Professional Documents
Culture Documents
It is a process of evaluating the likely environmental impacts of a proposed project or development, taking
into account inter-related socio-economic, cultural, and human-health impacts, both beneficial and adverse.
EIA is a tool used to assess the positive and negative environmental, economic, and social impacts of a
project. This is used to predict the environmental impacts of a project in the pre-planning stage itself so that
decisions can be taken to reduce the adverse impacts.
1. The birth of EIA is dated back to the 1970s. In 1969, The USA had brought its first National
Environment Policy Act (NEPA) 1969.
2. The EIA was initially practised by developed nations but slowly it was also introduced in developing
nations including India.
3. Columbia and the Philippines are the earliest examples of developing nations who introduced EIA in
their policies. Columbia brought it in 1974 while the Philippines in 1978.
4. Worldwide, EIA is now practised in more than 100 countries. By the mid-1990s, some 110 countries
applied EIA as a major environmental policy.
5. In 1989, EIA was adopted as the major development project by the World Bank.
History of EIA in India
The Indian experience with Environmental Impact Assessment began over 20 years back. It
started in 1976-77 when the Planning Commission asked the Department of Science and
Technology to examine the river-valley projects from an environmental angle.
Till 1994, environmental clearance from the Central Government was an administrative
decision and lacked legislative support.
On 27 January 1994, the then Union Ministry of Environment and Forests, under the
Environmental (Protection) Act 1986, promulgated an EIA notification making Environmental
Clearance (EC) mandatory for expansion or modernisation of any activity or for setting up new
projects listed in Schedule 1 of the notification.
The Ministry of Environment, Forests and Climate Change (MoEFCC) notified new EIA
legislation in September 2006.
EIA involves the steps mentioned below. However, the EIA process is cyclical with interaction between the
various steps.
Screening: The project plan is screened for scale of investment, location and type of
development and if the project needs statutory clearance.
Scoping: The project’s potential impacts, zone of impacts, mitigation possibilities and need for
monitoring.
Collection of baseline data: Baseline data is the environmental status of study area.
Impact prediction: Positive and negative, reversible and irreversible and temporary and
permanent impacts need to be predicted which presupposes a good understanding of the project
by the assessment agency.
Mitigation measures and EIA report: The EIA report should include the actions and steps for
preventing, minimizing or by passing the impacts or else the level of compensation for probable
environmental damage or loss.
Public hearing: On completion of the EIA report, public and environmental groups living
close to project site may be informed and consulted.
Decision making: Impact Assessment Authority along with the experts consult the project-in-
charge along with consultant to take the final decision, keeping in mind EIA and EMP
(Environment Management Plan).
Monitoring and implementation of environmental management plan: The various phases
of implementation of the project are monitored.
Assessment of Alternatives, Delineation of Mitigation Measures and Environmental
Impact Assessment Report: For every project, possible alternatives should be identified, and
environmental attributes compared. Alternatives should cover both project location and process
technologies.
o Once alternatives have been reviewed, a mitigation plan should be drawn up for
the selected option and is supplemented with an Environmental Management Plan
(EMP) to guide the proponent towards environmental improvements.
Risk assessment: Inventory analysis and hazard probability and index also form part of EIA
procedures.
Stakeholders in the EIA Process
Applicability: There are several projects with significant environmental impacts that are
exempted from the notification either because they are not listed in schedule I, or their
investments are less than what is provided for in the notification.
Composition of expert committees and standards: It has been found that the team formed for
conducting EIA studies is lacking the expertise in various fields such as environmentalists,
wildlife experts, Anthropologists and Social Scientists.
Public hearing:
o Public comments are not considered at an early stage, which often leads to conflict
at a later stage of project clearance.
o A number of projects with significant environmental and social impacts have been
excluded from the mandatory public hearing process.
o The data collectors do not pay respect to the indigenous knowledge of local
people.
Quality of EIA: One of the biggest concerns with the environmental clearance process is
related to the quality of EIA report that are being carried out.
Lack of Credibility: There are so many cases of fraudulent EIA studies where erroneous
data has been used, same facts used for two totally different places etc.
