IMPACTS OF NOISE POLLUTION, MITIGATION MEASURES AND CONCERNED LAWS

By
REHAN RAUF,
Advocate
M.A, LL.B, P.G.D.E.L
E-mail: RehanRauf1@yahoo.com
The noise is a slow agent of death. (Dr. kundenson) 1

INTRODUCTION

The word noise is of the Latin origin word nausea and means seasickness.  Noise pollution and human-created noise is harmful to health and life itself. Transportation vehicles are the worst offenders, with aircraft, railroad stock, trucks, buses, automobiles, and motorcycles all are producing noise beyond the human auditory stress. Construction equipment, e.g., jackhammers and bulldozers also produce substantial quantity of noise pollution. Noise is displeasing to human and animal both it disrupts the human activity and causes imbalance to animal life. In Pakistan vehicles and mechanical industries are the major contributor to noise.

CONSTITUTIONAL REFERENCE

No express provision has been made for the prohibition and control of noise pollution in the constitution of Islamic republic of Pakistan, 1973 but a noise free environment has been regarded a Fundamental Right of every citizen of Pakistan. This fundamental right is contained in Article 9 of the Constitution of Islamic Republic of Pakistan and was firstly interpreted in landmark case namely Shehla Zia and others vs. WAPDA, PLD 1994 SC 693 in which the Supreme Court of Pakistan declared that every citizen has the right to unpolluted environment and clean atmosphere and court decided that right to life means right to a particular quality of life.

NOISE POLLUTION

Some scientists have defined that as any audible acoustic energy adversely affecting the physiological or psychological well being of the people is called noise. The term noise is commonly used to describe in harmonious sounds which are disagreeable and unpleasant produced by acoustic waves of random intensities and frequencies.

SOURCES OF NOISE POLLUTION

The known worldwide outdoor source of noise is transportation systems, including motor vehicle noise, aircraft noise and rail noise.2 Poor urban planning may give rise to noise pollution, since side-by-side industrial and residential buildings can result in noise pollution in the residential area and use of amplifier in the mosques other than praying time.

Other sources of indoor and outdoor noise pollution are car hooters, emergency service sirens, factory machinery, construction work, grounds keeping equipment, barking of dogs, humming lights, audio entertainment installations in the streets and the paddler use of amplifiers for enchanting of ice creams, vegetables, air firing and cracker explosions on the arrival of Barat.

EFFECTS ON HUMAN HEALTH

 Effects are both health and behavioral in nature on human beings. The unwanted sound is called noise. This unwanted sound can render damage to physiological and psychological health. Noise pollution may cause hypertension, tinnitus, loss of hearing, sleep disturbance and other displeasing effects. Furthermore, stress and hypertension are the main causes of health problems, whereas tinnitus can lead to forgetfulness, severe depression and at times panic attacks. 3

Chronic exposure to noise may cause noise-induced loss of hearing. Senior males exposed to occupational noise demonstrate significantly reduced hearing sensitivity than their non-exposed peers, though difference in hearing sensitivity decrease with time and the two groups are indistinguishable by age 79.4 A comparison of Maaban tribesmen, who were extraordinarily exposed to transportation or industrial noise, to a typical U.S. population showed that continued exposure to moderately high levels of environmental noise contributes to loss of hearing. High pitched noise levels can contribute to cardiovascular effects and exposure to moderately high levels during a single eight hour interval causes a statistical rise of blood pressure of five to ten points and an increase in stress and vasoconstriction leading to the increased blood pressure noted above as well as to increased incidence of coronary artery disease.5

Noise pollution is also a cause of annoyance. A 2005 study by Spanish researchers found that in urban areas households are willing to pay approximately four Euros per decibel per year for noise reduction.6

EFFECTS OF NOISE POLLUTION ACCORDING TO VIKAS VASHISHTH

The effects of noise pollution are multifaceted and inter-related. Though it is easy to show that excessive noise could result into loss of hearing but it is difficult to show up to what extent the effects of noise can prevail on individual. The effects of noise pollution on human mechanism could be physiological and behavioral. The physiological effects of noise pollution may result into loss or impairment of hearing.

