Subject: Democratic Process in Jeopardi ???
Date: Thu, 24 Jul 2003 13:24:41 +0530
From: Sudhir Badami <badami@vsnl.com>
Organization: Badami Innovations and Engineering Consultants
To: "Dr. A P J Abdul Kalam" <presidentofindia@rb.nic.in>
CC: Atal Bihari Vajpayee <vajpayee@sansad.nic.in>, "T. R. Baalu" <mef@menf.delhi.nic.in>
Dr Abdul P J Kalam
President of India
Rashtrapati Bhavan
New Delhi"Dr. A P J Abdul Kalam" <presidentofindia@rb.nic.in>
Dear Honorable President, Dr Kalam,
I am attaching the email dated 16 December 2002 sent to Dr T R Baalu, Minister for Environment and Forest. The Honourable minister has had no courtesy to acknowledge receipt either to my mail or to other people who felt strongly about the noise pollution as well as the manner in which the democratic process was subverted and have similarly sent mails to him.
Your intervention to prevent the subversion of democratic process would be very much appreciated.
Also, as a scientist you are aware yourself that noise has adverse effect on humans and animals. The silent majority not only get 'muted' in the din of politically bullied environment but also go deaf and get hypertension. With the festive season commencing very shortly, it is going to be nightmarish to hear the noise generated during the idol immersions in highly dense metropolises. This never existed before the wide spread unhealthy competitive use of loudspeakers.
A three kilometer procession stretch with 500 m noise affected band on either side and a population density of 500 persons per hectare involves 3000 x 1000 / 10000 x 500 = 1,50,000 people. Mumbai has several roads on which idol immersion processions take place and the number of people getting affected by the very shrill and very high decibels over the entire more than 12 hour period going well past midnight covers easily a population of more than 25 lakh. The Navaratri Dandiya noise being all over the city affects surely more than 80 lakh.
You as the guardian of our constitution have a responsibility. Supreme Court's directive of as far back as 21 November 1991 for making Environmental Science subject compulsory in a graded manner in schools upto Junior College levels starting from the academic year 1992-93, has been dealt with apathy by education authorities and this has been brought to SC's notice (Times of India report 24 July 2003 pg 5 Mumbai Edition) to which the SC has questioned the authorities for showing apathy towards implementation. You can very well understand that if we do not impart education in Environmental Sciences, we can never hope to improve our degrading environment.
I would appreciate your initiatives in both issues namely the subversion of democratic process as well as on noise pollution.
With regards
Sudhir P Badami
Phone numbers: Mobile 98 216 85072 Land Line (91 22) 2363 4645
Gilbert Buildings, 1 Babulnath 2nd Cross Lane, MUMBAI 400 007 Indiacc
1. Shri Atal Bihari Bajpayee
Prime Minister Of India
7, Race Course Road,
New Delhi-110011
Tel. (011) 3018939, 3011156
Fax. (011) 3019545Shri. Atal Bihari Vajpayee <vajpayee@sansad.nic.in>
2. Shri T R Baalu
Minister of Environment & Forests
Ministry of Environment and Forests
Paryavaran Bhavan, CGO Complex
Lodhi Road, NEW DELHI - 110003 INDIADr. T. R. Baalu <mef@menf.delhi.nic.in>
Attachment:
Subject: Democratic Process in Jeopardy
Date: Mon, 16 Dec 2002 11:40:53 +0530
From: Sudhir Badami <badami@vsnl.com>
Organization: Badami Innovations and Engineering Consultants
To: "T. R. Baalu" <mef@menf.delhi.nic.in>
CC: Dr Y T Oke <yeshwantoke@yahoo.com>, Dr Prabhakar Rao <prabrao@vsnl.com>,
K C Misra <secy@menf.delhi.nic.in>, K C Misra <kcmisra@nic.in>,
Kirit Somaiya MP <kirit@sansad.nic.in>, Kirit Somaiya MP <kiritsomaiya@hotmail.com>,
Joint Secy at MOEF Dr V Rajagopalan <raja-g@nic.in>16 December 2002
Friends,
I endorse Dr Oke and Dr Prabhakar Rao's note "Democratic Process in Jeopardy". I am sending in the following statement to MOEF. If you are convinced that the Democratic Process is in jeopardy, I trust you will not remain a mute spectator. We have to be vigil all the time and tell our representatives to not tamper with anything without proper democratic means. They have been elected to do that in the Parliament, the Legislatures and the Corporations and not allow subversion of the democratic process by a few representatives with vested interests.
