4 November 2004On Seminar "Towards Noise Free Mumbai" 19 Oct 2004
Dear Mr Kamal Kashyap DGP Mah Police,
Mr Anami N Roy CP Mumbai,
Mr Ahmed Javed Jt CP Mumbai (L&O) and
Mr Satish Mathur Jt CP Mumbai (Traffic),I am putting up this note collectively to you all. I shall be sharing this note with Ms Sumaira Abdul Ali, the Convener of the seminar "Towards Noise Free Mumbai" held at Y B Chavan Pratishthan on 19 October 2004 and a few others who are actively involved in noise reduction activsms. The website http://personal.vsnl.com/aspirations contains several relevant postings in connection with Noise. I propose to put this up here also.
The purpose of this note is to let you have my responses to points presented by you all at the seminar, which I could consider as collective viewpoint of Maharashtra/Mumbai Police. The impression I carried after the morning session, when you all were present, was rather disappointing - that Police felt that they have been burdened with this 'onerous' task of enforcement of Noise Rule. There is no wonder why Police is facing difficulty in carrying out tasks which are not beyond its capacity. You are putting Law & Order in one compartment while "Mass assault by Noise" in another. You are giving the former a top priority while in reality, assault by noise is as much a law and order problem as any assault, and I am sad to see that you do not think in that light.
The seminar also brought into picture the other agencies who are responsible for enforcing the Noise pollution rules or norms, namely Maharashtra Pollution Control Board (MPCB) and Department of Industrial Safety and Health (DISH). I might touch upon these cursorily where relevant.
Before going further on the core issue, I would like to express my appreciation of the effort put in by Ms Sumaira Abdulali who organised the seminar and got all concerned people to the 'round table' and also brought out a publication on Noise. I also appreciate your presence in full strength at the highest ranks. Lot of matters have been already covered in the publication, hence I will try to restrict myself to the matters spoken on at the seminar, especially by the Police. I must be excused if I have missed some points covered by you, which might be considered important from your point of view. I, while covering various points, may also touch upon points not covered at the seminar but consider it important enough to express them to you. I am sure you would be able to evolve some action plan that will effectively bring down the noise that I equate it as assault.
From my understanding of the Noise Rule of EP Act 1986, the Commissioner of a City Police is the authority for enforcement of Noise Rule for noise generated by citizen activities in urban setting, with exceptions to activities that generate noise in the industrial setup which remain confined within the industrial premises. All noise that either gets generated in the public area or in private area, whether in silence zones, commercial zones, residential zones or even industrial zones and is of a level that exceed the limits prescribed in the Noise Rules of EP Act, comes under Police jurisdiction. I am open to correction. I also understand that suvo-moto action is expected from the law enforcing agency to prevent excessive noise generation. This is so because noise is recognised as a health hazard and it is equivalent to assault.
Having said that, permit me to touch upon various points related to Noise, which we are all trying to bring to acceptable levels; I begin with a few short points, which subsequently I have elaborated. I do hope that you would have time to go through them with patience:
1. Noise is recognised as health hazard, not just a nuisance.
2. Noise is a weapon of assault. It causes temporary as well as permanent damage. Generator of this harmful weapon may or may not know that he is assaulting people.
3. Though noise makers at socio-religious events are large in numbers, those who are subjected to assault by their noise is perhaps 50 times larger.
4. The night time hours of 9 PM to 6 AM of Noise Rule 1989 was shortened to 10 PM to 6 AM after public consultation, in the Noise Rule 2000. The first Azaans at dawn can continue at their specified time at about 5:30 AM. They need not use loudspeakers for that. Police need to recognize the ground reality that Azaans on loudspeakers disturb everyone.
5. There are enough number of locations in Mumbai where the prescribed decibel levels are not exceeded under normal situations. You might be knowing already that spoken voice gives out 65 to 70 dBA; if the power behind the voice is high, the throw of the sound is long. Loudspeakers with powerful amplification has much longer throw at high decibel. This needs to be understood.