What makes a sound or noise unpleasant or irritating to the ear is a matter of psychology. So whether a sound is regarded as a noise and how noisy it is depends also on who causes the noise and his relationship with the person who hears it. The noises are recognized as major contributing factors in accelerating the already existing tensions of modern living. 7

In U.S.A. 11 Million adults and 3 million children suffer from some form of hearing loss. 8

ENVIRONMENTAL EFFECTS

Noise can have a detrimental effect on animals by causing stress, increasing risk of death by changing the delicate balance in predator/prey detection and avoidance, and by interfering with their use of sounds in communication especially in relation to reproduction and in navigation. Acoustic overexposure can lead to temporary or permanent loss of hearing.

An impact of noise on animal life is the reduction of usable habitat that noisy areas may cause, which in the case of endangered species may be part of the path to extinction. Noise pollution has caused the death of certain species of whales that beached themselves after being exposed to the loud sound of military sonar. Noise also makes species communicate louder, which is called Lombard vocal response. Scientists and researchers have conducted experiments that show whales' song length is longer when submarine-detectors are on. If creatures don't "speak" loud enough, their voice will be masked by anthropogenic sounds. These unheard voices might be warnings, finding of prey, or preparations of net-bubbling. When one species begins speaking louder, it will mask other species' voice, causing the whole ecosystem to eventually speak louder. 9

European Robins living in urban environments are more likely to sing at night in places with high levels of noise pollution during the day, suggesting that they sing at night because it is quieter, and their message can propagate through the environment more clearly. Interestingly, the same study showed that daytime noise was a stronger predictor of nocturnal singing than night-time Light pollution, to which the phenomenon is often attributed.

Zebra finches become less faithful to their partners when exposed to traffic noise. This could alter a population's evolutionary trajectory by selecting traits, sapping resources normally devoted to other activities and thus lead to profound genetic and evolutionary consequences. 10

GENERAL LAWS

Following are a few general laws governing noise pollution.

I.              Pakistan Penal Code 1860 has two Sections dealing with noise pollution. Section 268 deals with Public Nuisance and Section 278 impose a fine of Rs.1500 on any person, who voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of other person in general.

II.            Section 2 (1) (a) of the West Pakistan Regulation and Control of Loud Speakers and Sound Amplifiers Ordinance, 1965 describes that No person shall operate or use or cause to be operated or use a loudspeaker or a sound amplifier in a public place, in a manner so as to cause or to be likely to cause annoyance or injury to persons residing in any residential locality.

III.        The Motor Vehicle Rules, 1969

          Following Motor Vehicle Rules, 1969 are relevant to the topic.

Rule 154(2): No motor vehicle shall be fitted with horn giving a succession of different notes or any other sound producing device playing unduly harsh, shrill, loud or alarming noise.

Rule 155(1): Every motor vehicle shall be fitted with a device (hereinafter referred to a silencer) which by means of an expansion chamber or otherwise reduces as far as may be reasonable and practicable the noise that would otherwise be made by the escape of exhaust gases from the engine.  

Rule 158: Every motor shall be so constructed and maintained as not to cause undue production of noise when in motion.

Rule 226(1): No driver of motor vehicle driver shall sound the horn or other device for giving audible warning with which the motor vehicle is equipped or shall cause or allow any other person to do so continuously or to an extent beyond what is necessary to ensure safety.

Rules 252: Except to avoid an imminent accident no person shall sound the horn or other audible warning device of any motor vehicle within the limits of a stand, parking place or cab-rank.

SPECIAL LAWS

Special law relating to prohibition of noise pollution in excess of National Environmental Quality Standards is Pakistan Environmental Protection Act, (PEPA) 1997. Following are a few provisions of PEPA dealing with noise.

I.               Section 2(xxx) of PEPA defines as "Noise" means the intensity, duration and character from all sources, and includes vibrations.

II.            Section 11 of PEPA describes that “ No Person shall discharge or emit or allow to discharge or emission of any effluent or waste or air pollutant or noise in an amount, concentration or level which is in excess of the National Environmental Quality Standards.

III.          Section 15(1) declares "Subject to the provisions of this Act and the rules and regulations made there under, no person shall operate a motor vehicle from which air pollutants or noise are being emitted in an amount, concentration or level which is in excess of the National Environmental Quality Standards, or where applicable the standards established under clause (g) of sub-section (1) of section 6".

CASE LAWS

Following are a few case laws relating to prohibition of noise pollution in Pakistan.

