Module III: Prevention and Control of Noise Pollution

Noise Pollution
Meaning & Definition
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.

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.

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 according 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.
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.

Sources of Noise Pollution

o Noise pollution like other pollutants is also a by- product of industrialization, urbanizations
and modern civilization.
o Broadly speaking, the noise pollution has two sources, i.e. industrial and non- industrial.
o The industrial source includes the noise from various industries and big machines working at
a very high speed and high noise intensity.
o Non- industrial source of noise includes the noise created by transport/vehicular traffic and
the neighborhood noise generated by various noise pollution can also be divided in the
categories, namely, natural and manmade.
o Most leading noise sources will fall into the following categories: roads traffic, aircraft,
railroads, construction, industry, noise in buildings, and consumer products.

 Traffic Noise- Except for the new generations of electric cars and bikes almost all the
vehicles release a high amount of noise. India is already the second most populous country
in the world and a lot of people own either a four-wheeler or a two-wheeler vehicle or both.
A normal car releases around 85 dB of noise and a bike releases around 90 dB of noise.
Additionally, Indians have a bad habit of honking the horn of their vehicles which
additionally causes much more noise pollution.

 Air-Craft Noise- Passenger planes, cargo planes, low flying military aircraft all of them
combine together to cause more noise pollution. Initially, passenger planes were out of the
picture but with new airports building near housing societies, the passenger planes are
causing more problems than ever.

 Noise due to commercial and industrial activities- Globalisation and Modernisation of India
has led to an emphatic increase in a number of large industries and low-level industries.
Most of the industries require heavy machinery to work and function. Even though industries
do not affect communities that much but the noise pollution.

 Noise from social gathering or event- Parties, religious ceremonies, clubs etc they all fall
under the category of social gathering or event. Even such social gatherings also create quite
a nuisance and cause a considerable amount of noise pollution.

 Household noise- The scope of noises from household sources are too large but some typical
examples would be barking of pet dogs, playing loud music at your house, usage of various
kitchen appliances and more. Even such actions cause noise pollution in the environment.

Harmful Effects of Noise Pollution

Whatever the source may be for noise pollution but the fact is noise pollution is harmful to
human beings, animals and the environment as a whole. Initially, noise pollution was not
evident and it did not cause much concern but in the last century noise pollution has been
pervasive and intense. The harmful effects of noise pollution are as follows:
 Lack of concentration- Noise pollution results in lack of concentration in many individuals.
If a work environment is quiet then it leads to higher productivity of a person. High level of
noise can cause headaches which can act as a barrier for a high level of concentration.
 Blood pressure- Noise pollution increases the tension in a human being. These tensions
further put pressure in a person’s mental health and as a result, it leads to high blood
pressure.

 Abortion- During the delivery of a baby there is an absolute requirement for a cool and calm
environment, if there is too much noise then it irritates the baby and it can actually lead to
abortion.

 Deafness- This is easily one of the most common harmful effects of noise pollution. If a
person exposes themselves to a high level of noise for an extended period of time it can
easily cause temporary or permanent deafness in a human being.

 Effects on plants and crops- Plants are similar to human beings and even they are sensitive to
loud noises. When crops are exposed to too much noise then the quality of the crops
drastically reduces.

 Effects on animals- Noise pollution is particularly very dangerous for animals. Their nervous
system is damaged due to noise pollution. Since they do not have the intelligence of humans
so they are much more vulnerable to the ill effects of noise pollution compared to human
beings.

Statutory Provisions related to Noise Pollution in India

There are various statutory provisions related to noise pollution in India. Such provisions are
spread across various laws and amendments and the various statutory provisions are as
follows-
Constitution of India
Article 19(1)(a):
This article guarantees the right to freedom of speech and expression to all citizens of India.
However, this right is not absolute and is subject to reasonable restrictions. The state can
impose restrictions on the exercise of this right in the interest of public order, decency, or
morality. In the context of noise pollution, this provision allows the government to regulate
activities that produce excessive noise in order to protect the rights of individuals to peaceful
and quiet enjoyment of their surroundings.
According to the Kerala High Court, freedom of speech under Article 19(1)(a) of the Indian
Constitution does not include the freedom to use loud speakers or sound amplifiers. This means
that noise pollution caused by loud speakers can be controlled under Article 19(1)(a).
 Case: A. V. Mujumdar v. State of Maharashtra (2005): In this case, the Bombay High Court
held that the right to freedom of speech and expression under Article 19(1)(a) is subject to
reasonable restrictions. The court emphasized that while individuals have the right to express
themselves, this right must be balanced against the rights of others, including the right to a
clean and healthy environment. Excessive noise resulting from unrestricted expression can
infringe upon the rights of others to peaceful enjoyment of their surroundings, thus justifying
regulations to control noise pollution.