Often, and more so for strategic industries such as nuclear energy projects, the EMPs are kept
confidential for political and administrative reasons.
o Details regarding the effectiveness and implementation of mitigation measures are
often not provided.
o Emergency preparedness plans are not discussed in sufficient details and the
information not disseminated to the communities.
Biomedical waste may be solid or liquid. Examples of infectious waste include discarded blood, sharps,
unwanted microbiological cultures and stocks, identifiable body parts (including those as a result
of amputation), other human or animal tissue, used bandages and dressings, discarded gloves, other medical
supplies that may have been in contact with blood and body fluids, and laboratory waste that exhibits the
characteristics described above. Waste sharps include potentially contaminated used (and unused discarded)
needles, scalpels, lancets and other devices capable of penetrating skin.
Biomedical waste is generated from biological and medical sources and activities, such as the diagnosis,
prevention, or treatment of diseases. Common generators (or producers) of biomedical waste
include hospitals, health clinics, nursing homes, emergency medical services, medical research laboratories,
offices of physicians, dentists, veterinarians, home health care and morgues or funeral homes. In healthcare
facilities (i.e. hospitals, clinics, doctor's offices, veterinary hospitals and clinical laboratories), waste with
these characteristics may alternatively be called medical or clinical waste.
Biomedical waste is distinct from normal trash or general waste, and differs from other types of hazardous
waste, such as chemical, radioactive, universal or industrial waste. Medical facilities generate waste
hazardous chemicals and radioactive materials. While such wastes are normally not infectious, they require
proper disposal. Some wastes are considered multihazardous, such as tissue samples preserved in formalin.
Biomedical waste is any waste containing infectious or potentially infectious materials. These wastes are
generated during the diagnosis, treatment, and immunization of humans and animals.
Biomedical wastes can be in both solid and liquid forms. Examples of biomedical wastes include:
Waste sharps such as needles, lancets, syringes, scalpels, and broken glass
Human tissues or identifiable body parts (as a result of amputation)
Animal tissues and waste from veterinary hospitals
Used bandage, dressings, gloves, and other medical supplies
Liquid waste from infected areas
Laboratory wastes
Biomedical wastes are distinct from regular garbage and require particular disposal and treatment.
1. Yellow Bin: For anatomical waste, chemical waste, soiled waste, chemotherapy waste, discarded
linen and medicines, and laboratory waste.
2. Red Bin: For contaminated plastic wastes
3. Blue Bin: For glass waste and metallic implants
4. Black Bin: For hazardous and other waste
The wastes in each of the bins have different treatment and disposal methods.
Doctors, nurses, and sanitation workers are amongst the most vulnerable to the harmful effects of
biomedical waste.
At a time of rapid emergence of new strains of the novel coronavirus, the importance of appropriate
treatment of medical wastes cannot be more emphasized. The various technologies that can be used for
treatment include:
Incineration
Chemical Disinfection
Wet Thermal Treatment
Microwave Irradiation
Land Disposal
Inertization
Biomedical Waste Management:
Biomedical waste management is of prodigious impact because biomedical waste can harmfully affect
health leading to serious implications to the people who get in touch with it. Segregation, storage and safe
disposal of the waste is very crucial to the effective management of biomedical waste in a workplace.
1. Red bag: Recyclable contaminated waste such as bottles, intravenous tubes, catheters, urine bags,
syringes and gloves.
2. Yellow bag: Human and animal anatomical waste, soiled waste including items contaminated
with blood, body fluids like dressings, plaster casts, cotton swabs, expired or discarded medicines,
chemical waste (liquid), rejected linen, mattresses, beddings infected with blood or body fluid,
microbiology, biotechnology and other medical laboratory waste.
3. Black bag: Incineration ash and chemical waste (solid).
4. White bag: Waste sharps including needles, scalpels, blades, or any other contaminated sharp
object that may cause puncture and cuts.
5. Blue bag: Metallic body implants and glassware such as medicine vials, ampoules.
Biomedical waste classification – categories, treatment, processing, and disposal options
Storage of Biomedical Waste:- Healthcare facilities must make available a storage area for medical waste
until it is collected for treatment and clearance. Storage area should be designated carefully which is remote
to the general public and must display cautionary symbols & signs. It should be deposited in a dry and
secured area before being transported. The area must be sheltered from water, wind, rodents, insects and
animals. Harmful biomedical waste should not be stored for more than 3 months.