6. Enforce halting of vehicles before the white line at road junctions, reintroduce signal change countdown displays, but bold and clear (similar to what they use in Bangalore, Pune and Delhi), introduce horning monitoring device in every vehicle and fine heavily those who horn continuously and frequently and you will have considerable reduced honking.
7. Phase out old vehicles, have PUC check up for noise also and the noise due to the vehicle machinery can be brought down. Get ruber bulb horns compulsory for all medium and heavy vehicles like buses and trucks and any use of pressure horns other than on highways away from habitations should be heavily punished. Also ensure that BEST buses do not use raising of engine instead of bulb horn to ward off people or vehicles blocking their paths. This will also help in lessening air pollution and improve fuel consumption.
8. Reverse horn and multi-toned horn are banned items ( M.V. Act ). Publicise this information. When a vehicle comes for PUC check up, existence of such horn needs to be checked and if present, fine the owner or the driver and confiscate such horns and destroy them.
9. When the Police grants permission to any one to use loudspeakers, it must ensure that the location of use does not fall within silence zone if the premises is not acoustically enclosed. Police must emphasize that decibels must not be exceeded. Ensure that there is a decibel meter available for verification where ever the amplification equipment is fixed, it should be provided by supplier of amplification equipment.
10. In a city like Mumbai there is continuous construction work in progress. If there is no new construction work in progress then there is this repair and reconstruction work going on. All these, including loading and unloading activities generate noise. However, there are periods such as at night time, that no construction activity must be permitted, including loading and unloading of building materials or rabid or dewatering of pits. This norm must also be followed for Sundays and in the afternoons between 1:00 PM to 4 PM when elderly, the babies and their mothers take restful nap.
11. When there is much to loose by way of not being permitted to make profit, even at other's discomfort or harm, people who do indulge in such activities may find it convenient if the law enforcing agencies looked elsewhere while they violated the noise rules. If the law enforcing agency was keen to curb greedy arrogant noise maker of this category, it would find ways and means to curb it rather than give excuses of not having decibel meters, or talk of religious sentiments and avoiding creation of Law and Order problem!Having begun with above points stated in brief, I now elaborate them. I would appreciate if you would go through these and give their due:
1. Noise is being politely described as unwanted sound. It is this politeness that has led to its growth to the levels that now has attained a status of being health hazard. Precisely for this reason (perhaps for other reasons as well) that the Noise Rules under Environment Protection Act got enacted.
2. Noise causes injury, some temporary and some lifelong, depending upon the decibel level and duration of exposure. Very high decibel for even a short duration could be 'deafening', besides being traumatic; medium level decibels at few hours exposure has its own damaging effect. These have been well presented in the Seminar publication handed to participants.
The fact that it causes injury, is good enough to equate noise as assault - assault on any living being. Depending upon loudness, duration and proximity, damages to health gets determined and it manifests in different forms other than only deafness.
Police needs to take this view, that is its being equivalent to an assault.. After all in a riotous situation also, police does take appropriate measures to either prevent its occurrence or control it or both. Preventive measures go upto even preventive custody in such situations that threaten law and order. I am sure appropriate preventive measures can be taken by the police in the situation that leads to assault on people by groups who are unaware of the damage noise is capable of causing or do so despite in know of it.
I am aware that Police has been doing their bit by talking to groups such as Ganesh Mandal and Dandiya organisers. Their efforts are surely reflected in the newspaper report of Sunday 24 Oct 2004, that the noise levels on the whole at the navaratri-dandiya events are lower than last years, though exceptions did exist, one such was at Chowpatty Bandstand within 30 m of Police Chowki (where last year things were relatively quiet on the whole).