Article 21:
This article guarantees the right to life and personal liberty to all persons. Over the years, the
Indian judiciary has interpreted this right expansively to include the right to a clean and healthy
environment. Noise pollution adversely affects the quality of life and can impact health and
well-being. Therefore, Article 21 provides a constitutional basis for the protection against noise
pollution, enabling the state to take measures to safeguard the environment and public health.
 The National Green Tribunal says that if someone increases their volume of speech with the
help of artificial devices to expose unwilling people to noise, they are violating the right of
others to a peaceful, comfortable, and pollution-free life.
 The Supreme Court of India has held that noise interferes with the fundamental right of
citizens to live in peace and to protect themselves against forced audience. The court has
also held that no noise pollution can be permitted between 10 PM and 6 AM, which is the
time for people to sleep and have peace.

 Case: Subhash Kumar v. State of Bihar (1991): In this landmark case, the Supreme Court of
India held that the right to life under Article 21 includes the right to a clean environment.
The court emphasized that environmental pollution, including noise pollution, can have a
detrimental impact on public health and well-being, thereby violating the fundamental right
to life. This judgment laid down the principle that the state has a duty to protect and improve
the environment for the benefit of its citizens.

 Church of God (Full Gospel) in India v. KKR Majestic Colony Welfare Association (2000):
In this case, the Supreme Court held that the right to a peaceful environment is an integral
part of the right to life guaranteed under Article 21. The court emphasized that excessive
noise pollution resulting from religious activities, such as the use of loudspeakers, can
infringe upon the right of individuals to a peaceful and quiet environment. Therefore, the
state has the authority to regulate such activities to prevent public nuisance and protect the
rights of citizens.

Article 25:
This article guarantees the freedom of conscience and the right to freely profess, practice, and
propagate religion to all persons. However, this right is also subject to public order, morality,
and health. In cases where religious practices involve the use of loudspeakers or other sources
of noise that may contribute to noise pollution, the state has the authority to regulate such
practices to ensure they do not infringe upon the rights of others or create public nuisance.
 Case: Church of God (Full Gospel) in India v. KKR Majestic Colony Welfare Association
(2000): Apart from its relevance to Article 21, this case is also significant in the context of
Article 25. The Supreme Court held that while individuals have the freedom to practice and
propagate their religion under Article 25, this freedom is subject to reasonable restrictions in
the interest of public order, health, and morality. Therefore, religious practices involving the
use of loudspeakers or other sources of noise that cause public nuisance can be regulated by
the state to maintain peace and harmony in society.

The Code of Criminal Procedure

Section 133
This section of The Code of Criminal Procedure empowers an executive magistrate, district
magistrate or sub-divisional magistrate to conditionally remove something that is causing a
nuisance.
So this provision can be used or utilised in case of nuisance caused by noise. So if the executive
magistrate, district magistrate or sub-divisional magistrate receives a report from a police
officer or from some other source that loud noises are causing unlawful obstruction or nuisance
and the source of such loud noises must be removed from public places which are lawfully used
by the public then the executive magistrate, district magistrate or sub-divisional magistrate
within a fixed time can order removal of such nuisance. If the executive magistrate, district
magistrate or sub-divisional magistrate doesn’t take the required action then, in that case, this
section can be called into question in a Civil Court.
 Case: Datar Meters Ltd. v. CESC Ltd. (2003): In this case, the Calcutta High Court dealt
with a situation where noise emanating from a transformer station was causing a nuisance to
residents nearby. The court invoked Section 133 of the CrPC and directed the authorities to
take necessary steps to abate the nuisance caused by the noise. The court held that the
continuous noise from the transformer station constituted a public nuisance, and it was
within the jurisdiction of the Magistrate to issue appropriate orders to remedy the situation.

Indian Penal Code

Chapter 14 of the Indian Penal Code deals with certain offences. Such offences are any action
that affects public health or safety. Section 268, Section 287, Section 288, Section 290, Section
291 and Section 294 deals with noise pollution.
Section 268
Section 268 talks about public nuisance and any person who is guilty of any public nuisance if
that person commits an act which can cause injury to any person, which may irritate the general
public or which can cause any general obstruction. So causing noise pollution also comes under
the provisions of Section 268.

Section 287
Section 287 talks about irresponsible use of any machinery. Any person who irresponsibly
handles any machinery which later causes injury or harm to someone. So if someone is causing
noise pollution with a machine then, in that case, that person may attract imprisonment up to 6
months or a fine of Rs. 1000.

