A post by an IAS officer of the Madhya Pradesh government Shailbala Martin which she wrote on the social media platform X questioning the use of loudspeakers in temples has sparked a controversy. Her post has sparked a widespread debate on noise pollution and religious practices. Shailbala Martin expressed concern about the possible disturbance caused by loudspeakers installed in temples, which can often be heard far away, late at night.
Martin had raised the question of loudspeakers being played in temples while replying to another post. Comparing the noise pollution caused by the Azan in mosques and the DJs being played in front of temples, a journalist had written on X, “The argument being given is that when the sound of Azan from loudspeakers in mosques disturbs people, then why should there be a problem with playing DJs in front of mosques. But I have a question for DJ-lovers, if loudspeakers are removed from mosques, will the DJ and dirty sloganeering stop?”
The issue of noise pollution
The IAS officer’s post apart from taking a communal turn also sparked a war of words between the BJP and Congress and a debate on noise pollution too. However, amid this debate, one must not forget that the problem of ‘noise’ is not limited to any one state or city.
If we talk about the law in this context, then under the Noise Pollution (Regulation and Control) 2000, the Central Pollution Control Board (CPCB) has set noise standards for four different types of areas – industrial, commercial, residential and silence zones. According to the Bureau of Indian Standards, the maximum limit for horns is 125 decibels. While for two-wheelers, it is 105 decibels. Legally, if the noise level is more than this, the license can be confiscated.
Additionally, violation of the Environment Protection Act 1986 and the Noise Pollution (Regulation and Control) Rules 2000 is punishable with imprisonment and a fine. There is no denying that people have very little awareness of civil offences and thus we do not consider noise pollution as pollution. For example, the use of TV and music players in our own homes, vehicles, and loudspeakers during religious events and election campaigns all amount to noise pollution but we fail to understand how this affects us.
What does the law say?
It may be noted that the Supreme Court has already said in a decision on the ban on noise pollution that forcing someone to listen to loud noise is a violation of fundamental rights. This means that under the current rules and regulations, loudspeakers cannot be played at a volume higher than the prescribed limit.
SC in its 2005 decision said that every person has the right to live in peace and this right is a part of the fundamental right to life. Speaking your opinion on a loudspeaker or in a loud voice comes under the right to freedom of expression, but freedom of expression cannot be above the right to life.
Additionally, in the case of noise pollution, a complaint cannot be filed in court, but one has to prove the crime, but proving this crime is a big challenge. As there are lack of resources. How can one ascertain crime if a person blows a loud horn and flees? How can one measure decibels? Thus in such a situation, in most cases, in the absence of evidence, getting a case registered itself is a challenge and even if it is registered, proving it is the next challenge, as per legal experts. This is happening because there is a lack of a regulating body to deal with such issues.
Article 19(1) A and Article 21 of the Indian Constitution give every citizen the right to a better environment and to live a peaceful life.
The law says that no one has the right to make so much noise that it goes out of his house and creates trouble for neighbours and others. In one of its rulings, the court said that noise makers often take refuge in the right to freedom of expression given in Article 19(1)A. But no person can claim this right by turning on a loudspeaker.
In a past decision, the court had ordered that the sound of loudspeakers installed at public places should not exceed 10 decibels (A) or 75 decibels (A) of the noise standards set for that area, whichever is less, will be considered applicable. Wherever the set standards are violated, the state should make provisions for confiscating loudspeakers and equipment.
Moreover, a victim of noise pollution has the right Under Article 32, to directly approach the Supreme Court, under Article 226, he can directly approach the High Court and he can also demand a ban on playing loud speakers and DJ at night. A case can also be registered under 268 IPC, in which a fine of Rs 200 can be imposed.
What are fixed noise standards?
Decibel is the standard for measuring the intensity of sound. Under the Environment Protection Act, 1986, provisions have been made to control noise pollution and punish those violating set standards. Under this, Noise Pollution Control Rules, 2000 have been made in which standards of sound are fixed. Permission has to be taken from the police and pollution control board for loudspeakers in public places.
According to sound scientists, a sound of 80 dB starts its adverse effect on the ears. A sound of 120 dB causes severe pain in the eardrums and if the intensity of the sound reaches 150 dB or more, the eardrums can burst, causing a person to become deaf.
According to a report from the United Nations Environment Programme, as cities grow, noise pollution is becoming more dangerous for the environment. Traffic noise and other types of noise pollution are getting worse and pose a serious threat to human health. Thus keeping this in mind, in 2018, the World Health Organization limited traffic noise to 53 dB for health reasons. Shockingly, a report by the United Nations Environment Programme estimated that every year 12,000 people die prematurely due to noise pollution in the European Union.
What about loudspeakers?
Special permission is required for playing loudspeakers between 10 pm and 12 pm in special religious and cultural functions, which can be given only for a maximum of 15 days and the maximum limit of sound can be 75 decibels, as per the law in India. Additionally, there is also a provision of punishment in section 15 of the law for violation of sound limits, but it is not implemented effectively. Violation can result in imprisonment of up to five years and a fine of up to one lakh rupees. There is a provision of a fine of Rs 5,000 per day for continuous violations.
Under the law, the police can enter the premises and confiscate loudspeakers for noise pollution and a loudspeaker or a public address system cannot be used except after obtaining written permission from the authority. The law also says that a loudspeaker or a public address system shall not be used at night (between 10:00 p.m. to 6:00 a.m.) except in closed premises for communication within, e.g. auditoria, conference rooms, community halls and banquet halls.