3. This brings us to the 'majority' concept and the 'ground realities' as stated at the seminar. It was stated by one of you that "events such as Ganesh immersion are poor people's enjoyment and relaxation or 'let go'! When majority are enjoying, it is not possible to curb these in any way." I beg to differ on this and I am sure I am not alone. Firstly we must understand that Mumbai has a population density of 458 persons per hectare (45,800 persons per sqr km) in the Island City, 221 in the western suburbs and 208 in the eastern suburbs. If you remove the Borivli National Park and the salt pans on the coasts and consider only the habited areas, the density in the suburbs increases to nearly 300. These are one of the highest densities found in the world. In fact in some wards in the Island City, it is closer to 1000. During the working hours, the CBD in the south Mumbai touches 4000 (4,00,000 persons per sqr km as stated by one of you) - my guestimate is about 3,500 ppha.
Given these high densities, even a very small percentage of people who actually participate in such events as Ganesh immersion and enjoy is a large number in absolute terms. However, one must understand that the number of people who do not participate in such public events is much much larger, 50 times, in my rough estimate. Most of them are not only disturbed but are also traumatized. So, it is basically an event going berserk over the years, caring little for the people subjected to this assault. As you know very well, most of those traumatised are the poor folks you claim have no other way to 'let go'.
You have been reasonably successful in keeping the 10 day Ganesh festival at lower noise levels through dialogues with the Ganesh mandals. I think similar dialogue needs to be initiated for the idol immersions event.
Empower the sufferers who constitute the majority (50 to 1 ?) by clearly giving directives to the noise makers that amplified music and songs and use of drums shall not be permitted in the procession as also alcohol consumption. By giving such directive, I expect 80% of the noise makers complying. The rest will gradually start falling in line when the silent suffering majority begin to voice their pains and the police enforce the Noise Rule of the EP Act. You slacken here and you will never be able to enforce the noise rule and majority would continue to be assaulted by noise.
It is wrong for you to say that our cultural and religious events have been noisy by centuries old tradition. I would like to remind you that the degree of noisiness has got enhanced multifold only after the invention of loudspeakers and development of amplification technology. Even the Ganesh festival in its current form of public worship is less than a century old, began with no loud speakers. Also tradition keeps up with changing times for the benefit to society. You would recall that Sati was a tradition before the society on the path to become a civil society, abolished the tradition.
As regards 'ground realities', inaction by the police to lessen the noise allows noise makers to become belligerent and inconsiderate to other's right to peaceful existence. Police action is needed at every transgression of noise limits, all round the year. Ground reality is that permission to use loudspeakers is granted by the police but police does not seem to be convinced that they need to go beyond the piece of paper they give and tell the organisers of an event using the amplification to keep the volume within the prescribed limits, that the owner of the premises is liable to be prosecuted under the EP Act, inviting punishment of Rupees one lakh and/or prison upto five years for non compliance. In fact, if the Police clearly warns the supplier of amplifier as well as the person responsible for organizing the event that they shall be liable to this punishment as they are seeking the permissin to use the amplifier and loudspeaker, the warning itself should be good enough to have them behave themselves. It is no use saying that in Pune, those taking out processions on the Ganesh immersion day threatened a Pune bundh if they were not permitted to use loudspeakers. Conceeding to their 'threat', Police only harm the efforts to reduce noise pollution. NGO's must take initiative in 'educating' the people noisily participating in the immersion procession. This will be definitely be resulting in reduction in noise.
You might not have heard this case as it was mentioned in the afternoon session; I heard from a senior citizen, a doctor residing on Lamington Road (D Bhadkamkar Road) that they were subjected to 10 days of noise from 'Ganesh immersion processions' - especially at night. One noisy procesion at snail's pace at unearthly hours is good enough fo causing damage and there is the Police station righ on the DB Road!
Your not giving directive this year let off the lid that was placed last year on Dandiya events and I could hear music loud and irritably clear more than 100 meters from Chowpatty Bandstand; the dandiya location is barely 30 meters from a police chowki! all the Navaratri nights beginning at 8 pm and ending around midnight. The Dandiya music from the Babulnath temple in the other direction was much louder on the last night of Dussehera (22 Oct 2004) - it is also more than 100m from my residence. Perhaps these instances were the exceptions. If such exception are not brought to book or curbed, exceptions become rule of the day and enforcement becomes that much more difficult.