1.                  Anjum Irfan vs. LDA and others, PLD 2002 Lahore 555

          In February 2001 the Lahore High Court appointed Dr. Parvez Hassan as the amices curiae to assist the court in the Writ Petition, Anjum Irfan vs. LDA and others. Dr. Parvez Hassan filed certain proposals for controlling Vehicular and other Pollution in Lahore. And, on 14 June 2002 the Lahore High Court in its detailed judgment, citing the Shehla Zia case, directed the government to frame rules and regulations to ensure a strict implementation of the Pakistan Environmental Protection Act, 1997, to combat the menace of Air, Water and Noise Pollution. The Court suggested that new industries must be compelled to install devices used for checking and controlling pollution. The court further suggested various measures for combating pollution which included efficient utilization of solar energy, more implantation of trees, introducing electric rail cars, the role of the media in creating awareness among the masses and the proper coordination between the concerned departments.

2.                  Abdul Qayyum vs. Environmental Protection Agency, 1999 PLR 640

          The petitioner, in this case filed a writ petition against the Environmental Protection Agency (EPA) because of noise and other emissions from the industrial units in their residential area. The petitioners have approached the EPA several times to control the pollution by utilizing their power under PEPA but EPA failed to do so.

          The Court while disposing of the petition held that the provisions of the PEPA do show that the same are comprehensive and the agencies and authorities created under the Act have also given the powers to lay down the necessary standards as also to enforce the same by invoking penal provisions in accordance with law. While the EPA in its comments has claimed that it has recommended shifting of industries, it is failing to prosecute the offender in the event of its reaching the conclusion that the discharges and emissions are not lawful or more than prescribed. Therefore, the court issued a mandamus direction to the EPA to deal with the matter in accordance with the provisions of the PEPA.

3.                  Islamabad Chalets and Pir Sohawa Valley Villas, Suo Motu Case No. 13 of 2005

          The Supreme Court took suo motu action in Islamabad Chalets and Pir Sohawa Valley Villas, restraining the construction of the chalets and villas situated at a distance of 2 kilometers of the margala hills, where the housing scheme was launched. The housing scheme in question would have a direct bearing on the eco-system of the margalla hills and the overall environment of Islamabad, because of increased traffic, congestion, noise pollution, diminishing greenery, annihilation of wildlife, unhygienic conditions due to sewerage and frequent landslide due to loosening of soil and removal of rocks.

4.                  Islam Hussain vs. City District Government Karachi, 2007 CLC Karachi 530.

          The Sindh High Court in this case directed the DIG traffic Police to ensure that no smoke emitting vehicle or one causing noise pollution should ply the city of Karachi after three months from the day the judgment was passed in 1997 and further that strict action be taken against the offenders.

5.                  Islam din vs. Ghulam Muhammad, PLD 2004 SC 633

            In this case the court restrained the defendant from creating public nuisance in their workshops constructed on the commercial plots by declaring that the functioning of workshops had to prove to be injurious of life, health and property of residents of the area. It was further held that a noise made in carrying on of lawful trade under license, if injurious to physical comfort of community is a public nuisance.

6.                  Abdul Qayyum vs. Director General, Environmental Protection Agency, 1999 PLR 640

          The petitioner, in this case filed a writ petition against the Environmental Protection Agency (EPA) because of noise and other emissions from the industrial units in their residential area. The petitioners have approached the EPA several times to control the pollution by utilizing their power under PEPA but EPA failed to do so.

          The Court while disposing of the petition held that the provisions of the PEPA do show that the same are comprehensive and the agencies and authorities created under the Act have also given the powers to lay down the necessary standards as also to enforce the same by invoking penal provisions in accordance with law. While the EPA in its comments has claimed that it has recommended shifting of industries, it is failing to prosecute the offender in the event of its reaching the conclusion that the discharges and emissions are not lawful or more than prescribed. Therefore, the court issued a mandamus direction to the EPA to deal with the matter in accordance with the provisions of the PEPA.

7.                   Pollution of Environment Caused by Smoke, Emitting Vehicle, Traffic Muddle H.R. No. 4-k of 1992, 1996 SCMR 543,

          In this case the Supreme Court passed interim order for taking effective and remedial measures in order to streamline the process of checking as a first step in eliminating the air and noise pollution from Karachi.

