Press Release: On N O I S E - Latest as on 11 January 2004
Friends in the Press and TV MediaI once again reach out to you to keep you abreast on matters concerning Noise following my earlier press rease of 1 January 2004. There are now not three points but four, each one as important as the other.
Firstly, on Saturday 27 December 2003, Shivaji Park had a congress party rally with Mrs Sonia Gandhi as the chief speaker. Not only were the noise rule meant for Silence Zone violated by use of loud speakers as there are temples on the western periphery of the park, the decibel limits were also exceeded by very high value. It was recorded to be as high as 105 dB(A), averaging to 90 dB(A) even in residence right across the maidan. On Vijaya Dashami evening at the Shiv Sena rally too the rule was violated and the decibels were beyond the limits, though quite lower than that at the recent Congress rally. Perhaps the media hype against noise pollution at the time of Ganapati and Navaratri was too fresh to be ignored altogether. It is ironical that the law enforcing agency thinks this not to be a law and order problem. If political parties knew that speeches can be heard the entire stretch of the maidan without the noise going beyond the periphery and the police ensured proper enforcement of law on all political parties, I find no reason why noise cannot be curbed and peace ensured for all and yet political rallies held.
Effect of this is that residents of Shivaji Park are coming together to make a strong protest against misuse of the ground and making it a venue of causing nuisance to residents around.
Secondly, on Sunday 28 December 2003, the organisers of a month long religious function moved the Vacation Court at the residence of Justice Dharmadhikari for getting permission to hold their function within the campus at Vidya Vihar commencing in the morning of Monday 29 December 2003. Interim permission was granted for 29 December 2003 and the case was heard in the Vacation Court on 29 December 2003, keeping the 19 December 2003 Ruling in its perspective.
( Website: http://personal.vsnl.com/aspirations/Noise_Order_19_December_2003.html )Again, as a Concerned Citizen, I attented the hearing. As I have understood the ruling by the Vacation Judge - Justice Dharmadhikari, the case must be heard in full on the day PILs are taken up. The earliest date after the Christmas Vacation was Wednesday 7 January 2004. The Hon'ble judge gave a ruling that till that date, the organisers may go ahead with their programme, which would be with use of loud speakers within the campus so long as the limits on decibels specified in the noise rule are met with. The court also ruled that taking decibel measurements should be permitted by the organisers.
I extract below part of the Landmak Judgment by the Supreme Court
(Website: http://personal.vsnl.com/aspirations/Noise_LandmarkJudgmentofSCofIndia.html )Vidya Vihar is an educational campus. So is IIT Bombay at Powai. Can they be exempt from the enforcement of Noise Rules just because it is within their campus? Are there no activities taking place within the campus that needs undisturbed ambient air quality? Just because Management organises certain events or encourages such events to occur on their campuses, should it mean that those who are residing on the campus as in the case of IIT Bombay, be subjected to bearing noise from loudspeakers when festivals such as Mood Indigo or Annual Alumni Day celebrations or religious festivals are held? Campuses are meant for maintaining an ambience conducive for study and research any time of day or night. Holding of any festival or function which demeans the philosophy of maintaining the ambience, transgresses the directive principles enshrined in the Noise Rules as explained in the Landmark Judgment.The Court also observed that "a particular fundamental right cannot exist in isolation in a water-tight compartment. One Fundamental Right of a person may have to co-exist in harmony with the exercise of another Fundamental Right by others also with reasonable and valid exercise of power by the State in the light of the Directive Principles in the interests of social welfare as a whole". Further, it is to be stated that because of urbanisation or industrialisation the noise pollution may in some area of a city/town might be exceeding permissible limits prescribed under the rules, but that would not be a ground for permitting others to increase the same by beating of drums of by use of voice amplifiers, loudspeakers or by such other musical instruments and, therefore, rules prescribing reasonable restrictions including the rules for the use of loudspeakers and voice amplifiers framed under the Madras Town Nuisance Act, 1889 and also the Noise Pollution (Regulation and Control) Rules, 2000 are required to be enforced. We would mention that even though the Rules are unambiguous, there is lack of awareness among the citizens as well as the Implementation Authorities about the Rules or its duty to implement the same. Noise polluting activities which are rampant and yet for one reason or the other, the aforesaid Rules or the rules framed under various State Police Acts are not enforced. Hence, the High Court has rightly directed implementation of the same."Based on these principles, my personal opinion is that the ruling should have been that pending full hearing on Wednesday 7 January 2004, the organisers should follow the ruling of 19 December 2003 in letter and spirit.
