The Supreme Court Order on Noise Pollution
The Order of the Supreme Court of India passed on 18th July 2005 banning
noise from all sources at night and restricting noise in all public places
during the day is very welcome to city dwellers suffering from the ill
effects of excessive noise. For the first time, this Order includes noise
from all sources – traffic, loudspeakers and firecrackers. This is a
blessing to all those suffering from the thoughtless noise making activities
of careless or willful persons who consider it their ‘right’ to continue
with noise making activities at the cost of others’ health and are often
militant in defense of this ‘right’. While the Order is welcome, there are
certain concerns related to it’s implementation. Those who can ensure the
success of this Order are the Police, the Government, the NGOs and citizens.
What exactly is the definition of a light emitting firecracker on which
there are no time restrictions? What is the maximum decibel level which the
chemicals they contain should correspond to? And what about will happen to
‘export surplus’
firecrackers (since crackers with higher decibel levels have been allowed
for manufacture against export Orders) which may exceed even 125dB and may
now be available?
If the Police will have a hard time controlling use of horns after 10pm.
The Traffic Police, while recognizing that noise disturbs the sleep and
health of people by assisting residents of the Jal Vayu Vihar in Powai to
stop heavy truck traffic in a residential area at night (incidentally the
first time such a measure has been undertaken, very welcome and appreciated
by the residents and by us), have not attempted to stop the illegal
installation of multi toned and pressure horns. They continue to allow
vehicular traffic which does not use appropriate silencing equipment to ply
in Mumbai. Such horns and vehicles are being indiscriminately used in
Residential areas and near hospitals and other sensitive areas – to attempt
to prevent them from being used only during the night time hours would be to
completely miss the point.
The Police also have limitations in controlling noise from some sources such
as construction noise where permission is given by other departments of the
Government including the MCGM, MHADA etc and noise from construction of
infrastructure projects undertaken by the Government itself through agencies
such as MSRDC, PWD etc. It is clear that to be effectively implemented, the
Supreme Court Order requires the will to implement at senior most levels of
the Government and co ordination between concerned Departments.
Recently, we drew the attention of the Government of Maharashtra to the
inappropriate and harmful levels of noise prevalent in Mumbai. The Chief
Secretary Maharashtra, was kind enough to convene a meeting for the purpose,
attended by senior officers of the Government from concerned Departments. It
was drawn to their attention that noise levels are escalating and have
already reached alarming proportions. The measures being undertaken by the
Government to implement the Rules and various Court Orders including Orders
of the Supreme Court, the High Court and the Magistrate’s Court are
insufficient. Various technological solutions available need to be promoted
by the Government and mandated if necessary.
Noise control measures form part of the environmental clearances received
from the Union Government before construction of infrastructure projects
including the Trans-Harbour Sea Link are undertaken and such measures are
mandatory.
The MMRDA is undertaking a noise mapping study as part of it’s MUTP Project.
This study is scheduled to begin soon and intends to cover the transport
corridors of Mumbai. While this is an important first step, it is inadequate
to find effective solutions to the overall problems of noise. Surely it
would be of value to expand the scope to cover all sources of noise
including other major infrastructure projects in the pipeline? Why then is
this not being considered as a
strategy to implement a holistic solution for noise control in the city of
Mumbai?
It is important that decibel levels follow a logarithmic scale so that 80dB
is actually double of 70 dB in terms of pressure exerted on the ear. High
decibel levels result in serious physical and psychological damage to the
health of citizens.
Appropriate solutions to contain noise are available. Construction noise can
be contained with the appropriate use of silencing equipment. Festivities,
religious and cultural functions can be held with appropriate distributed
sound technology. Noise from
traffic can be controlled by appropriate planning measures. These measures
need co ordination and commitment at the senior most levels. I look forward
to the Government’s active and effective plan for containing noise from all
sources as directed by the Supreme Court.
NGOs and citizens have an important role to play. In Mumbai, there has been
some controversy about the ‘right’ of various groups of persons to make
noise in a good cause. There has been debate about the right to hold rock
concerts (at a decibel level of 120 plus decibels) at Rang Bhavan, which is
situated next to and shares a compound wall with a municipal hospital,
GT Hospital. There has been debate about the ‘right’ to hold the Kala Ghoda
Festival in a Silence Zone without imposing any decibel levels limits at all
for a good cause – fund raising for the preservation of heritage. Both of
these ‘rights’ have been supported by the intellectual elite of Bombay and
also by some NGOs who simultaneously deplore noise from other sources such
as Ganpati and Navratri. On the other hand, there has also been debate about
the right to hold various religious and traditional festivals such as
Navratri, Ganpati, Diwali etc including the ‘right’ to burst noisy
firecrackers at Diwali and to place
loudspeakers on public roads during Ramzan and Id. All these ‘rights’ are
considered to be justifiable by the various groups who participate in the
functions including by the NGOs working in and benefiting from those
particular functions.
We have a social and economic divide in the type of noise making activity we
consider to be justified. Each section considers his own activity justified
for good reasons while the other person’s is not. Many of us who live in
cities believe that it is our ‘right’ to make practically unlimited noise
during the course of our own ‘justified’ activities.
The Supreme Court has said that there can be no justification for imposing
noise on others with the concept of ‘aural aggression’. All the arguments
and debates are put to rest with this statement. It is now up to the people
of Mumbai to voice their desire to live in a noise free environment and
insist on appropriate and effective noise control measures at all levels.
Each citizen needs to apply the same standards to himself as to others and
to ensure that he does not justify the ‘right’ to make noise in his own
interest, or for any ‘good’ cause. With this Supreme Court Order, we have a
right to expect effective implementation from all concerned including the
Government, Police, the NGOs and from all citizens. Ordinary citizens have a
right to enjoy the sounds of silence once more.
-sumaira abdulali” <sumairaabdulali@yahoo.com>