          In order to streamline the process of checking as first step in eliminating the pollution caused by the smoke emitting vehicles, the following interim order was passed by the Supreme Court: -

(a)           A minimum of two mobile checking per week per district for at least 2-1/2 hour’s duration should be arranged in terms of the earlier order, which is being practiced. Henceforth the Honorary Magistrate appointed by the Provincial Government with the approval of the Chief Justice, High Court of Sindh, be associated with the checking team and if S.T.Ms are not available, the honorary magistrate shall try and dispose of summary cases at the time of checking.

(b)           The monthly schedule of the mobile checking shall be issued by the S.T.M. or any person authorized by the commissioner without mentioning the checking location, which shall be decided by the checking team at the time of starting the checking on that day.

(c)           A weekly repot of such checking shall be issued by the S.T.M/ Honorary Magistrate to the C.P.L.C., Central Reporting Cell, which shall compile the same and submit a consolidated report with comments and suggestions to the Assistant Registrar, Supreme Court Karachi after every three months.

(d)           A report shows that M.T.C Government vehicles including Police vehicle and certain “marked” private transport vehicles are not challaned. This discrimination should end and all vehicles irrespective of their owner/driver should be brought to book in case they violate the law. On query what is meant by “marked” transport private vehicle it was disclosed that these vehicle bear a particular mark, inscription, insignia or certain word which are understood by certain persons involved with the traffic checking and they just allow them to pass without checking that they belong to influential persons. This is a deplorable attitude. The authorities concerned are directed to check vehicles irrespective of fact whether they are marked or not, but if this policy of not challaning marked vehicle persists, the representative of C.P.L.C. associated with the checking team should note down the number of such vehicle and report it to the C.P.L.C. reporting center which shall forward it to the Assistant Registrar, Supreme Court, Karachi.

(e)           Motor vehicle inspection Procedure should be totally overhauled and every week, D.I.G., shall obtain the particular of such vehicles to which fitness certificates have been issued by Motor Vehicle Rules. And forward them to C.P.L.C., central Reporting Cell that shall submit with comments to the Assistant Registrar, Supreme Court Karachi, along with the quarterly reports.

As regards Noise Pollution following interim order is passed.

(i)             As required by the Motor Vehicle Ordinance the concerned authorities should ensure that the motorcycle rickshaws are not allowed to ply without silencers. It has been pointed out that there has been a practice in Karachi that the Silencers are not fitted in the motorcycle rickshaws. Such practice, however, cannot override the provisions of the law, particularly rules 155 and 158 of the Motor Vehicle Rules, 1969. In the existing circumstance, all the persons owning or plying motorcycle rickshaws should be given one month’s time to get the silencers fitted in their motor cycle rickshaws. A wide publicity should be made through press, radio and television. Such notices should be displayed at public places. After expiry of one-month action shall be taken against motorcycles rickshaws plying without silencers.

(ii)           Many vehicles are found with fitted pressure horns or multi-tone horns giving unduly harsh shrill loud or alarming voice. Rule 154 of the Motor Vehicles Rules, 1969 prohibits fitting of such horns. The practice seems to be that such vehicles are challaned and pressure horn are disconnected or seized by the police. However, in order to make it more effective whenever any authority seizes such horn, it should deposit it with Central Nizarat situated opposite civic center, Karachi.

8.                  Rafique Nasir vs. The State and 4 others, 2000 YLR 393

            In this case heavy machines were being installed which were causing nuisance and creating tremors and vibrations resulting in cracks in the walls of the residential houses adjacent to the workshop. Contention that since the applicant was carrying on trade under license proceedings against him under section 133 Cr.P.C. were not maintainable was replied. Issuance of license did not authorize the licensee to cause nuisance and trouble to the public. Magistrate under section 133 Cr.P.C. had the jurisdiction to regulate the manner in which a trade was to be conducted in such a way as not to be nuisance to the community. Applicant had carried on trade not only in violation of the conditions of the license issued to him, but had also caused nuisance by installing hammer and machines which were causing heavy tremors and vibrations resulting on cracks in the walls of the residential houses adjacent to the workshop. Operation of such machines was injurious to human life and also for environment. Impugned concurrent orders of the two Courts below did not suffer from any legal or factual infirmity and the same were upheld accordingly. 