Please Copy/Paste the following and modify to suit and email or fax or post to addressees given there in. Please also inform your friends and people known to you, by copy/paste the entire text of this mail for them to also make an informed protest.
Regards
Sudhir Badami
To - - - o0o - - -
Mr T R Baalu
Minister of Environment & Forests
Ministry of Environment and Forests
Paryavaran Bhavan, CGO Complex
Lodhi Road, NEW DELHI - 110003 INDIAEmail ID: Mr. T. R. Baalu <mef@menf.delhi.nic.in>
Sir,
I/We have reasons to believe that unconstitutional means have been adopted by your ministry in amending the Noise Rule 2000 and introducing the Noise Rule 2002 and by that token put the Democratic Process to Jeopardy. Simultaneously, your ministry, the custodian of our environment, has allowed the health hazard to go uncontrolled at the mercy of benefitting lobbyists.
I/We endorse Dr Oke and Dr Rao's note "Democratic Process in Jeopardy" and demand that the Noise Rule 2002 be withdrawn summarily.
Distressed at your mute endorsement of Noise Rule 2002,
Sudhir Badami
cc
1. Secy at the Ministry of Env. & Forest Mr K C Misra <secy@menf.delhi.nic.in> ;
2. Fax to Mr Vilasrao Deshmukh 91 22 2363 1446 or 91 22 2202 9214
2. Fax to Mr Chhagan Bhujbal 91 22 2369 8585 or 91 22 2202 4873
3. Mr Kirit Somaiya MP kirit@sansad.nic.in or kiritsomaiya@hotmail.com
4. Joint Secy at MOEF Dr. V. Rajagopalan <raja-g@nic.in>- - - oo0oo - - -
Democratic Process in Jeopardy
Dr Y T Oke & Dr Prabhaar Rao
How people have been taken for a ride by the Member of Parliament, concerned Ministers of Maharashtra Government and also, by none other than the Commissioner of Police, the Implementing / Enforcing Authority for Mumbai, of Environment (Protection) Act 1986, and the Noise Rules 2000 framed under it.
It is significant to note that on the evening of Saturday, 12 October 2002, ZEE TV telecast on the ticker, the NEWS item that the loudspeaker timing for the disco-dandiya has been extended from 10 PM to 12 midnight. This was later amply supported by above persons and the press. How did it come about?
V. Rajagopalan, the Joint Secretary at the Ministry of Environment and Forests, New Delhi, signed the notification dated 11 October 2002 by which Sub-rule [3] was added to Rule 5 of Noise Rules 2000 and the rules were now called Noise Pollution (Regulation and Control) (Amendment) Rules. 2002
This resulted in tremendous noise pollution by blaring loudspeakers of disco-dandiyas all over Mumbai and Maharashtra till midnight on the nights of 12th, 13th and 14th October 2002. It caused irreparable damage to the sleep and health of several lakhs of people in the state.
Let us see the background of Noise Rules, February 2000, which were formulated under the E.P. Act 1986, by calling the suggestions and objections from members of the public likely to be affected by them all over India as early as June 1999.
Rules were formulated as the ministry found that the increasing noise levels in public places from various sources, inter alia, industrial activity, construction activity, generator sets, loud speakers, public address systems, music systems, vehicular horns and
other mechanical devices have deleterious effects on human health and the psychological well being of the people; it is considered necessary to regulate and control noise producing and generating sources with the objective of maintaining the ambient air quality
standards in respect of noise.Rule 3: Ambient Air Quality Standards stipulated for residential zone: 55 decibels during the day (6 AM to 10 PM) and 45 decibels during the night (10 PM to 6 AM). (Please note that the effect of noise at 55 dB is not 1.22 times of that at 45 dB or to that matter effect of 100 dB is not twice of 50 dB but approximately, for every 3 dB increase, the effect is double. Thus, the effect of 55 dB is 10 times of 45 dB and 100 dB is 1,00,00 times that at 50 dB)
One should note that the decibel levels have to come down after 10 PM so as to ensure sound restful sleep for the people.