There was no hearing on 7 January 2004 as was stated by the Vacation Judge on 29 December 2007.However, I visited the venue at Somaiya Vidya Vihar campus on 3 January 2004. I noticed that the pandal was erected on the playground about 100 m away from the Arts & Commerce College building, but was well within 100 m of the Engineering College, the Polytechnic and the student'd hostel and another building, presumably the administrative. Dr Kolhatkar came along with a decible recording meter and Mr Tamhane of Pestom Sagar Coop Hsg Society was present too. I took measurements on hand held meter and found that the discourse was at a very low volume and it was showing a reading of 60 dB near the A&C College. Only when autorickshaws plied on the campus road did the meter jump to 75 dB. In fact, I would recommend banning of autorickshaws within the campus.
If the decibel levels are going to be controlled strictly, the silence zone criteria banning loudspeakers altogether unless they were within enclosed auditoria could be modified. But the most important aspect of relaxing the criteria is observance of the rule and keeping the decibels low. There should be no let up on this, else total ban is better to adhere to.
Lastly, on 10 January 2004, the Bombay High Court Building completes 125 years and the Bar Association is holding a function in celebration of the event. The building is undergoing a face lift as also the main court room. The event is also taking place on the lawns of the High Court premises. Under the prevailing law, if the event takes place in the open air with loudspeakers within 100 meters of the High Court, I think it would be violating the Noise Rule. Can the Court make exceptions in their case, thereby diluting enforcement of the rule right across the social events in the city and the country, is a question the legal profession and the Judiciary will have to ask. (Refer letter to Chief Justice of India http://personal.vsnl.com/aspirations/Noise_Letter2CJofSCofIndia.html )
The High Court Building commomeration function was held as planned on the lawns of the High Court premises. Although the 19 December 2003 High Court ruling is being interpreted as if there is a blank permision to use loud speakers by the very premises around which the zone is defined as silence zone, primarily due to itself, it is very clearly spelt out that the rules 5 and 6 must be followed appropiately and strictly. This, the organisers seem to have followed as the decibel readings across the road (about 30 m away) did not undergo any noticeable increase during the function. Care seems to have been taken to ensure that smaller loudspeakers with lower wattage were used in a distributed manner. A formal report from Dr Kolhatkar is expected with precise figures.I have only one point to add. A complaint of similar nature was received from a resident of Borivali recently where on a municipal maidan meant for children to play, the ground was cleared for a ten day or a month long religious function where loud speakers were used indiscriminately and to add to the woes of the residents in the neighbouring areas, feces were being strewn all over the roads for what ever reasons. This is the effect of police not being vigilant and effective in enforcing the prevailing rules and law. The extract of Justice M B Shah finds great relevance.The decibel levels would be monitored at the Vidya Vihar campus. Please get in touch with me on my mobile number or send an email if you wish to witness the same until 6 January 2004.
Lastly, I understand that the MTDC has filed an intervension petition to make Banganga Music Festival and Kala Ghoda Festival exceptions to the rule of silence zone.RegardsThis is where technology has to come to play its role. It is not a new technology altogether but certain applications of these would surely make sound confined to the arena where musical festivals, or to that matter political rallies, take place at decibels that necessarily have to be high and clear to the listener. It is also necessary that it is nearly absent for persons beyond the area.
This is achieved by placing several low wattage speakers distributed all over the area so that music or speech, on sofisticated modern speakers can be heard at high quality in the close proximity of the speakers but beyond just a few meters, the decibels drop drastically.
To make the system economical, I understand radio transmission could be used. It is hoped that the charms of Bangngas and Rang Bhavans are not lost just because the rule is so rigid. The reason for its rigidity is simply because as a society we have not yet become 'noise' concious; that we have yet to understand that what we play or say on loudspeakers, in fact distubs others and many a time gives pain too and be caring about others. And most important is that the Police which is the law enforcing agency, has been overlooking breach of noise law.
Sudhir Badami
Concerned Citizen's Forum In IndiaMobile 98 216 85072 (email contact preferred)
--
RegardsSudhir Badami
Phone number: 91 22 23634645 Mobile 98 216 85072
Gilbert Buildings, 1 Babulnath 2nd Cross Lane MUMBAI 400 007 India------------------------------------------------------------------------
What's NEW: [11 January 2004] Protest against vandalisation of Bhandarkar Institute of Oriental Research.For Noise related updates [11 January 2004] visit http://personal.vsnl.com/aspirations
For Issues such as Urban Transportation, visit http://wc1.worldcrossing.com/WebX?1@@.ef48b3b You can voice your opinion on this site.
If you wish to be part of Concerned Citizen's Forum In India, please write to mailto:CCFII-owner@yahoogroups.com
------------------------------------------------------------------------
And if you are a PROFESSIONAL STRUCTURAL ENGINEER you are welcome to join a free website
Structural Engineer's Forum of India http://www.sefindia.org It is a knowledge sharing site.
---------- 0 ---------- 0 ---------- 0 ----------- 0 ---------- 0 ----------