Treatment of Biomedical Waste- Biomedical waste treatment refers to the procedures to eliminate the
harmful effects of the waste. There are numerous treatment options which maximize safety during
management and disposal of the waste. It also reduces environmental hazards. Incineration, Autoclaving,
irradiation and chemical treatments are the most used methods for management and cleansing of biomedical
waste.
Incineration- It is a treatment process used to transform pathological and pharmaceutical waste into ash,
flue gases and heat. Functioning temperature for incineration should be in the range of 800-1400 degree
Celsius. It reduces the bulk of waste by 90-95% and thus decreases harmful effects on the surroundings.
Autoclaving- It is a method of steam sterilization and is the most common substitute to incineration.
Autoclaving necessitates a temperature of 121 degree Celsius and pressure of about 15 pounds per square
inch (psi) for 20-30 minutes. This action is applied to inactivate the contagious agents and to sterilize the
apparatus used in clinical services. It is less expensive and carries no recognized health impacts.
Chemical treatment- This treatment is frequently used to decontaminate liquid waste, so that it can be
disposed-off nearby. It makes use of a number of techniques such as oxidation, reduction, precipitation and
pH neutralization to transform waste into less dangerous substances. Chlorine, sodium hydroxide or calcium
oxide can be used agreeing to the nature of waste.
Irradiation- These methods are at present being used in waste treatment procedures which include gamma,
electron-beam, ultraviolet and X-rays. Irradiation sterilizes waste in a sealed off chamber by uncovering it to
a radioactive cobalt-60 which gives out gamma rays that are lethal to micro-organisms. It is very costly as
associated to other methods and protections must be taken to guard workers from detrimental effects of
radiations such as cancer, radiation sickness or even death.
Disposal of Biomedical Waste- Land disposal is usually employed for remediation of waste which is
decontaminated by appropriate treatment approaches. This technique is generally used in developing
countries which includes the throwing away of waste into a landfill. Land-filling should be conducted at
places where groundwater level is low and which are far from flooding sources. Radioactive wastes are
commonly dumped in the oceans far away from human inhabitations. Every state and local government has
its own rules and regulations for dumping of sanitized waste.
Advantages of BMW Management
Scheduling the waste management and reconditioning for all of the waste generated in the health care
facilities is a fundamental task which plays an extremely significant role in the global cleanliness, public
health, preservation of resources and sustainability of the ecosystem. Recycling medical waste curtails
utilization of raw material and decreases the amount of the waste materials that must be disposed in a
landfill. It decreases the dangers and risks to the communities which can be at risks due to hospitals.
Decrease in the incidence of HIV/AIDS, sepsis, hepatitis, and other diseases spread by infectious medical
equipment takes place by accurate waste management. Illegal trading of used syringes, injection needles and
medical tools can also be stopped by proper management tactics. Attentiveness about perils of biomedical
waste and its appropriate disposal is compulsory for a nontoxic and vigorous future.
What is NGT?
The National Green Tribunal (NGT) is a specialized body that was formed under the NGT Act, 2010 for
effective and expeditious disposal of cases that are related to the protection and conservation of the
environment, forests, and other natural resources. India has become the third country in the world after
Australia and New Zealand, for setting up a specialized environmental tribunal and also the first developing
country to do so. The National Green Tribunal has a total of five places of sittings namely: Bhopal, Pune,
New Delhi, Kolkata, and Chennai, amongst which, New Delhi is the Principal place of sitting.
It is a specialised body set up under the National Green Tribunal Act (2010) for effective and
expeditious disposal of cases relating to environmental protection and conservation of forests
and other natural resources.
With the establishment of the NGT, India became the third country in the world to set up a
specialised environmental tribunal, only after Australia and New Zealand, and the first
developing country to do so.
NGT is mandated to make disposal of applications or appeals finally within 6 months of filing
of the same.
The NGT has five places of sittings, New Delhi is the Principal place of sitting and Bhopal,
Pune, Kolkata and Chennai are the other four.
