstances irrespective of his financial condition. However, a Muslim woman cannot claim
maintenance from her husband in the following cases:

She has not attained puberty.

She has abandoned her husband and marital duties with sufficient reason.

Where she elopes with some other man.

In a case where she disobeys the reasonable commands of her husband

Quantum of Maintenance
The quantum of maintenance is not prescribed under any personal law. The court decides the
quantum on the basis of the financial condition of husband and wife and any other
circumstances relevant to the case. The Shia Law decides the quantum of maintenance by
taking into consideration the requirements of the wife. The Shafei Law determines the
quantum of maintenance by the post of the husband. Thus, the basis of determination of
quantum of maintenance is different for different sub-castes of Muslims.

Maintenance under Anti- Nuptial Agreements

A Muslim marriage is construed as a contract, an agreement that is made between the parties
to the marriage (nikah) which prescribes the rights & duties of both husband and wife. In this
agreement, the wife can stipulate some conditions for husband and in case of breach of such
conditions; she has a right to live separately and is also eligible to receive maintenance.

The quantum of the maintenance and the terms are to be agreed and settled at the time of
marriage itself. The wife can stipulate the contract of the marriage in case the husband ill-treats
her/ or takes a second wife or keeps a concubine.

In such a case, she has the right to live separately from her husband and she is also eligible to
claim maintenance against the husband.  However, it has to be noted that the husband’s
liability is limited only till the iddat period and the wife can claim maintenance only during the
period of iddat and not beyond that.

Maintenance to Muslim Divorced Woman until Her Remarriage

In terms of Section (3) (a) of the Muslim Women (Protection of Rights on Divorce) Act, 1986, a
Muslim husband is liable to make reasonable and fair provision for the future of the divorced
wife.

This includes her maintenance as well.  Accordingly, the husband has to make a fair and
reasonable provision for the maintenance of the wife beyond the iddat period as per the terms
of Section 3 (1) (a) of the Act.

A divorced Muslim woman who has not remarried and who is not able to maintain herself after
iddat period can claim maintenance under Section 4 of this act from her relatives who are
entitled to her property after her death. This has provided additional rights to Muslim women.

Maintenance of the Children

Muslim Father is under the obligation to maintain his legitimate child until he attains the
puberty age. Under Muslim Law, the father has to maintain his son only until he attains
majority.

While he has to maintain his daughter until her marriage and till the time she goes to her
husband’s home. Under the law, the father is not under a duty to maintain the illegitimate
child.

Thus after perusing the above-mentioned facts, it can be easily concluded that the maintenance
provisions of Muslim Law are different from other personal laws and are very unique.

CASES
Mohd. Ahmad Khan v Shah. Bano Begum
This is a landmark case in which the Supreme Court in their delivered judgment stated that ‘ A
woman has a right to claim maintenance under Section 125 CrPC as the code is a criminal law
and not a civil law’. According to SC, there was no conflict between Section 125Cr. P.C and the
Muslim personal law as this section is a part of criminal procedure code and applies to all not
restricted to a particular caste, creed, or religion even if its nature is criminal and nature of
Muslim personal law is civil.

Daniel Latifi v. Union of India

The court in this case said that the Muslim husband’s liability under this act is not limited to the
Iddat period. He is supposed to make arrangements within this period of iddat for his wife’s
maintenance.

So the maintenance would also account for after the iddat period but the husband must
arrange it before the end of the iddat period. Also, the court held the Muslim women
(protection of rights on divorce) act 1986 as constitutional.

twari v. Ashgari

In this case, the Allahabad High Court held that if the husband has married a second wife, the
first wife can live separately and claim maintenance against him.

Conclusion
Thus, from the above article, it can be stated that the maintenance provisions of Muslim Law
are different from other personal laws. The provisions for maintenance of child are not a matter
of concern as they are provided adequate maintenance under the law but the position of the
wife is poor as compared to other laws. Though the legislature has enacted an act, it has not
created much difference in the condition of the wives. The proper efforts and contribution of
legislature and judiciary is required to improve the position of wife under Muslim Law
Environment law. (kajal patil)

Index
Q.1.Air Pollution ACT 1981
 Introduction-
 Short title, extent and commencement—
 Definitions
 What is an ‘air pollutant’ and what is ‘air pollution’? 
 What Boards are set up under this Act?
 Constitution of the Boards
 Penalties and procedures under this Act
 Procedures
 Case law
 Conclusion

Q.2.Noise pollution
 Introduction-
 Meaning-
 Human Diseases Caused by Noise Pollution
 Effects of Noise Pollution on Wildlife and Marine Life
 Social and Economic Costs of Noise Pollution
 Laws
 Procedure under the Act
 Analyses of Noise Pollution (Regulation and Control) Rules, 2000
 Conclusion
Q.1.Air Pollution ACT 1981
Introduction-
An Act to provide for the prevention, control and abatement of air pollution, for the
establishment, with a view to carrying out the aforesaid purposes, of Boards, for conferring on
and assigning to such Boards powers and functions relating thereto and for matters connected
therewith.

