Noise Pollution- It's hazardous effects and Regulatory Mechanism

SUBMITTED BY: Muzakkir (2020-342-074)

COURSE: BA.LLB

SEMESTER: 6th

SUBJECT: Environmental Law

DATE: 10/11/2022

SUBMITTED TO: Sandeep Sir

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 ❖ INDEX

❖ Introduction
❖ Causes of Noise Pollution
❖ Effects of Noise Pollution
❖ Laws and Regulations to Control Noise Pollution in India
❖ The Motor Vehicles Act, 1988
❖ The Environment Protection Act, 1986
❖ The Indian Penal Code, 1860
❖ Conclusion
❖ References

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Introduction:
Noise pollution is defined as any unwanted or excessive sound that causes irritation and
affects human health and the environment. Noise pollution has become a major concern in
India, particularly in urban areas. In this assignment, we will discuss the causes and effects of
noise pollution, as well as the laws and regulations that are in place to control it in India.

Causes of Noise Pollution:

There are several sources of noise pollution, including:
1. Traffic noise: Vehicles, particularly those with loud horns and exhausts, can produce
excessive noise that affects the health of individuals living near roads.
2. Industrial noise: Factories and industries that produce loud machinery can contribute
to noise pollution in the surrounding areas.
3. Construction noise: Construction sites are often noisy due to the use of heavy
machinery and equipment.
4. Social events: Loud music and celebrations can contribute to noise pollution in
residential areas.

Effects of Noise Pollution:

Noise pollution can have several negative effects on human health and the environment,
including:
1. Hearing loss: Exposure to loud noise for extended periods can cause permanent
hearing damage.
2. Sleep disturbances: Noise pollution can disturb sleep patterns and lead to sleep
deprivation, which can negatively impact overall health.
3. Cardiovascular disease: Prolonged exposure to noise pollution can increase the risk of
cardiovascular disease and other health problems.
4. Environmental degradation: Noise pollution can harm wildlife, particularly in natural
habitats.

Laws and Regulations to Control Noise Pollution in India:

1. The Noise Pollution (Regulation and Control) Rules, 2000: The Noise Pollution
(Regulation and Control) Rules, 2000 is a set of regulations that have been
implemented to curb the rising levels of noise pollution in India. These rules were
enacted by the Ministry of Environment and Forests, Government of India, under the
Environment (Protection) Act, 1986. The objective of these rules is to regulate and
control the noise levels in various public places and to protect the citizens from the
harmful effects of noise pollution.

The Noise Pollution (Regulation and Control) Rules, 2000 apply to all persons, places, and
equipment that emit noise. The rules lay down the permissible noise levels for different zones

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and categories of areas. The permissible noise levels are based on the time of day and the
type of area. For instance, the permissible noise levels in residential areas during the daytime
are 55 decibels, while in industrial areas, the permissible noise levels during the daytime are
75 decibels.

The rules require all industrial establishments, construction sites, and other noisy activities to
obtain a noise pollution control certificate from the State Pollution Control Board. The
certificate ensures that the noise levels emitted by these activities are within the permissible
limits. The rules also require all public places, such as airports, railway stations, and bus
stations, to display the permissible noise levels.

The Noise Pollution (Regulation and Control) Rules, 2000 also lay down the responsibilities
of different authorities to control noise pollution. The local authorities, such as the Municipal
Corporation, are responsible for ensuring that the noise levels in their respective areas are
within the permissible limits. They are also responsible for taking action against any violation
of the rules.

The rules also empower citizens to file complaints regarding noise pollution. Citizens can file
complaints with the local authorities, who are required to take prompt action. The rules also
provide for the formation of a Noise Pollution Monitoring Committee at the state and central
levels. The committee is responsible for monitoring the noise levels and enforcing the rules.
The Noise Pollution (Regulation and Control) Rules, 2000 also provide for penalties and
fines for violating the rules. The penalties can range from a warning to a fine of up to Rs. 1
lakh. Repeat offenders can also face imprisonment for a period of up to 5 years.