You say that the 'ground reality' is that one cannot curb the noise makers especially on religio-cultural events else it could lead to Law and Order problem which is top priority for you. My contention is, "is mass assault with the weapon called Noise not a Law and Order problem?" Is Law and Order problem only when physical blows are exchanged?
Police needs to look at these issues from the perspective I have tried to portray.
4. Question was asked by one of you as to the sanctity of the 10 PM to 6 AM declared as night hours, when no loud speakers are permitted according to the Noise Rules of EPAct. As mentioned by myself at that time at the seminar, the Noise Rule 1989 had specified it 9 PM to 6 AM, but when its sanctity was questioned by the public, a six month long public consultation was initiated and in Feb 2000, the rules in its present form, barring the 2002 amendment, came into force. It stipulated the 10 PM to 6 AM as night time hours and also mentioned that besides the loudspeakers, beating of drums and anything that made noise in excess of the specified levels were banned; this ban is applicable at all times in the silence zones. (In a judgment in 1996, a High Court of either Karnataka or West Bengal gave a directive banning use of loudspeakers between 9 PM to 7 AM.)
The 2002 amendment introduced 15 days in a year that any state government could so notify in advance on what days the day time hours were extended from the normal 10:00 PM to 12:00 midnight . A PIL as been filed in the Bombay High Court challenging the notification from Maharashtra Government and its hearing is awaited. Meanwhile the HC has been giving interim orders in connection with the "Silence Zone" aspect of the same petition. These HC orders are readily accessible at the website http://personal.vsnl.com/aspirations.
Having said this, I would like to mention something most of us know or practice unknowingly, that about 8 hours of sleep is necessary for an individual, to remain physiologically and psychologically healthy. The period from 10 PM to 6 AM constitutes 8 hours. This is not to say that these are the 'sleeping' hours for all but essentially a period most would have major sleeping hours overlapping. This is the period when making any kind of noise is equivalent to waking up a resting-sleeping person, after which, the person is unlikely to get restful sleep again that night, considering that noise persists. If this happens time and again for some or the other public or private event, persons get unrestful sleep at nights, personal efficiency drops and also physiological and psychological health gets effected.
When one of you stated that a 10:00 PM to 5:30 AM timing would have eased your enforciability of the law, I would say that you are missing the point. Azaan at 5:30 or 5:45 AM is all right if done without loudspeakers, which was the tradition, but why should everyone be woken that early by use of loudspeakers?
It is well understood that a half hour further advancement would have made use of loudspeakers from Mosque minarets for Azaans legal. There are two counts on which your stipulations are incorrect. Firstly, in a dense city of Mumbai, mosques fall within 100m of a place of education, religious place, a hospital and perhaps a court and therefore not necessarily the sole reason for the location being declared as silence zone. Hence use of loudspeaker for public address is banned all 24 hours of the day. Secondly, the HC order specifically states that loudspeakers may be used for its own functional use within the premises of the reason for which an area is declared as silence zone, the relevant clauses of Noise rule still has to be followed which is to say that either keep the decibels within the limits specified or use the loudspeakers within an acoustically enclosed area from where noise does not come out. The reason for granting legal sanctity does not arise as mosques falling within silence zone, azaans in the morning or to that matter round the clock on loudspeakers is banned, not withstanding the Government of Maharashtra giving a blanket permission to mosques in March 1977 to use loudspeakers for azaans from minarets.
As a matter of information, Mr Satish Saahney, former CP of Mumbai stated that the permission for use of loudspeakers for Azaan was granted in 1977, just prior to the then general elections (just at the end of internal emergency?). Firstly, the EP Act came into force in 1986 and the Noise Rule in 1989, amended in 2000. This Act superceded all other previous ruling or order concerning environment which includes Noise. Also, though not relevant now, from present norms of Code of Conduct for elections, yhe election commission would not have taken to this apeasement (if at all it could be termed appeasement) kindly.