Effective and expeditious disposal of cases that are related to the protection and conservation of the
environment, forests, and other natural resources.
To give relief and compensations for any damages caused to persons and properties.
To handle various environmental disputes that involve multi-disciplinary issues.
Structure of NGT- The National Green Tribunal (NGT) comprises three major bodies namely:
1. The Chairperson
2. The Judicial Members, and
3. The Expert Members.
Also, there should be a minimum of 10 and a maximum of 20 fulltime Judicial as well as Expert members in
the NGT.
Term of NGT Members- All these members are required to hold the office for five years and are not
eligible for reappointment.
Who appoints NGT Chairman?- The Chairperson of the National Green Tribunal (NGT) is appointed by
the Central Government of India in accordance with the Chief Justice of India.
Who appoints NGT members?- A Selection Committee is formed by the central government of India for
the appointment of Judicial Members and Expert Members.
Powers of NGT- Over the past few years, the National Green Tribunal (NGT) developed as an important
body for regulation of the environment and passing strict orders on issues related to pollution, deforestation,
waste management, etc. Some of the major powers of the National Green Tribunal include:
NGT provides a way for the evolution of environmental jurisprudence through the development of an
alternative dispute resolution mechanism.
It helps in the reduction of the litigation burden on environmental matters in the higher courts.
NGT provides a faster solution for various environment-related disputes that are less formal and less
expensive.
It curbs environment-damaging activities. NGT ensures the strict observation of the Environment
Impact Assessment (EIA) process.
NGT provides reliefs and compensations for any damages caused to persons and properties.
The Tribunal has jurisdiction over all civil cases involving substantial question relating to
environment (including enforcement of any legal right relating to environment).
o In October 2021, the Supreme Court declared the National Green Tribunal’s (NGT)
position as a “unique” forum endowed with suo motu (on its own motion) powers to
take up environmental issues across the country.
As per SC, the role of the NGT is not simply adjudicatory in nature; it has to
perform equally vital roles that are preventative, ameliorative or remedial in
nature.
Being a statutory adjudicatory body like Courts, apart from original jurisdiction side on filing of an
application, NGT also has appellate jurisdiction to hear appeal as a Court (Tribunal).
The Tribunal is not bound by the procedure laid down under the Code of Civil Procedure 1908, but
shall be guided by principles of 'natural justice'.
While passing any order/decision/ award, it shall apply the principles of sustainable development,
the precautionary principle and the polluter pays principle.
NGT by an order, can provide
o relief and compensation to the victims of pollution and other environmental damage
(including accident occurring while handling any hazardous substance),
o for restitution of property damaged, and
o for restitution of the environment for such area or areas, as the Tribunal may think fit.
An order/decision/award of Tribunal is executable as a decree of a civil court.
The NGT Act also provides a procedure for a penalty for non compliance:
o Imprisonment for a term which may extend to three years,
o Fine which may extend to ten crore rupees, and
o Both fine and imprisonment.
An appeal against order/decision/ award of the NGT lies to the Supreme Court, generally within
ninety days from the date of communication.
The National Green Tribunal resolves various civil cases under the following seven laws that are
related to the environment:
In 2012, POSCO a South-Korean steelmaker company signed a MoU with the Odisha
government to set up steel project.
o NGT suspended order and this was considered a radical step in favour of the
local communities and forests.
In 2012 Almitra H. Patel vs. Union of India case, NGT gave judgment of complete prohibition
on open burning of waste on lands, including landfills – regarded as the single biggest
landmark case dealing with the issue of solid waste management in India.
In 2013 in Uttarakhand floods case, the Alaknanda Hydro Power Co. Ltd. was ordered to
compensate to the petitioner – here, the NGT directly relied on the principle of ‘polluter pays’.
In the Save Mon Federation Vs Union of India case (2013), the NGT suspended a ₹6,400-
crore hydro project, to save the habitat of a bird.
In 2015, the NGT ordered that all diesel vehicles over 10 years old will not be permitted to ply
in Delhi-NCR.