9.                  Arif and another vs. Jaffar Public School through Principal/Administrator and 8 others, 2002 MLD 1410

          In this case claim of the plaintiffs/applicants was that entire locality where their house was situated, was leased out by the authority exclusively for residential purposes. Lease agreement showed the properties given on lease would be used for residential purposes only and would not be converted to other use and in case of breach, lessor would be entitled to forfeit lease and to resume property. Defendants/ respondents started school in a house which was opposite to the house of applicants which had created a nuisance for applicants and other residents of the locality. Use of residential house for running a school therein was an act which was not only breach of express terms of lease, but also was a patent illegality. Plaintiffs had served a notice on defendants/respondents calling upon them not to venture for opening of school and had been prompt in their action against the respondents. Opening of any number of school in other residential bungalows, would not furnish any justification for perpetuating illegality committed by respondents in starting school in their residential house because two wrongs would not make one right. Plaintiffs, in circumstances, had succeeded in making out a prima facie case for grant of an interim injunction as balance of convenience was in their favor and they would suffer an irreparable loss and injury in case injunction was refused to them. Application for grant of interim injunction was allowed in circumstances.

10.              Salamat Ali vs. Deputy Commissioner and others, 1997 MLD 2122

            In this case chilly grinding machine and rice husking machines were being operated by the petitioner in a densely populated area where it could be difficult even to take breath and the vibration caused by the machines was a source of nuisance. Operation of the two said machines had, thus, been rightly stopped by the Deputy Commissioner by the impugned order which did not suffer from any illegality. Constitutional petition was dismissed in limine in circumstances.

11.              Haji Hafeezudin and others vs. LUCAS Service Pakistan LTD, PLD 2000 Karachi 58

            In this case respondent/defendant was installing a plant in premises in question along with a powerful generator in a commercial area, which prima facie, seemed to be in violation of zoning laws. Applicants/plaintiffs, in circumstance, had made out a reasonable prima facie case for the grant of injunction. Damage cause by potential nuisance value of the generator in question could not be quantified. Balance of convenience was also in favor of granting injunction rather than rejecting same. High Court allowed application for grant of interim injunction and respondent/defendant was restrained from installing the proposed filter assembly plant and generator within premises in question till disposal of suit.

INDIAN LANDMARK JUDGMENTS

Following are a few leading Indian judgments on prohibition of noise pollution.

Ajeet Mehta vs. State of Rajisthan, 1990 CR.L.J 1596

In this case the Rajisthan high Court observed:

"If one works for his own benefits and causes any inconvenience to others, he would not be excused. Whatever be the nature of nuisance, be that as it is, a trivial or major, the individual's freedom and liberty cannot be compromised by any other person except in according with law. If one works for gain and causes discomfort to any individual that cannot ne countenanced. "

The High Court upheld the Magistrate's order and strongly felt that public health cannot be allowed to suffer on account of personal business of any individual. The petition was allowed and the view taken by the Additional Session Judge reversed.

Mahdavi vs. Thalakan, 1989 CR.L.J 499

In this case, the court projected the importance of the value of environmental protection for the mankind by making the following observation:

"The right to life is far more than right to animal existence. Personal autonomy, free `from intrusion and appropriation is thus a constitutional reality. The right to live in peace, to sleep in peace and the right to repose and health are part of the right to live. We recognize every man's home to be his castle which cannot be invaded by toxic fumes and tormenting sounds. The principles expressed through law and culture consistent with nature's ground rules for existence had been recognized in section 133(1) (b) of Cr.P.C. The conduct of any trade or occupation or keeping of any goods or merchandise injurious to health or physical comfort of community could be regulated or prohibited under this section.

Mukul Ray vs. The State and others, AIR 1999 CALCUTTA 293

In this writ petition the petitioner who is the General secretary of All India Trinamul Congress prays for cancelling the elections programme of the elections to the Siliguri Mahakuma Parishad and also to the Panchayat Samities and the Gram Panchayats within the jurisdiction of the said Mahakuma Parishad in the District of Darjeeling scheduled to be held on 18-04-1999 or for rescheduling the Madhyamik and Higher Secondary Examinations programmes, and alternatively for making suitable relaxation of the bar use on loudspeaker and microphone during the period covered by the said examinations with a view to facilitating making of election campaigns. The Madhyamik examination commenced on and from 04-03-1999 and the Higher Secondary examination commenced on 26-03-1999 and will continue up to 19-04-1999.