All of us know very well that the Azaan calls from mosque/minarette loudspeakers create cacaphony as several small mosques in a neighborhood go on all togetehr asynchronously. Add to this, the constitution gives right to every citizen to practice his or her religion in one's own way, besides giving right to peacful existence - this cacaphonous azaan call is not necessarily appreciated by even the practissioners of Islam residing in these neighbouhoods, not to speak of those who practice other religions.
Therefore it is very necessary that Police does not look for easy solution to this problem as there is no such easy solution other than enforcement of this law uniformly and create atmosphere of good governance.
5. A statement was made by one of you about the ambient noise level at Banganga at about 8:00 PM being far in excess of permissible of 50 dBA in silence zone. I was present there and I would say that the observed 60 dBA is definitely higher than the permissible limit for a silence zone. In fact on 10 January 2004 when the Bar Association had organised celebration of 125 years of Bombay High Court Building, with the traffic on road on the oval side diverted and the function organised on the lawns of the High Court, even at this location and situation, the decibel meter recorded about 60 dBA and this did not change materially when the function began with well modulated amplification. Unless cars are honking, the normal ambient noise level is around 70 dBA on the roads during peak hours.
What was not mentioned about the Banganga noise level testing was that a low powered broadcast was carrird out and though the sound was about 75 to 80 dBA within the areas where the distributed speakers were placed, the 'noise' level was same as the ambient level just about 3 to 5 meters beyond the furthest speaker. The Bombay High Court was also using low powered amplification and no sound came out of the court lawns. This came about because the Bar Association wanted to ensure that the HC order did not get violated and maintained the decibel levels.
One of you light heartedly stated that the decibel level within the court room reached about 70 dBA, much beyond the limit prescribed under the Noise Rule. Either you are ridiculing the Noise rule or you are not giving the due it deserves. In a court room, arguments spoken (without loudspeakers) are heard and human voice usually gives out sound of about 70 dBA. What is important to understand is the throw of voice is limited. This is what was observed at the High Court celebration reading; when we spoke, the decibel meter recorded about 70 dBA, hence we spoke in whispers, almost in the ears to prevent wrong recording. At Banganga, youngsters were playing cricket and naturally their shouts were contributing to the ambient noise levels in their proximity. While the arguements about ambient noise level being high at Banganga as well as at High Court - University neighborhood, it is the deliberations in the court room that needs to be loud and clear and if that is what causes high decibels then it is quite in order so long as the noise emanating from within the court room is within the prescribed limits outside it. ( I do agree that the City Civil Courts at Dhobi Talao does have high ambient noise levels but the source is the traffic)
6. Horn: There has been tremendous increase in use of horn. Not only is horn used by most as it should, i.e. of very short durations, to ward off unconcerned pedestrians walking into a driving lane or while changing one's own lane, it has become, for some, a habbit to horn for long duration at signals, at front cars, moving at speed less than one's impatience level, at pedestrians on the driving lanes blocking one's own lane. I would attribute it to two reasons. Cars not halting at proper line at signals, thereby their not able to see a red change to green in time and cars behind getting impatient at being held back because of the car halted ahead of halt line, is not moving. The second reason being the newer cars having very good pick up being held back from moving fast by the slow moving traffic, impatience taking over better sense and honking resorted to. Also, most cars are airconditioned and are well insulated from external noise. This leaves the pedestrians and residents subjected to unreasonable honking noise.
"Honking gets you nowhere but to deafness and anger, honk only when absolutely necessary" kind of campaign is needed. On the enforcement side, ensure that cars are halting at the halt line and also reintroduce countdown display, but bold and clear this time as in use in Delhi, Bangalore and also Pune. Enforcement of "Halt before the halt line" is something Traffic Police can do very well. After all Police have, by their strict enforcement, managed to introduce the culture of use of seat belts!
7. Noise from general traffic falls under the category of machinery emanated noise. Just as vehicular emission norms have been established, the decibels generated by the vehicles must also be checked. Phasing out of old cars will take care of this problem as newer cars seem to be very silent.