A December 2016 amendment to EIA 2006 notification — the amendments basically sought to
give local authorities powers to grant environmental clearance to builders — was nullified by
the NGT, terming it as a “ploy” (by the government) to circumvent the 2006 rules.
o Many Projects which were approved in violation of the law such as an Aranmula
Airport, Kerala; Lower Demwe Hydro Power Project and Nyamnjangu in
Arunachal Pradesh; mining projects in in Goa; and coal mining projects in
Chhattisgarh were either cancelled or fresh assessments were directed.
In 2017, the Art of Living Festival on Yamuna Food Plain was declared violating the
environmental norms, the NGT panel imposed a penalty of Rs. 5 Crore.
The NGT, in 2017, imposed an interim ban on plastic bags of less than 50-micron thickness in
Delhi because “they were causing animal deaths, clogging sewers and harming the
environment”.
The Indian Forest Act,1927 aimed to regulate the movement of forest produce, and duty leviable forest
produce. It also explains the procedure to be followed for declaring an area as Reserved Forest, Protected
Forest or a Village Forest.
This act has details of what a forest offence is, what are the acts prohibited inside a Reserved Forest, and
penalties leviable on violation of the provisions of the Act. After the Forest Act was enacted in 1865, it was
amended twice (1878 and 1927).
The Indian Forest Act was enacted to preserve and safeguard the forests in India. The Act makes various
provisions for such conservation of forests. The scheme provides for a State Government to constitute any
forest lands or wastelands, which are property of the Government over which the Government has
proprietary rights, a reserved forest. The Act deals with various subjects related to Forest in its 13 Chapters.
In this manner, the Act contemplates the protection of forest land under certain conditions, whether reserved
forests, village forests, protected forests or forests of private owners.
o It empowered the British government to declare any land covered with trees as a
government forest and make rules to manage it.
Indian Forest Act of 1878: By the Forest Act of 1878, the British Administration acquired the
sovereignty of all wastelands which by definition included forests.
o This Act also enabled the administration to demarcate reserved and protected
forests. The local rights were refused in the case of protected forests while some
privileges which were given to the local people by the government which can be
taken away are anytime.
o This Act classified the forests into three – reserved forests, protected forests and
village forests. It attempted to regulate the collection of forest produce by forest
dwellers and some activities declared as offences and imprisonment and fines
were imposed in this policy to establish the state control over forests.
Indian Forest Act of 1927: This Act impacted the life of forest-dependent communities. The
penalties and procedures given in this Act aimed to extend the state’s control over forests as
well as diminishing the status of people’s rights to forest use.
o The village communities were alienated from their age-old symbiotic association
with forests. Further amendments were also made to restrain the local use of
forests mainly by forest-dependent communities.
o It was enacted to make forest laws more effective and to improve the previous
forest laws.
Objective
Reserved Forests: Reserve forests are the most restricted forests and are constituted by the
State Government on any forest land or wasteland which is the property of the Government.
o This power has been used to establish State control over trees, whose timber, fruit
or other non-wood products have revenue-raising potential.
Village forest: Village forests are the one in which the State Government may assign to ‘any
village community the rights of Government to or over any land which has been constituted a
reserved forest’.
Degree of protection
o Reserved forests > Protected forests > Village forests
Forest Settlement Officer
o The Forest Settlement Office is appointed, by the State government, to inquire into
and determine the existence, nature and extent of any rights alleged to exist in
favour of any person in or over any land comprising a Reserved forest.
o He/she is empowered even to acquire land over which right is claimed.
Drawbacks
The government claimed that the act was aimed to protect the vegetation cover of India.
However, a deep investigation of the act reveals that the real motive behind the act was to earn
revenue from the cutting of the trees and from the forest produce.
The act gave immense discretion and power to the forest bureaucracy which often led to the
harassment of the forest dwellers.
Moreover, it led to depriving the nomads and tribal people their age-old rights and privileges to
use the forests and forest produce.
The revenue earning potential from timber overshadowed the other values like biodiversity,
prevention of soil erosion, etc.
o Prohibits hunting of wild animals specified in the act schedules unless the hunting is carried out
under a valid licence.
o The act empowers the government to declare areas as any one of the following protected areas:
o National Parks
o Wildlife Sanctuaries
o Conservation Reserves
o Community Reserves
o Tiger Reserves
o Provides licenses for selling, transferring, and possessing some wildlife species.
o Provides for the establishment of a Central Zoo Authority. It regulates the establishment,
maintenance, and management of zoos in India.
o Provides for appointing a Director of Wildlife Preservation to oversee the implementation of the Act.