Short title, extent and commencement—

(1) This Act may be called the Air (Prevention and Control of Pollution) Act, 1981.

(2) It extends to the whole of India.

(3) It shall come into force on such date1 as the Central Government may, by notification in the
Official Gazette, appoint

Definitions
In this Act, unless the context otherwise requires,— (a) “air pollutant” means any solid, liquid or
gaseous substance 2 [(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;

(b) “air pollution” means the presence in the atmosphere of any air pollutant.

(c) “approved appliance” means any equipment or gadget used for the bringing of any
combustible material or for generating or consuming any fume, gas of particulate matter and
approved by the State Board for the purposes of this Act.

What is an ‘air pollutant’ and what is ‘air pollution’? 

Section 2(a) defines ‘air pollutant’ as any solid, liquid or gaseous substance that may be
harming or injuring the environment, humans, other living creatures, plants or even property.
Through a 1987 Amendment, the noise was also included in the list of substances that are
deemed to be harmful to the environment. Therefore, this Act also provides for the regulation
of noise pollution. 
Section 2(b) defines ‘air pollution’ as the presence of any air pollutant in the atmosphere. 

What Boards are set up under this Act?

Section 2(f) classifies the Boards to be set up under this Act under two categories: Central and
State Boards. 

Section 2(g) defines ‘Central Board’ as being the same as the ‘Central Pollution Control Board’
which has been constituted under Section 3 of the Water (Prevention and Control of Pollution)
Act 1974, which stipulates that this Board shall be set up by the Central Government of India,
for the purposes of the Act. This Board’s powers extend to the whole of India. 

Section 6 states that in the case of Union Territories, the Central Board shall exercise the
powers of a State Board under that Act, or it may even delegate these powers or functions to
any person or body of persons.

Section 2(o) defines ‘ State Board’ as a Board set up in those states where the Water
(Prevention and Control of Pollution) Act, 1974 is in effect and where the State Governments
have decided to set up these Boards. This Act also applies to States where the Water
(Prevention and Control of Pollution) Act 1974 is not in effect. ‘State Board’ is the same as the
’State Pollution Control Board’.  

Therefore, we observe that while the Water ( Prevention and Control of Pollution) Act 1974 in
the first instance, applies to only those States in which it has been given effect but the Air
( Prevention and Control of Air Pollution) Act 1981 applies to the whole of India in the first
instance. 

Constitution of the Boards

Section 3 and Section 4 of this Act state that the appropriate powers and functions shall be
given to the Central Board and the State Boards respectively, and they shall exercise these
powers and not go outside the ambit of these powers.

Powers and Functions of Central Board-

The main function of the Central Board shall be to improve the quality of air and to prevent,
control or abate air pollution in the country.

It may:

Advise the Central Government on any matter concerning the improvement of the quality of
air;
Plan and cause to be executed a nation-wide programme for the prevention, control or
abatement of air pollution.

Co-ordinate the activity of State and resolve disputes among them.

Provide technical assistance and guidance to the state boards, carry out and sponsor
investigations and research relating to problems of air pollution.

Organize through mass media a comprehensive programme regarding the prevention, control
or abatement of air pollution.

The Central Board may establish or recognize a laboratory to enable the Central Board to
perform its functions under this section efficiently.

Functions of State Boards shall be-

To plan a comprehensive programme for the prevention, control or abatement of air pollution;

To advise the State Government on any matter concerning the prevention of air pollution;

To inspect air pollution control areas at such intervals as it may think necessary, assess the
quality of air therein and take steps for the prevention of air pollution in such areas;

To inspect, at all reasonable times, any control equipment, industrial plant or manufacturing
process, and to give by order such directions to such person as it may consider necessary to
take steps for prevention of air pollution.

Penalties and procedures under this Act

Penalties

Under Section 37, whoever fails to comply with the provisions of Section 21, 22 and the
directions issued under Section 31A, can be sentenced to imprisonment for a term of one year
and six months. This sentence can be extended to six years and with fine, if the requisite
compliances under the aforesaid sections are still not carried out, with an additional fine of five
thousand rupees every day.

Under Section 38, penalties for certain acts are laid down. These acts are-

Destroying, defacing, removing etc any pillar, post, stake or notice fixed in the ground under the
authority of the Board.

