Press Release: On N O I S E - Note on Order of 29 December 2003 Vacation Court
Friends in the Press and TV Media
I once again reach out to you to keep you abreast on how there are violations of noise rule by the state as well as by autonomous public and private bodies. There are three points, 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.
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 )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."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.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.
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 )
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.
Regards
Sudhir Badami
Concerned Citizen's Forum In IndiaMobile 98 216 85072 (email contact preferred)
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