It also provides for appointing a Chief Wildlife Warden and a Wildlife Warden.
o Provides for the punishment of offences under the Act. This includes imprisonment, fines, and
confiscation of property.
This Act provides for the protection of a listed species of animals, birds, and plants, and also for the
establishment of a network of ecologically-important protected areas in the country.
The Act provides for the formation of wildlife advisory boards, wildlife wardens, specifies their
powers and duties, etc.
It helped India become a party to the Convention on International Trade in Endangered Species of
Wild Fauna and Flora (CITES).
CITES is a multilateral treaty with the objective of protecting endangered animals and plants.
It is also known as the Washington Convention and was adopted as a result of a meeting
of IUCN members.
For the first time, a comprehensive list of the endangered wildlife of the country was prepared.
The Act prohibited the hunting of endangered species.
Scheduled animals are prohibited from being traded as per the Act’s provisions.
The Act provides for licenses for the sale, transfer, and possession of some wildlife species.
It provides for the establishment of wildlife sanctuaries, national parks, etc.
Its provisions paved the way for the formation of the Central Zoo Authority. This is the central
body responsible for the oversight of zoos in India. It was established in 1992.
The Act created six schedules which gave varying degrees of protection to classes of flora and
fauna.
Schedule I and Schedule II (Part II) get absolute protection, and offences under these
schedules attract the maximum penalties.
The National Board for Wildlife was constituted as a statutory organization under the provisions of
this Act.
This is an advisory board that offers advice to the central government on issues of wildlife
conservation in India.
It is also the apex body to review and approve all matters related to wildlife, projects of
national parks, sanctuaries, etc.
The chief function of the Board is to promote the conservation and development of wildlife
and forests.
The Act also provided for the establishment of the National Tiger Conservation Authority.
It is a statutory body of the Ministry of Environment, Forest and Climate Change with an
overall supervisory and coordination part, performing capacities as given in the Act.
It gives statutory authority to Project Tiger which was launched in 1973 and has put the
endangered tiger on a guaranteed path of revival by protecting it from extinction.
Specifically, it aims at understanding the scientific and technical aspects of resources and ecology.
Environmental management is closely related to natural resource management.
An example of resource management is the lumber tree forest. These forests are less diverse because of the
harvesting of lumber trees for a longer time. Such a forest is the result of the management of the resource by
timber companies and can sustain life because the locations for harvest are rotated and the rate of tree
cutting is controlled. The forest becomes a sustainable source of lumber for a long time period due to such
practices.
Natural resources are depleting every day not only because it is being used up by people, but also because it
is being polluted and destroyed due to various human activities such as deforestation, modernization, global
warming to name a few.
There is an absolute need to manage resources for the existence of living beings on earth and their survival.
Natural resources need to be used in a sustainable manner for the welfare of mankind. They are so complex
in nature that coming up with fresh frames as solutions seem to be the only way out.
Various rules and regulations have been passed by the Government over the years to ensure that our
wildlife does not become extinct and are not hunted down. The government has also passed rules and
laws to limit large scale industries from the use of excess water and rules for proper sewage to ensure
water bodies around industrial areas are not getting contaminated. Care has also been taken by the
government with regard to air pollutants being released by industries in the air causing harmful
diseases
Water is being treated regularly to provide drinkable water to the people
The government has adopted measures and encouraged people to recycle and reuse products as much
as possible.
Use of plastic has also been banned which reduces damage caused to nature to quite a large extent
Clean India Mission or Swachh Bharat Abhiyan was launched by PM Narendra Modi. It was
initiated with the aim of having cleaner streets, society, environment, contributing to the national and
hence global welfare.
Management of natural resources focusses on preventing over-exploitation of resources. For eg., with the
advancement of agriculture practices, and farming have shifted from manual labour to the use of machines.
The increasing use of pesticides has become damaging to the environment. All this has increased the need
for natural resource management wisely.