Obstruction of any person acting under orders of the Board from exercising his powers and
functions under the Act.
Damaging any property belonging to the Board.

Failure to furnish information to an officer or any employee of the Board, which is required by
such officer or employee.

Failure to inform about the excess release of emissions than the standard set by the State
Board. Even an apprehension of the release of excess emissions should be informed to the
State Board.

Giving false statements to Board authorities when furnishing information.

Giving false information to the Board, for getting permission under Section 21 i.e. permission
for setting up industrial plants.

Procedures
Sections 42 to 46 cover procedures. Section 42 states that no suit, prosecution or another legal
proceeding shall lie against the government, any officer of the government or any member,
employee or officer of the Board, where the actions are done by such body or persons are done
or intended to be done in good faith in pursuance of this Act.

Section 43 states that the Court shall take cognizance of only those offences where the
complaint is made by-

A Board or any officer authorised under it

Any person who has given notice of not less than sixty days,of the alleged offence and his
intention to make a complaint to the Board or an officer authorised by it.

No court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of First Class shall
try any offence punishable under this Act.

Case law
M.C. Mehta v. Union of India 1991 SCR (1) 866 (Vehicular Pollution Case)

In this case, a writ petition was filed by M.C. Mehta regarding air pollution caused due to
vehicular emissions. He prayed for the Court to pass appropriate orders to prevent pollution.

The Court held that environmental protection is the responsibility of the State as enshrined in
the Directive Principles of State Policy and Articles 48A and 51A of the Constitution. The
Supreme Court observed that the right to a healthy environment was a basic human right and
this included the right to clean air, covered under the ambit of Article 21 of the Constitution. In
this way, the Court expanded the scope of Article 21 to include the right to a healthy
environment and clean air under the fundamental rights. 

This paved the way for the introduction of lead-free petrol supply in Delhi and paved the way
for the introduction of compressed natural gas (CNG). The Court also assisted in setting up a
committee that was not just aimed at litigation but also finding long term solutions to the air
pollution problem in Delhi.

Conclusion
It is observed that the legislation to deal with air pollution is pretty strict and well formulated. It
encompasses the scientific aspects of managing air pollution with the actions of State and
Central bodies. The Pollution Control Boards are bestowed with a wide range of powers and
functions to check emission limits and take appropriate action. However, enforcement still
remains lax.

Q.2.Noise pollution
Introduction-
It is the loud noises which are fashioned by human activities that disturb the standard of living
in the affected area. It can shoot from things such as railroads, traffic, loud music, concerts,
aeroplanes fireworks etc. This can even result in permanent or temporary loss of hearing as
well as disturbances to wildlife. Noise pollution, also known as environmental noise or sound
pollution, is the propagation of noise with ranging impacts on the activity of human or animal
life, most of them harmful to a degree. The source of outdoor noise worldwide is mainly caused
by machines, transport, and propagation systems.

Meaning-
Noise pollution is generally defined as regular exposure to elevated sound levels that may lead
to adverse effects in humans or other living organisms. ... construction sounds like drilling or
other heavy machinery in operation. airports, with constant elevated sounds from air traffic, i.e.
planes taking off or landing.
Human Diseases Caused by Noise Pollution
Whether we realize we are subjected to it or not, noise pollution can be hazardous to our
health in various ways.

Hypertension is, in this case, a direct result of noise pollution caused elevated blood levels for a
longer period of time.

Hearing loss can be directly caused by noise pollution, whether listening to loud music in your
headphones or being exposed to loud drilling noises at work, heavy air or land traffic, or
separate incidents in which noise levels reach dangerous intervals, such as around140 dB for
adult or 120 dB for children.

Sleep disturbances are usually caused by constant air or land traffic at night, and they are a
serious condition in that they can affect everyday performance and lead to serious diseases.

Child development. Children appear to be more sensitive to noise pollution, and a number of
noise-pollution-related diseases and dysfunctions are known to affect children, from hearing
impairment to psychological and physical effects. Also, children who regularly use music players
at high volumes are at risk of developing hearing dysfunctions. In 2001, it was estimated that
12.5% of American children between the ages of 6 to 19 years had impaired hearing in one or
both ears

Various cardiovascular dysfunctions. Elevated blood pressure caused by noise pollution,

especially during the night, can lead to various cardiovascular diseases.

Dementia isn’t necessarily caused by noise pollution, but its onset can be favored or
compounded by noise pollution.

Psychological dysfunctions and noise annoyance. Noise annoyance is, in fact, a recognized

name for an emotional reaction that can have an immediate impact.