I would like to bring to your attention that BEST has the rubber bulb horn which is adequatly loud, distinct and does not have a long throw. This perhaps be made compulsory for any medium to heavy vehicles and all buses to use within city. However I notice that BEST drivers use the raised engine sound to ward off people and other vehicles before them. This noise not only adds to the general noise on the road but also causes high decibels within the bus. It also is one of the major reasons for poor fuel consumption of BEST buses despite their supposedly being well maintained.
Two wheeler emission noise was also mentioned as which is much much higher than cars. It is known fact that in the absence of silencer or under performing silencer, the fuel consumption is lower. This needs to be checked.
8. Banned Horns: (1) Reverse horns are banned item mainly because, unlike driver's horn which is supposed to be honked once or twice for fraction of seconds, reverse horns are continuous and loud. If at all one needs to warn people or animals standing or resting at the back of a vehicle, it could do so with a unique low volume tick-tick-tick sound. (2) High pressure horn having long throw and high decibels.
I am sure that just as PUC is a requirement, while that is being done, have a check on horns as well as engine emission noise. If any vehicle has these banned items, the car should be impounded and have the owner personally come and remove the horn and pay a fine and also destroy the horn. I have a proposal which could use technology for better traffic pollution monitoring but that I will have to do another time.
9. From the talk at the seminar I get the impression that there seems to be an over emphasis on collection of fines and prosecution and then poor rate of convictions instead of searching out for solutions. I think Police may look at it differently. After all an innovative thinking and dynamism of Ms Indrani Malkani got many schools insisting on their students commute in school bus rather than have their cars come to drop and pick them up. Besides reducing traffic jams, the honking of every car coming to drop or pickup vanished. (it is another story that the watchmen get busy blowing whistle).
10. We know that silence zone is minimum 100m around a court, an educational institution, an hospital or a religious place. The high court has given a ruling that the very institution for which the area within 100m of it is declared as silence zone may use loudspeakers for its functioning provided that it follows the Noise Rules in regard to keeping within the decibel limits or such use is within, noise wise, enclosed premises.
Considering the population density of Mumbai, there is an educational institution or a religious place at evry nook and corner so to speak.
Educational institutions at one time used hand operated bell which was no doubt loud but pleasantly modulated and of two or three gongs in about 2 seconds. Today, the electric bell rings very loudly for a continuous 5 to 7 seconds period. That is jarring in the neighbouring residences. Many times school is housed in residential buildings and the plight of people in these buildings is considerable; when the school works in double shift, there is no respite. This aspect needs to be attended to from department of education so that there is a peaceful coexistence on this count.
However there is another count that needs attention and here police comes into picture. Schools have assemblies in their Assembly Halls. Loudspeakers are used for which perhaps permission is granted by the Police. The school does not seem to be knowing that the permissionis to use it while observing the Noise Rule mentioned above; the decibels are never under control. The schools and colleges also hold their socials and some programme or the other and now a days they organise to have a DJ (Disco Jockey) handle music. DJs thrive or live with high decibels and perhaps are used to enclosed premises. However, school and college assemblies are not enclosed premises persay and these high decibels disturb people in the neighbourhood, besides being violative of the Noise Rule. Also, the students not only need to be made aware of environment but also how to preserve it and allowing them to violate noise rules is equal to double standards - that what is in the curriculam is not what one lives with!
Similar is tha case of religious places. We have already metioned about Azaan; many times community announcements are also made on these horn type loudspeakers. On the otherhand we have these Jain Derasars where day long 'pravachans' are held interspersed with bhajans and kirtans. The 'pravachan karta' gets enthusiastic when he has a microphone before him. The example of "Church of God (Full Gospel) in India Vs K.K.R. Majestic Colony Welfare Association (2000.08.30)" is often quoted and the SC judgment is truly a landmark judgment as regards noise, religion and law enforcing agency. Except during an aarati, I have no personal knowledge of Hindu temples making noise, especially using loudspeakers; but I am sure there must be some place where people do get excited with microphone in their hand. So, use of loud speakers need to be controlled even at religious places. This does fall under the scope of Police as Police gives permission to these parties also.
