Subject: Flouting of Environmental Law on Noise Pollution
Date: Sun, 13 Oct 2002 08:09:58 +0530
From: Sudhir Badami <badami@vsnl.com>
Organization: Badami Innovations & Engineering Consultants
To: Mr T R Baalu <mef@envfor.delhi.nic.in>
CC: Mr P V Jayakrishnan <secy@menf.delhi.nic.in>, Debi Goenka <debi@beag.net>,
Dr Y T Oke <yeshwantoke@yahoo.com>, Laxmi Vyas <ecopoint@rediffmail.com>,
SUNITA NARAIN <sunita@cseindia.org>, Rajdeep Sardesai <rajdeep@ndtv.com>,
zeenewsonline@zeenetwork.com
13 October 2002
Flouting of Environmental Law on Noise Pollution.
Mr T R Baalu
Minister of Environment & Forests
Ministry of Environment and Forests
Paryavaran Bhavan, CGO Complex
Lodhi Road, NEW DELHI - 110003 INDIA
Subject: Noise Pollution (Related to Mumbai)
Dear Mr Baalu,
It was around 9:45 PM last night, that I read the bottom running news strip on Zee-TV news channel that I could not believe. It simply said that in Mumbai the 10:00 PM deadline for Dandia has been extended to 12:00 mid-night. I immediately rang up Dr Yeshwant Oke, the one person I know who would know validity of such news. He said that he too came across this news and verified from the Times of India that it was true.
Firstly, being second Saturday, the Ministry of Environment and Forest Office as well as the Supreme Court would have been closed. Therefore it is quite likely that the news is false. The parties concerned with Dandia business must have issued a statement to Zee-News Channel and they, without verifying from authorities slipped in the so called news item or some other considerations may have been responsible.
Interestingly the news item was missing from the bottom running news strip fro 11:00 PM onward. I tried to search and get confirmation about this news item on other channels and could not find any such news. But the cat had jumped out of the bag!
To best of my knowledge, no one, mind you, no one can change the rule of not using loud speakers after 10:00 PM in an un-enclosed area i.e. sufficiently insulated enclosure preventing noise escaping to the outside. This change can only come about from a bill to be passed in the Parliament. Neither the officers nor the Minister can change this unilaterally and also that there has to be a public hearing for making this change.
I would like this point brought to your notice. Whoever of the enforcing agency it is who does violate the environmental protection law, that officer is liable to the charges of contempt of court and shall be liable to severe punishment. And if Zee-news has wrongly publicised this news then they too need to be charged with Contempt of Court.
That is the legal side of the issue.
Isn't there a human side to the issue precisely for which the laws were enacted? The effect of this news was that while the news was not on air, the decibel level was also under control. But last night, especially after 10:00 PM I could hear the dandia music on loud speakers at least 300 meters away quite loud and clear. Are we not throwing the rules to the winds by slackening it just as we see the positive effects of preventing noise pollution?
I understand that none of the police stations have decibel meters - lack of funds? There were no shortage of funds for providing the Qualis for every police station but for providing a measly Rs 3000/- worth decibel metre there are no funds! And if Qualis were provided for the Police to reach quickly to spots of complaint, I see no signs of it as the constable still has to walk to the spot!
I think the Supreme Court must take a strong view against anyone disregarding its directives by contempt of court, be they the TV Channel or the enforcing authority or the chief minister of Karnataka (Cauveri water issue).
Lastly but most importantly, the citizens must not take the flouting of Noise Pollution Rules during Navaratri and Diwali or any other festival, religious or otherwise lying down. Make complaint to Police Stations by phone. And also send e-mail to the Ministry of Environment and Forest.
For more information on Noise Pollution - what it is, what it does, what laws exist and what you can do, visit the under mentioned discussion group website. You just have to enter a name and a password to register. You can post your reply as well as create your own discussion board.
Regards
Sudhir Badami
Mumbai
cc
1. Mr P V Jayakrishnan, (By Email)
Secretary, Ministry of Environment and Forests
New Delhi2. Mr Chagan Bhulbal (By Telefax) 91 22 369 8585 or 91 22 202 4873
Dy Chief Minister and Minister for Home,
Government of Maharashtra
Mumbai3. Mr Debi Goenk
4. Dr Yeshwant Oke
5. Dr Laxmi Vyas
6. Ms Sunita Narain
7. Rajdeep Sardesai
8. zeenewsonline@zeenetwork.com
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