Section 288
Section 288 states that when a building is under the process of construction or repairmen then in
that case if a person negligently causes injury to someone then that person is liable for
imprisonment for a term of 6 months along with a fine of Rs. 1000.
Now during construction or repair of buildings, there is significant noise pollution. So such
noise pollution can easily result in harming an individual or the general public and if something
like that happens then the offender is punished under Section 288 of the Indian Penal Code.

Section 290
Section 290 talks about any other form of public nuisance which has not been mentioned under
the Indian Penal Code. So basically if there is any noise related incident which has not been
mentioned under the code and such noise related incident is causing some form of a public
nuisance then, in that case, the offender is served a fine of Rs. 200.

Section 291
Section 291 states that if a person still continues causing public nuisance even when the person
has been served injunction by a Court of law and such injunction is already ordering the person
to not repeat such acts then in that case the person is punished with imprisonment of 6 months
or he can be fined.
Section 294
Section 294 talks about indecent songs and it further state if a person plays or recite or sing such
indecent songs then in that he is causing a nuisance. Such an offender is jailed for a term of 3
months with fine or both.
Law of Torts
Noise pollution can be included under the offence of nuisance under the law of torts.
A private nuisance occurs when an individual's use or enjoyment of their property is
unreasonably interfered with by another person's activities. Noise pollution, such as loud music,
construction noise, or industrial activities, can constitute a private nuisance if it substantially
and unreasonably interferes with someone's use and enjoyment of their property.
Any person who is facing an issue due to such noise pollution can file a civil suit to claim
damages.

Motor Vehicle Act

The Motor Vehicles Act, 1988 does not specifically address noise pollution in detail, it provides
provisions that empower the Central and State Governments to regulate and control noise
emissions from motor vehicles through rules and regulations.
Under the Motor Vehicles Act, the Central Government has the authority to prescribe standards
for noise emissions from motor vehicles through the Central Motor Vehicles Rules, 1989. These
rules set limits on the permissible levels of noise emitted by different categories of motor
vehicles, including motorcycles, cars, trucks, and buses.
Additionally, the State Governments have the power to further regulate noise emissions from
motor vehicles within their respective jurisdictions. They can enforce stricter standards or
impose additional measures to control noise pollution caused by vehicular traffic.
The enforcement of noise pollution regulations related to motor vehicles typically involves
measures such as:
o Mandating the use of mufflers or silencers to reduce noise emissions from vehicle
exhaust systems.
o Conducting regular inspections and emissions testing to ensure compliance with noise
standards.
o Imposing penalties, fines, or other punitive measures on vehicle owners or operators
found to be in violation of noise pollution regulations.
 The Motor Vehicles (Amendment) Act, 2019
The Motor Vehicles (Amendment) Act, 2019, introduced several amendments to the existing
Motor Vehicles Act, 1988, to address various issues related to road safety, traffic management,
and environmental protection, including noise pollution caused by motor vehicles. While the
Act does not explicitly focus solely on noise pollution, it includes provisions that indirectly
contribute to the regulation and control of noise emissions from motor vehicles.
Some of the relevant provisions in the Motor Vehicles (Amendment) Act, 2019, related to noise
pollution are:
Section 52(1)- Power to make rules for preventing noise: This section empowers the Central
Government to make rules for preventing, controlling, and regulating noise pollution emanating
from motor vehicles. These rules can prescribe standards for noise emissions, specify
permissible noise levels, and lay down procedures for testing and certification of vehicles to
ensure compliance with noise standards.

Section 190- Offenses by enforcing authorities: This section empowers authorized officers,
including police officers and other officials, to enforce provisions related to noise pollution
under the Motor Vehicles Act. They have the authority to take action against violations of noise
emission standards by motor vehicles, including issuing fines or penalties to offenders.

Section 190A- Monitoring and enforcement of pollution control standards: This section
mandates the establishment of a system for monitoring and enforcing pollution control
standards for motor vehicles, including noise emissions. It requires the Central Government to
establish testing facilities and procedures to assess compliance with noise standards and take
appropriate measures to address non-compliance.

Section 210- Power of State Government to make rules: State Governments are empowered
under this section to make rules for the prevention and control of pollution, including noise
pollution, caused by motor vehicles within their respective territories. These rules can
complement the provisions of the Motor Vehicles Act and prescribe additional measures to
address specific regional concerns regarding noise pollution.