Use of loudspeakers within court building and hospitals have to be controlled by their respective administration but in case of hospitals, if administration fails to control and the anouncements disturb the inmates of hospitals then recourse to police help is necessitated, especially if hospital administration refuses to tone down indiscriminate loudspeaker use.
11. Construction Noise: In a city like Mumbai, especially in the island city where not only the population density is one of the highest in the world but has many dilapidated structures undergoing repairs and reconstruction, there is a continuous construction work in progress. If there is no new construction work in progress in some areaa then there is this retiling work or carpentary or plumbing work going on. All these, including loading and unloading activities generate noise. Use of low noise construction equipment must be insisted upon. However, there are periods such as night time, that no construction activity must be permitted, inclusive of loading and unloading of building materials or rabid or dewatering of pits. This norm must also be followed for Sundays and in the afternoons between 1:00 PM to 4 PM when elderly, the babies and their mothers take restful nap.
12. Noise is generated by non-commercial activities as well as commerial activities. Selling of mechandise or foodstuff, organising a public dandiya gathering, construction work etc are profit making activities, irrespective of its objectives of meeting culunery, social or housing needs of humans. When there is much to loose by way of not being permitted to make profit, even at other's discomfort and harm, people who do indulge in such activities may find it convenient if the law enforcing agencies looked elsewhere while they violated the noise rules. If the law enforcing agencies were strict, no arrogant greedy noise maker would be able to do that. If the law enforcing agency was keen to curb such greedy noise maker, they would find ways and means to curb it rather than give excuses of not having decibel meters, or talk of religious sentiments!
Noises confining to within industrial premises due to industrial operations or even those in theatres or discos need to be controlled from health point of view. These may have to be tackled with MPCB/DISH or appropriate authority in charge of enforcement of Cinematographic Act. As for aeroplane takeoff and landing noises, perhaps some ban on 10 PM and 6 AM could be imposed as it is followed in many countries. Or some other method to lower its ill effects on the residents.
There is no doubt, some noise levels have come down with greater awareness among citizens and the Police, and Police talkng to ganesh mandals and dandiya organisers, but as cited, newer exception keep raising their heads and inaction by police leads to others joining in the fray to make noise. It is important for Police to apply the law (of the Law and Order) and bring order in the society so that no one gets assaulted by noise.
Regards
Sudhir Badami
98 216 85072
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If inclined to a further dose, I reproduce my email to JCP AAhmed Javed I sent last year on 28 September 2003. We have progressed allright, held the seminar and greater awareness and some Police initiatives have affected the noise levels.
Subject: [CCFII] Few more thoughts after meeting you on Friday
Date: Sun, 28 Sep 2003 10:39:38 +0530
From: Sudhir Badami <badami@vsnl.com>
Reply-To: CCFII@yahoogroups.com
Organization: Concerned Citizen's Group In India
To: Jt Commnr of Police Mumbai <ajtopcop@hotmail.com>,
Concerned Citizens Forum In India <CCFII@yahoogroups.com>
28 September 2003
Dear Mr Ahmed Javed,
It was nice to have met you at NDTV studio on Friday night, discussing Noise Pollution and the Navaratri Festival. This mail got held up due to some technical problem with my computer and could not send it the same night as I had proposed.
As I had mentioned, I would like to organise a seminar on Noise per se, covering the Industrial, Urban as well as Social Noise. I feel this will assist in bringing about greater scientific awareness among people that, like air pollution, efforts must be made to reduce noise in all walks of life. I will keep you updated on this and hope that Police too would participate.
The E.P Act 1986 and the Noise Rule (Regulation and Control) 2000 as amended from time to time, the latest being the second amendment made on 11 October 2002 and the consequent Notification of Govenment of Maharashtra of 7 April 2003 makes certain provisions for use of loudspeakers during festivities. The enforceable Noise Rule were perhaps not fully known even to the police as the first amandement made on 24 Novenber 2000 clarified a few points and also included 'religious places' within the silence zone definition.