Mr. Panja appearing on the behalf of the petitioner submits that immediately on receipt of the tentative election programme issued by the state Election Commission on 03-03-1999 the petitioner wrote to the Commission on 05-03-1999 to fix another programme for the elections so that the election programme may not coincide with the programmes of Madhyamaik and Higher Secondary examination already announced a few months back and thereby facilitate use of loudspeaker/microphone for election propaganda. His grievance is that without paying any heed to the objection raised by the petitioner the Department of Panchayat and R.D. issued the notification dated 12-03-1999 fixing 18-04-1999 as the date of the said election and Election Commission in turn issued a letter on the same date forwarding therewith the Model Code of Conduct required to be maintained by all political parties and candidates in connection with the said elections. The said Model Code refers to restrictions about use of loudspeaker and inter alia requires compliance of the extent orders of the Court in this regard.

The Court by its order dated 20-11-1997 passed in C.O. No. 4303(W) of 1996 imposed a ban on the use of boxes or amplifier in open air function during the period  commencing from 15 days prior to the important examinations like Secondary, Higher Secondary, Delhi Board, etc. examination till such examinations are over. This total ban on the use of microphone during examination period was virtually reiterated in the subsequent order dated 04-03-1998. In the still later order dated 11-08-1998 open air cultural programmes, subject to certain terms and conditions, were allowed to be performed except in residential areas or areas where educational institutes are situated during the period commencing from at least three days before commencement and till completion of Board/Council Examinations.

It has been the consistent submission of all the learned Advocates of the case that the elections process has already commenced and there is no scope or question of deferring the elections at this stage. It is also the consistent submission of all of them that there is also no question of deferring the Council examinations which have already been scheduled.

        However, having regard to the situation obtaining in this matter the Court directed that while there will be total ban on the use of microphone in any residential area or mixed residential area and within half a kilometer of such area during the period covered by the examination schedules, microphone fitted with sound limiter may however be used for the purpose of election propaganda outside such area only from 5 p.m to 7 p.m but maintaining a sound level not exceeding 45 db. and not affecting any silence zone. The relaxation allowed by this order will be applicable only to rural areas within the jurisdiction of the Siliguri Mahakuma Parishad during the ensuing Panchayat elections there. Prior permission of the concerned authority will however have to be taken as required under law for making use of microphone. The benefit as well as the restriction of this order will be equally applicable to all political parties and candidates taking part in the said elections and any violation of the same will be amount to the violation of the Model Code of Conduct and entail consequences accordingly.

Moulana Mufti Syed Mohammad Noorur Rehman Barkati and others vs. State of West Bengal and others, AIR 1999 CALCUTTA 15

In this case, writ petition was filed by Moulana Mufti Syed Muhammad Noorur Rehman Barkati, Imam and Khatib Tipu Sultan Shahi Masjid, Dharamatala and Chairman Gharib Nawaz Educational And Charitable Society, Calcutta and eight others for a declaration that Rule 3 of the Environmental (Protection) Rules 1986 vis a vis Schedule III of the said Rule do not apply in case of  Mosques more particularly at the time of call of Azan from the Mosques and for the further declaration that Schedule III of the Environmental (Protection) Rules, 1986 is ultra vires Articles 14 and 25 of the Constitution. The petitioner also prayed for withdrawal of all conditions and restrictions which were notified by the Police and other authorities pursuant to the order passed in the case on Om Birangana Religious Society Vs. State, reported in 100 CWN 617.

By the judgment dated 1st of April, 1996, certain restrictions and conditions on the use of microphones in the state of West Bangal were imposed. One of the important conditions that was laid down was that there will be no user of any microphones between 9 p.m to 7 a.m except by the public authorities for discharging their emergent public duties and/or obligations and that the West Bangal Pollution Central Board was directed to maintain noise level register indicating the level of noise which could be permitted by use of microphones on any occasion or in any area.

After hearing contentions of the parties Court declared that Azan is certainly an essential and integral part of Islam but use of microphone and loud-speakers are not an essential and an integral part. Microphone is a gift of technological ages. Its adverse effect is well felt all over the world. It is not only a source of pollution but it is also a source which causes several health hazards. Traditionally and according to the religious order, Azan has to be given by the Imam or the person in charge of the Mosques through their own voice, this is sanctioned under the religious order. Azan is not a form of propagation but it is an essential and integral part of religion to meet at prayer from a call being made through Azan.