The Noise Pollution (Regulation and Control) Rules, 2000

The Noise Pollution (Regulation and Control) Rules, 2000, are a set of rules enacted under the
Environment (Protection) Act, 1986, specifically aimed at regulating and controlling noise
pollution in India. These rules provide comprehensive guidelines and standards for the
prevention and mitigation of noise pollution across various sources, including industrial
activities, construction sites, vehicular traffic, and other sources of noise.

 Classification of areas: The rules classify areas into industrial, commercial, residential, and
silence zones based on their sensitivity to noise pollution. Different permissible noise levels
are specified for each category of area.
 Permissible noise levels: The rules prescribe maximum permissible noise levels in terms of
decibel (dB) limits for various time periods (daytime and nighttime) and different zones.
For example, the noise standard for day time in
- industrial areas are 75 dB,
- commercial areas are 65 dB,
- residential areas are 55 dB and
- for silence zone is 50 dB.
The noise standard for night time in
- industrial areas is 70 dB,
- commercial areas are 55 dB,
- residential areas is 45 dB and
- for silence zone is 40 dB.
[Silence Zone: Within the area of 100 meters of any hospital, schools, universities and court premises must be
declared as silence zone and minimal noise shall be made in the 100 meters range.]

 Restrictions on vehicular horns: The rules prohibit the use of multi-toned horns, pressure
horns, and horns emitting a harsh, shrill, or alarming noise. Only horns that emit a sound not
exceeding 112 dB(A) are permitted.

 Procedures for measurement and monitoring: The rules prescribe procedures for the
measurement and monitoring of noise levels using sound level meters and other appropriate
instruments. Authorized agencies are designated to carry out noise monitoring and enforce
compliance with the prescribed noise standards.

 Enforcement and penalties: The rules stipulate the responsibilities of various authorities,
including the Central Pollution Control Board (CPCB) and State Pollution Control Boards
(SPCBs), for enforcing noise pollution regulations. Violations of the rules can result in
penalties, fines, or other punitive measures as per the provisions of the Environment
(Protection) Act, 1986.
 Exemptions: Certain activities, such as processions, religious ceremonies, and cultural
events, may be exempted from the prescribed noise standards under specific conditions and
with prior permission from the competent authority.

The Police Act, 1861

The Police Act, 1861, does not specifically address noise pollution, it does provide the police
with certain powers and duties that can be relevant in addressing noise-related issues, including
noise pollution.
 Maintenance of public order: Section 23 of the Police Act, 1861, empowers police officers
to maintain public order and prevent public nuisances. Excessive noise that causes
annoyance or inconvenience to the public can be considered a public nuisance, and the
police may take action to abate such nuisances.

 Dispersal of assemblies: Section 46 of the Police Act, 1861, authorizes police officers to
disperse any assembly of five or more persons that may potentially lead to a breach of peace.
This provision can be invoked in situations where noisy gatherings or demonstrations
threaten public order or cause disturbance to the peace.

 Arrest and detention: The Police Act, 1861, provides police officers with powers of arrest
and detention for the prevention and investigation of offenses. If noise pollution amounts to
a criminal offense under relevant laws or regulations, the police may arrest and take
appropriate legal action against offenders.

The Workmen’s Compensation Act, 1923

 The Workmen’s Compensation Act, 1923, primarily deals with providing compensation to
workers for injuries or disabilities arising out of and in the course of their employment.
While this Act does not specifically address noise pollution, it may become relevant in
situations where workers suffer hearing impairments or other health issues due to exposure
to excessive noise levels in the workplace.

 Under the Workmen’s Compensation Act, employers are liable to compensate workers for
occupational injuries or diseases that arise in the course of their employment. If a worker
develops hearing loss or any other health condition due to prolonged exposure to high levels
of noise in the workplace, they may be eligible for compensation under this Act.
 It's worth noting that noise-induced hearing loss and other health effects associated with
noise exposure are recognized occupational hazards, particularly in industries such as
manufacturing, construction, mining, and transportation. Employers have a duty to provide a
safe working environment and take measures to control noise levels to prevent occupational
health hazards.

 While the Workmen’s Compensation Act, 1923, does not explicitly mention noise pollution,
its provisions can be invoked to seek compensation for work-related health issues caused by
excessive noise exposure. Employers are encouraged to implement noise control measures,
provide personal protective equipment, and comply with occupational health and safety
regulations to minimize the risk of noise-induced health problems among their workers.

The Factories Act, 1948

The Factories Act, 1948, is a crucial legislation in India that aims to regulate the working
conditions in factories and ensure the health, safety, and welfare of workers. In the context of
noise pollution, the Factories Act, 1948, contains specific provisions aimed at controlling and
mitigating the adverse effects of noise exposure on factory workers.

