10 January 2004, last year, the Bar Association organised a function to commemorate
     125 years of the Bombay High Court Building on the lawns of the High Court. Earlier,
     in December 2003, Hon'ble HC had clarified that, for its own functioning, the
     institution defining an area as silent zone may use loudspeaker so long as the noise
     rule 5 and 6 are adhered to. Simplistically it meant that they must not exceed the
     specified decibel limits or use the loudspeakers in enclosed rooms. The event of 10
     January 2004 did use loudspeakers in the open awn but the organisers ensured that
     the decibel limits were within the limits, that the prevailing ambient noise levels did
     not get enhanced.

     Banganga festival will be held, I understand end of this month. They are going to use
     technology that restricts noise going out of the area of the Banganga Tank where the
     music performance will be held. This is what is used abroad in the western countries
     where they are more strict in enforcing their rules and ensure peace. Use of
     technology is going to permit festivals to go on without causing noise in the
     neighborhood.

     But what Kala Goda Art Festival Association is seeking to do ..... please read on...

                        Diluting effectiveness of Noise Rule

     Can cultural and festival events bypass rules created for maintaining civility in the
     society? If these can be then why not religious events? In the Indian ethos, these are
     all interchangeable. Therefore, make an exception and floodgates open up, legally or
     otherwise.

     The rule in present discussion pertains to the EP Act 1986 and the Noise Rule under
     it, as amended from time to time. Before touching upon the efforts made by some
     groups to bypass noise rules, it would be in order to mention a few pertinent points
     about rules itself.

     The EP Act 1986 recognizes the fact that noise is not just nuisance but is also health
     hazard. Based on human activities and need for rest and to minimize ill effects on
     health, zones and noise levels and the night hours have been defined. Measurement of
     noise levels, in decibels, is on a logarithmic scale. It is a scale where for every
     increase of 3 dBA, the effect of noise is two fold. If the night time limit in
     residential areas is 45 dBA and day time permissible level is 55 dBA, it means that the
     effect of noise at the day time permissible level is little more than 10 times of that at
     night time. Noise as normally amplified on loudspeakers ranges beyond 75 dBA. Its
     effect is more than 1000 times of that at night time limit in the residential zone. (85
     dBA is about 10,000 times and 95 dBA is about 1,00,000 times)

     Ill effects of noise range from gradual growth of deafness to sudden hearing
     impairment on the one hand (depending upon decibel levels and duration of exposure)
     and occurrence of high blood pressure, increase in heart beat rate, increase is
     irritability and family disharmony. Constant sleep disturbance also adds to above
     problems the lowering of immunity. Noise also causes distraction from tasks being
     performed by people.

     Silence zone has been defined as the area not less than 100 m from either of a
     hospital, an educational institution, a court or a religious place. The norms of noise
     levels are 40 dBA and 50 dBA for the night time and day time respectively. There is a
     blanket ban for use of loudspeakers, drums and horns in the silence zone for night as
     well as day time and in all other zones at night hours. This is so because each of these
     items make noise which exceed 70 dBA in its natural and normal use. Night time is
     defined as 10 PM to 6 AM and it is that period of night when majority of people sleep
     continuously for six hours at least. These hours have been arrived at after public
     consultation over six months.

     Unless there is a strict monitoring of decibels, noise levels are bound to exceed the
     limits significantly and we know the ill effects it has on health on the one hand and
     disturbance it causes in functioning of courts, learning and study processes and
     religious activities, not to mention recuperation process at hospitals and nursing
     homes.

     The Noise rule do make provision for holding of cultural events at night times as well
     as in the silence zone by allowing the events to take place in an enclosed space; or to
     hold these events without the amplification of sound, playing of drums and ensuring
     that the criteria of decibel limits are adhered to. Since monitoring of decibel levels
     and keeping them within the prescribed limits are not desired by those who indulge in
     making noise and the Police's reluctance or ability to monitor and curb the same, the
     blanket bans have been necessitated. One more point to note is that Mumbai is perhaps
     the most dense city in the world and there is enough diversity culturally and
     traditionally in this dense populace. This diversity means more cultural events at
     almost all places at different times. Each group wanting freedom to celebrate their
     events in manner they perceive to be celebration, caring little for the rest of the
     communities residing in their neighborhood. The process leading to vengeful behavior
     competing against each other.

     Keeping these in view, can any exception be made? Who decides exception to A and
     not to B or C or D? And if A is given exception to, can B or C or D be prevented from
     exercising exception whether granted or not? On what moral grounds can that be
     done?

     The best known cases seeking exceptions to the noise rule in Mumbai are Banganga
     festival, the Rang Bhavan Rock Concerts and the Kala Ghoda Art Festival (KGAF).
     These venues fall within the silence zone and the 'non use of loudspeaker and drums'
     rule becomes operative. No exceptions have been made by the Hon'ble High Court so
     far but it is being understood that Police have given permission to the Kala Ghoda Art
     Festival Association to hold the festival and to use loudspeakers. However there are
     some conditions imposed on them by the police, perhaps to ensure noise levels are kept
     within the prescribed limits. But what is being heard is that the KGAF Association is
     challenging the conditionality imposed by the Police and that they wish to have the
     curb on decibel limits removed, and if that is not possible then declare the rule to be
     invalid and scrap it.

     Can the Hon'ble HC make exception rather than asking the Police to enforce the rule
     of "non use of loudspeakers and drums at night at all places or anytime in silence
     zones" which the police have been failing to do so especially during the Ganesh,
     Durga and Vishwakarma idols immersion days and perhaps other religious festival
     days. Loudspeakers from religious places too exceed the decibel levels and this too
     needs to be kept in check by the police. By not enforcing the Noise Rule, especially
     when they have been specifically asked to do so, Police is inviting Contempt of Court.
     Police feels that they rather face Contempt of Court rather than face a Law and
     Order Problem. It is not understood what they mean by that.

     One can only hope that no exception shall be made in regard to adherence to Noise
     Rules because it will unleash disregard to decibel levels and right to peace for
     citizens all over the country.
 
 

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Regards

Sudhir Badami

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