Furthermore, use of microphone is not an integral of Azan and/or necessary for making Azan effective. Azan is there and will be there. But simply because microphones has been invented and ultimately it is found that it is one of the major source of sound pollution and it effects the fundamental right of the citizens under Article 19(1)(a) of the Constitution and making the citizens captive listeners, suspending all their fundamental and legal rights. None can claim an absolute right to suspend other rights or it can disturb other basic human rights and fundamental rights to sleep and leisure. The argument that Environmental (Protection) Act, Rules and the Schedule therein are ultra vires under Articles 14 and 25 is wholly misconceived as it had not resulted any discrimination and so far as Sound Pollution is concerned, citizens have a right to be protected against excessive sound under Article 19 (I) (a) of the Constitution. The restrictions on the use of the microphone as imposed by the Court, Central Pollution Control Board and the State Pollution Control Board have to be carried out by all concern at any cost. Simply because no such formal restrictions have been imposed in other parts of India and the fundamental rights under Article 19 (I) (a) is enforced strictly in the State of West Bangal and it is not enforced in other parts of India that does not amount to any case of any discrimination. Accordingly, in our view, the petition is misconceived and has no merit at all. Accordingly, the petition is dismissed.

INTERNATIONAL LAWS

These are two leading cases on prohibition of Noise Pollution.

            I.       Gatwick case

            II.      Church bell case

MITIGATION AND CONTROL

There are a variety of strategies for mitigating roadway noise including: use of noise barriers, limitation of vehicle speeds, alteration of roadway surface texture, limitation of heavy vehicles, use of traffic controls that smooth vehicle flow to reduce braking and acceleration, and tire design. An important factor in applying these strategies is a computer model for roadway noise, which is capable of addressing local topography, meteorology, traffic operations and hypothetical mitigation. Costs of building-in mitigation can be modest, provided these solutions are sought in the planning stage of a roadway project. Aircraft noise can be reduced to some extent by design of quieter jet engines, which was pursued vigorously in the 1970s and 1980s. This strategy has brought limited but noticeable reduction in urban sound levels. Reconsideration of operations, such as altering flight paths and time of day runway use, has demonstrated benefits for residential populations near airports.

EPITOME

To sum it up, I would say that Noise has become a very important “stress factor” in the environment of man. Noise has many effects on exposed population. The blood pressure can increase during exposure to noise and a number of pituitary hormones are affected by noise. The adverse behavioral effects of noise include annoyance, interference with performance and efficiency, interference with communication and fatigue. High noise levels are associated with higher accident rates. There is positive association of noise with increased risk of threatened or spontaneous abortion, pregnancy induced hypertension, abnormal labor and low birth weight. A number of temporary physiological changes occur in human body as a direct result of noise exposure. The noise contributes and aggravates tension in related disease such as stomach ulcer, neurosis and mental illness to allergies and cardinals and circulatory factors in accelerating the already present tensions of modern living.11

REFERENCES

1.                   ILL, Legal Control of Environmental Pollution 204 (1980)

2.                   Senate Public Works Committee, Noise Pollution and Abatement Act of 1972, S. Rep. No. 1160, 92nd Cong. 2nd session

3.                   J.M. Field, Effect of personal and situational variables upon noise annoyance in residential areas, Journal of the Acoustical Society of America, 93: 2753-2763 (1993).

4.                   Rosenhall U, Pedersen K, Svanborg A (1990). "Presbycusis and noise-induced hearing loss". Ear Hear 11 (4): 257–63.

5.                   S. Rosen and P. Olin, Hearing Loss and Coronary Heart Disease, Archives of Otolaryngology, 82:236 (1965).

6.                   Jesús Barreiro, Mercedes Sánchez, Montserrat Viladrich-Grau (2005), "How much are people willing to pay for silence? A contingent valuation study", Applied Economics, 37 (11)

7.                   Vikas Vashishth, "Law & Practice of Environmental Laws in India" P.658

8.                   Bromer, Noise Pollution: A Growing Menance, Saturday Review, May 27, 1967 at 17, Quoted in ILI Legal Control of Environment Pollution, 1980 at P. 202

9.                   Bahamas Marine Mammal Stranding Event of 15–16 March 2000

10.               (Fuller RA, Warren PH, Gaston KJ (2007). "Daytime noise predicts nocturnal singing in urban robins." Biology Letters 3 (4): 368–70)

Bell, Noise: An Occupational Hazard and public nuisance 34 (1966)