Effects of Noise Pollution on Wildlife and Marine Life

Our oceans are no longer quiet. Thousands of oil drills, sonars, seismic survey devices, coastal
recreational watercraft and shipping vessels are now populating our waters, and that is a
serious cause of noise pollution for marine life. Whales are among the most affected, as their
hearing helps them orient themselves, feed and communicate. Noise pollution thus interferes
with cetaceans’ (whales and dolphins) feeding habits, reproductive patterns and migration
routes, and can even cause hemorrhage and death.
Other than marine life, land animals are also affected by noise pollution in the form of traffic,
firecrackers etc., and birds are especially affected by the increased air traffic.

Social and Economic Costs of Noise Pollution

The World Health Organization estimates that one out of three people in Europe is harmed by
traffic noise. More than the purely medical effects of noise pollution on the individual, there is a
significant social and economic impact. Since noise pollution leads to sleep disturbance, it
affects the individual’s work performance during the day, it leads to hypertension and
cardiovascular disease and costs the health system additional time and money, and it negatively
affects school performance in children.

Laws
Earlier, noise pollution and its sources were addressed under the Air (Prevention and Control of
Pollution) Act, 1981.

They are now, however, regulated separately under the Noise Pollution (Regulation and
Control) Rules, 2000.

Additionally, noise standards for motor vehicles, air-conditioners, refrigerators, diesel

generators and certain types of construction equipment are prescribed under the Environment
(Protection) Rules, 1986.

Noise emanating from industry is regulated by State Pollution Control Boards / Pollution
Control Committees (SPCBs / PCCs) for states / Union territories under the Air (Prevention and
Control of Pollution) Act, 1981.

Procedure under the Act

Under these Rules the loudspeakers or public address system shall not be used except after
obtaining written permission from the competent authority or a loudspeaker or public address
system shall not be used at night (between 10.00 p.m. to 6.00 a.m.) except in closed premises
for communication within, e.g., auditorium, conference rooms, community halls and banquet
halls.

Under these Rules, whoever, in any place covered under the silence zone area commits any
offence relating to noise pollution shall be liable for penalty under the provisions of the Act or
the competent authority shall take action against the violator in accordance with the provisions
of these Rules and any other law in force.
Thus, these are the various provisions provided under the Noise Pollution (Regulation and
Control) Rules, 2000. But these Rules are inadequate to cover the whole area for controlling
noise pollution. Recently, the Supreme Court gave directions to an amicus curiae to give
suggestions to implement the noise standards with regard to fire crackers. In response to the
court’s earlier order issued in 1998, inability has been shown about implementing noise
standards prescribed under the Rules of 2000 because of lack of manpower as well as
equipment and infrastructure for enforcing the noise pollution. The Central Pollution Control
Board suggested that power to issue licences for manufacture and sale of fire crackers should
be vested in State Government.

Analyses of Noise Pollution (Regulation and Control) Rules, 2000

The critical examination of the Act and experience during past years has proved that the Act is
inadequate and insufficient for controlling the noise pollution. The various drawbacks of the Act
are as follows:

Present Rules under the Act does not cover the whole area for controlling of noise pollution. It
only covers the noise of loudspeakers and amplifiers within the area of its operation. The noise
of aircrafts, trains, domestic animals, transport, industry and commercial establishments has
not been covered by the Rules.

The punishment provided under the Rules is not adequate and deterrent as compared to effect
of noise on the health and environment. Because of providing less punishment the Act becomes
inadequate. No time? limit is prescribed in the Rules for trial under the Act. The delay in the
decision frustrates the object of the Act.

There are no provisions made under the Rules for public awareness, public participation or
public coordination for controlling the noise pollution.

There is wide gap between the Act in theory and its implementation in practice.

Under Rule 4(2) of the Act authority is responsible for the enforcement of noise pollution
control measures. But the role of the authority to control the noise pollution is inactive.

There is no provision for coordination between the different departments of Government in the
Rules for controlling noise pollution. For example in the same areas, the Planning Department
of the city sanctions the plans for construction of residential houses and on the other hand, the
Industrial Department grants the licences for factories. As a result the inhabitants are facing lot
of difficulties in such areas due to industrial pollution. Therefore, the coordination among
various departments of the Government must be ensured under these Rules.
There are no provisions for permanent restrictions on noise producing areas for controlling of
noise pollution.

Conclusion
The study reveals that the law, pertaining to noise control is inadequate to curb the problem of
noise pollution. The constitutional provisions and various legislative enactments are insufficient
for controlling the noise pollution. We find that the remedies available in Law of Torts and Law
of Crimes are inadequate to control the noise pollution. It is very difficult to place restrictions
on noise produced by railway engines and aeroplanes. The Environment (Protection) Act, 1986
is inadequate to curb the problem of noise pollution.

Thank you