The supreme court, in its landmark judgment on Noise Pollution on 30 August 2000 in the dispute between "Church of God Vs Majestic Welfare Association, Chennai" deliberated in detail on Noise Rules 2000 and passed orders. The Court stressed that
1. Beating of drums or reciting of prayers by use of microphones and loudspeakers which disturb peace or tranquility of neighbourhood should not be permitted.As per Census 2001 figures, 12 % of Mumbai comprise of children less than 6 years. There are reasonably large number of people who are aged and sick needing tranquil environment. There are many in the younger healthy ages who have low tolerance limits and most others, given the choice, prefer a good resting sleep than be disturbed by some noise or the other.
2. Increasing noise pollution is having many evil effects including danger to health.
3. Noise Rules 2000 are required to be enforced.
4. Aged, sick, people afflicted with psychic disturbances as well as children upto 6 years of age are considered to be very sensitive to noise. Their rights are also required to be honoured.
5. Even though the rules are unambiguous, there is lack of awareness among the citizens as well as the implementation/enforcing authorities about the rules or its duty to implement/enforcing the same. Noise polluting activities which are rampant and yet for one reason or the other, the afore said rules or the rules framed under various State Police Acts are not enforced.Sub-rule [3] reads as follows: "notwithstanding anything contained in Sub-rule [2], the State Government may, subject to such terms and conditions as are necessary to reduce noise pollution permit use of loud speakers or public address systems during night hours (between 10 PM to 12 midnight) on or during cultural or religious festive occasion of a limited duration not exceeding fifteen days in all during a calendar year."
Sub-rule clearly mentions words "to reduce noise pollution".
SOCLEEN (Society for Clean Environment) recorded decibel levels between 85 to 105 in different parts of Mumbai where disco-dandiyas with loud speakers were held on the nights of 12th, 13th and 14th October 2002 after 10 PM to 12 midnight.
To summarise, obviously the Member of Parliament, politicians and the Police Commissioner have not only violated the E.P.Act 1986 and Noise Rules 2000 & 2002, but have also violated the Supreme Court Order.
Section 15 of the E.P.Act 1986, lays down severe punishment of fine upto Rs.1,00,000 or imprisonment upto 5 years or both to anyone who pollutes or abets pollution.
Section 17, lays down that even government servants are not immune from this penalty.
As regards slipping in the Sub-rule [3] and calling it Noise Rules (Control and Regulation) (amendment) 2002 is concerned, one would like to question the validity and intent of the same since the notification was signed by the Joint Secretary on a Friday and without its being Gazetted, allowed its wrongful publicity on Saturday, a closed Second Saturday.
Was the Joint Secretary entitled to issue such a notification of amending the Noise Rule without Public Consultations again? And its implementation to have come into force only after its appearance in the Gazette? The timing of signing such a notification clearly shows the wrongful intent. 12th and 13th being closed days, 14th being the eve of Vijaya Dashami and a day of Ayudha Pooja when nothing gets done in offices other than Worshiping of Work Implements.
Two things will happen if the surreptitiously introduced Noise Rules 2002 goes unchallenged. The Government of the day may start violating every such law/rule to suite the benefiting lobbyists and destroy the fundamentals of Democracy. The second thing is that, given the population densities and even the current ignorance of concepts of noise intensity quantified by decibels, we will be a society of intolerant people, for the wrong things, and consequently deaf, prone to blood pressures and cardiac problems and an unrested and angry populace.
Can the so called 'enjoyment' of a few be the cause of misery forced upon minimum fifty times the number of people be ever permitted? This also means the blaring loud speakers used during prayers meant for people within the premises of the place of worship, even during the day.
It is a matter of upholding the Democratic Processes on the one hand and on the other, preventing health hazards.
The question now arises "Are the Politicians, the Bureaucrats and the Commissioner of Police" above law? Then who will bell the cat?
If people remain mute spectators in the fight on Noise Pollution, they run the risk of becoming deaf and sick.
"AWAKE and ARISE" is the mantra to be relentlessly chanted to protect Democratic Processes.
DR.Y.T.OKE,
F.R.C.P.,D.C.H.[LON],
Secretary, Anti Noise Pollution Committee, Mumbai.
Dr Y T Oke <yeshwantoke@yahoo.com>Dr. Prabhakar Rao
M.D., D.G.O., F.I.C.O.G.
Chairman, Anti Noise Cell
Association of Medical Consultants, Mumbai
Dr Prabhakar Rao <prabrao@vsnl.com>