The only purpose of Dr Oke's Petition of 20 August 2003 has been to bring down the misery people suffer due to noise from inconsiderate behaviour of a small percentage of citizentry. The 'social' noise is, as he had put it, avoidable noise. Being a technical person, I believe that there is scope to reduce the Industrial as well as Urban noise and hence the idea of the seminar.
Having said that, let me come to the current scenario.
I am quoting the relevant Directive of the Hon'ble HC from the order of 27 August 2003.
6. The Commissioner of Police is directed to publish notice in the newspapers that nobody will be permitted to use Loudspeakers other than as provided in the notification dated April 7, 2003. He will also ensure that even during the permissible period upto 10 p.m. or 12 midnight, as the case may be, the Loudspeakers would be tuned at a reasonably low decibel.
>From what I have read in the news paers in English, Marathi, Hindi and Gujarati, including the eveningers, no notice has appeared in the news papers since 28 August 2003. Besides being a HC Directive which must be given the due respect, I think simple press notice emanating from the Police would have given direction to one and all that the enforcing authority is serious about it and the effected, suffering public get a feeling of relief that some serious measures are being taken to address their plight. I think it is still not late to do so, although there has been implementation of
'no loudspeakers' after 10 PM / 12 midnight in the last two nights. I think it would give the right signals to all concerned.I am giving below a draft of a possible press notification that you may find it worth issuing, suitably modified.
We would like to thank the Navaratri Festivals organisers and the public at large for the cooperation extended to us in maintaining the loudspeaker timing norms in the first two nights of on going Navaratri Festival. We look forward to continued cooperation.Please also direct every police station and the central control room to register every complaint and give a registration number. Just like you maintain and display record of crimes detected and attended to, please make a public display of this knowledge. This will ensure that public knows about it and the politians too. Polititians should get the pulse of the situation and should create atmosphere for reducing noise rather than agravating it by bringing about dilution to the rule of law.In the light of the Hon'ble High Court Directive and the complaints we have been receiving, we would like to bring to everyone's attention that the law requires that neither loudspeakers nor vehicular horns be used in the 'Silence Zones' during day or night. Besides this, the decibel levels are required to be kept within the specified limits even in non-Silence Zones. Without public cooperation, it will be very difficult
to maintain the decibel limits. Efforts are on to bring noise levels down but those which are avoidble noises, which definitely affect a large number of people adversely, need to be controlled.As per the law, Silence Zone is defined as the area falling within 100 m of Courts, Educational Institutions, Hospitals and Religious Places. Considering the density of population in urban setting like Mumbai, large number of people do get adversely affected, a fact none of should ignore. Therefore all concerned who use loudspeakers, whether in Silence Zones or otherwise, or make noise using horn or drums or by any other means should cooperate in following the law and desist from
making noise. It is the spirit that is more likely to be succesful as we have experienced from the past efforts and then we have the legal sanctions to book the defaulters on receiving complaints.Complaints may be made at Central Control Room at 100 or 103 - please be brief, giving location and if possible the precise source. You are not required to give your name. You should ask for the registration number. We will try to attend to each complaint promptly. This effort is an ongoing effort not restricted to festivies time but throughout. Please make efforts to create a civil society and extend your cooperation to us in our efforts in enforcing the law.
I can only add that unwanted noise, even at low decibel, is an assault. It can be compared with someone physically assaulting another and just as these physical assaults can be of different degrees, so can noise assault be of different degrees. If there is law to protect someone from one type of assault, and the Police does interveen in such cases, should they not treat assault from noise similarly?
Your issuing a press note is the begining and the seminars I propose of is additional way towards bringing down the decibels. It also tells that Police does not disregard Court Directive.
I am sharing this mail with a few persons belonging to a recently formed Forum called "Cencerned Citizens' Forum In India".
Regards
Sudhir Badami
Phone number: Mobile 98 216 85072
Babulnath MUMBAI 400 007 India