 Section 11- Restrictions on working hours of children: This section prohibits the
employment of children in factories during certain hours, including periods when noise
levels may be excessive. It aims to protect children from exposure to hazardous working
conditions, including excessive noise.

 Section 34- Provisions regarding safety: This section requires factory owners to maintain a
safe working environment, which includes preventing or controlling exposure to hazardous
substances, including noise. It mandates the installation and maintenance of machinery in a
manner that minimizes noise emissions.

 Section 87- Power to make rules: Under this section, the appropriate government is
empowered to make rules for carrying out the purposes of the Act, including rules related to
noise pollution. These rules may prescribe standards for permissible noise levels in factories,
specify measures for noise control and mitigation, and outline procedures for compliance
and enforcement.

 Section 88- Health measures: This section mandates factory owners to provide adequate
facilities for the health and welfare of workers, including measures to protect workers from
occupational hazards such as noise pollution. It may include providing personal protective
 equipment (PPE), conducting regular health assessments, and implementing noise control
measures.

 Section 89- Power to require specifications of defective parts or tests of stability: If a factory
inspector finds that any part of the machinery or plant in a factory is in a dangerous state or
condition due to excessive noise emissions, they may require the factory owner to specify
such parts or conduct tests to ensure stability and safety.

Case laws related to noise pollution in India

Moulana Mufti Syed vs State of West Bengal and ORS. 1998:

In this case, there were certain restrictions imposed in the State of West Bengal regarding the
use of microphones. The restriction was that microphones cannot be used from 9 p.m. to 7 a.m.
and only public authorities can use microphones in that time period.
The petitioners filed a writ application. The petitioners stated that azaan is part of their religion
and such restrictions are violating their Article 25 which allows freedom of religion.
The court disposed of their petition and it stated that other people cannot be forced to listen to
such azaan and the following restriction is not violating their Article 25 by any means and the
police under the state of West Bengal were directed to confiscate any microphone used before 7
a.m.

Ram Autar vs State of Uttar Pradesh, 1962:

The appellant, in this case, used to sell vegetables. In the process of selling, he used to auctions
the price of vegetables which caused disruptions and nuisance. This auctioning was used to be
carried out in private but still, it caused disruptions. The Court passed a restraining order in
auctioning.
Later the Supreme Court repealed the orders and stated that under Section 133 of CrPC and
stated that Section 133 was not made to stop such trade merely on the ground of disruption and
discomfort. Hence, the appellant was allowed.

Church of God (Full Gospel) in India v. KKR Majestic Colony Welfare Association (2000):
This case is a significant judgment delivered by the Supreme Court of India. It deals with the
issue of noise pollution arising from the use of loudspeakers during religious ceremonies and
the balance between religious freedoms and the right to a peaceful environment.

Background:
The case involved a dispute between the Church of God (Full Gospel) in India and the residents
of KKR Majestic Colony in Bangalore, Karnataka. The residents filed a petition seeking relief
from noise pollution caused by the use of loudspeakers by the church during religious
ceremonies, particularly early morning prayers and late-night events.

Key Issues:
 Whether the use of loudspeakers by the church constituted a public nuisance and
infringed upon the residents' right to a peaceful environment.
 Balancing the right to freedom of religion under Article 25 of the Constitution of India
with the right to a peaceful environment.

Court's Decision:
The Supreme Court delivered a landmark judgment in this case, addressing the following key
points:
Public Nuisance: The court held that the excessive use of loudspeakers by the church, especially
during early morning and late-night hours, constituted a public nuisance. It interfered with the
residents' right to sleep and enjoy a peaceful environment in their homes.
Religious Freedom vs. Public Interest: While acknowledging the importance of the right to
freedom of religion under Article 25 of the Constitution, the court emphasized that this right is
subject to reasonable restrictions in the interest of public order, health, and morality. It held that
the use of loudspeakers must be regulated to prevent public nuisance and maintain harmony in
society.
Regulatory Measures: The court directed the church to restrict the use of loudspeakers within
permissible limits and at reasonable hours. It emphasized the need for prior authorization from
the local authorities for using loudspeakers during religious events and the enforcement of noise
pollution control regulations.

Significance:
The Church of God case is significant as it established important principles regarding the
regulation of noise pollution arising from religious activities. It underscores the need to strike a
balance between religious freedoms and the right to a peaceful environment, emphasizing the
importance of regulating the use of loudspeakers to prevent public nuisance and protect the
rights of residents. This judgment has been cited in subsequent cases involving noise pollution
from religious institutions and has influenced regulatory measures to address such issues
effectively.