Principles of NRM
NRM includes eight principles of legitimacy, transparency, accountability, involvement, fairness,
integration, capability, and adaptability – these features provide normative guidance for the establishment of
multilevel NRM governance. The principles of NRM include the following practical methods:
1. Learn from experiences.
2. Establish and maintain an efficient project management process.
3. Ensure local participation in decision–making.
4. Build the project in the local context.
5. Determine communication and knowledge-sharing strategy
6. Develop a risk strategy
7. Conduct regular monitoring and evaluation
8. Consider reusing and recycling for future uses.
9. Follow the principle of bio-climatic and adaptable designs.
Transport Noise
Neighbourhood Noise
Industrial Noise
Transport Noise
It mainly consists of traffic noise which has increased in recent years with the increase in the number of
vehicles. The increase in noise pollution leads to deafening of older people, headache, hypertension, etc.
Neighbourhood Noise
The noise from gadgets, household utensils etc. Some of the main sources are musical instruments,
transistors, loudspeakers, etc.
Industrial Noise
It is the high-intensity sound which is caused by heavy industrial machines. According to many researches,
industrial noise pollution damages the hearing ability to around 20%.
Industrialisation: Industrialisation has led to an increase in noise pollution as the use of heavy
machinery such as generators, mills, huge exhaust fans are used, resulting in the production of
unwanted noise.
Vehicles: Increased number of vehicles on the roads are the second reason for noise pollution.
Events: Weddings, public gatherings involve loudspeakers to play music resulting in the production
of unwanted noise in the neighbourhood.
Construction sites: Mining, construction of buildings, etc add to the noise pollution.
Hypertension: It is a direct result of noise pollution which is caused due to elevated blood levels for
a longer duration.
Hearing loss: Constant exposure of human ears to loud noise that are beyond the range of sound that
human ears can withstand damages the eardrums, resulting in loss of hearing.
Sleeping disorders: Lack of sleep might result in fatigue and low energy level throughout the day
affecting everyday activities. Noise pollution hampers the sleep cycles leading to irritation and an
uncomfortable state of mind.
Cardiovascular issues: Heart-related problems such as blood pressure level, stress and
cardiovascular diseases might come up in a normal person and a person suffering from any of these
diseases might feel a sudden shoot up in the level.
Honking in public places like teaching institutes, hospitals, etc. should be banned.
In commercial, hospital, and industrial buildings, adequate soundproof systems should be installed.
Musical instruments’ sound should be controlled to desirable limits.
Dense tree cover is useful in noise pollution prevention.
Explosives should not be used in forest, mountainous and mining areas.
Cases
In Kirori Mal Bishamber Dayal v The State, the accused/petitioner was convicted and sentenced under
Section 290 of Indian Penal Code, 1860 and was fined Rs. 50 for causing noise and emitting smoke and
vibrations by operating heavy machinery in the residential area. The order of the trial court was upheld by
the District Magistrate in appeal. The High Court of Punjab & Haryana upheld the decision of the courts
below and dismissed the revision petition.
In Bhuban Ram and Ors. v Bibhuti Bhushan Biswas (AIR 1919 Calcutta 539), it was held that working of a
paddy husking machine at night causes nuisance by noise and the occupier was held liable to be punished
under Section 290 IPC.
In Burrabazar Fireworks Dealers Association v Commissioner of Police, Calcutta, it has been held that a
citizen or people cannot be made a captive listener to hear the tremendous sounds caused by bursting out
from noisy fireworks. It may give pleasure to one or two persons who burst it but others have to be a captive
listener whose fundamental rights guaranteed under Article 19 and other provisions of the Constitution are
taken away, suspended and made meaningless. Under Article 19, read with Article 21 of the Constitution of
India, the citizens have a right of decent environment and they have a right to live peacefully, right to sleep
at night and to have a right to leisure which are all necessary under the Article 21 of the Indian Constitution.
In Appa Rao, M.S. v Govt. of T.N., the Madras High Court (cited in the 2005 SC judgement, stated
elsewhere in this write up) issued a writ of mandamus directing State Government to impose strict
conditions for issue of license for the use of amplifiers and loudspeakers and for directing the Director-
General, Police (Law and Order) to impose total ban on use of horn type loudspeakers and amplifiers and air
horns of automobiles.