The implementation of the Noise Pollution (Regulation and Control) Rules, 2000 has led to a
reduction in noise pollution in India. However, there are still many challenges in the effective
implementation of these rules. One of the biggest challenges is the lack of awareness among
the public about the harmful effects of noise pollution. There is also a lack of infrastructure
and resources for monitoring noise levels and enforcing the rules.

To overcome these challenges, there is a need for greater public awareness about the harmful
effects of noise pollution. There is also a need for better infrastructure and resources for
monitoring noise levels and enforcing the rules. The government can also provide incentives
to industrial establishments and other noisy activities to adopt measures to reduce noise
pollution.

2. The Motor Vehicles Act, 1988: The Motor Vehicles Act, 1988 is a crucial piece of
legislation in India that governs the use of motor vehicles on public roads. One of the
significant aspects of the Act is its focus on controlling and regulating noise pollution
caused by motor vehicles.

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Section 190(2)(f) of the Motor Vehicles Act, 1988 mandates that all motor vehicles should
comply with the noise level standards set by the Central Government. The Central Motor
Vehicle Rules, 1989, which are framed under the Motor Vehicles Act, 1988, specifies the
maximum permissible noise levels that a motor vehicle can emit based on the type of vehicle,
engine capacity, and maximum speed.

For instance, the maximum permissible noise level for two-wheelers with an engine capacity
of up to 70cc is 80 decibels, while for two-wheelers with an engine capacity of more than
350cc, it is 85 decibels. Similarly, the permissible noise levels for buses and trucks are 93
decibels and 99 decibels, respectively.

The Act also empowers the State Governments to regulate the noise pollution caused by
motor vehicles. They can declare any area as a 'silence zone' where the permissible noise
levels are lower than the general permissible levels. Examples of silence zones include
hospitals, schools, and residential areas.

The Motor Vehicles Act, 1988 also imposes penalties and fines for violating the noise level
standards. Any person who uses a motor vehicle that exceeds the permissible noise levels can
be fined up to Rs. 1,000 for the first offense and up to Rs. 2,000 for subsequent offenses. The
Act also empowers the traffic police to impound the vehicle if the noise levels are found to be
excessive.

The implementation of these provisions has helped to reduce noise pollution caused by motor
vehicles in India. However, there are still challenges in the effective implementation of the
regulations. One of the significant challenges is the lack of awareness among the public about
the harmful effects of noise pollution. Many vehicle owners are not aware of the permissible
noise levels and the penalties for violating them.

To overcome these challenges, there is a need for greater public awareness about the harmful
effects of noise pollution. The government can also provide incentives to vehicle
manufacturers to develop vehicles that emit lower levels of noise. There is also a need for
better infrastructure and resources for monitoring noise levels and enforcing the rules.
In conclusion, the Motor Vehicles Act, 1988 is an important legislation that recognizes the
impact of motor vehicles on the environment and provides for the regulation of noise
pollution caused by them. The Act lays down the permissible noise levels for different
categories of motor vehicles and provides for penalties and fines for violating the noise level
standards. However, there is a need for greater public awareness and better infrastructure for
effective implementation of these provisions.

3. The Environment Protection Act, 1986:The Environment Protection Act, 1986 is a

crucial legislation in India that aims to protect and improve the quality of the
environment. One of the important aspects of the Act is its focus on controlling and
regulating noise pollution.

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Section 2(a) of the Environment Protection Act, 1986 defines environmental pollution as the
presence or introduction into the environment of any substance that causes harm or is likely
to cause harm to human beings or other living organisms or the environment. Noise pollution
is included in this definition.

The Act empowers the Central Government to take measures to protect and improve the
quality of the environment, including controlling noise pollution. The Central Pollution
Control Board (CPCB), which is a statutory body under the Ministry of Environment, Forest
and Climate Change, is responsible for implementing the provisions of the Act related to
noise pollution.

The Environment Protection Act, 1986 provides for the regulation and control of noise
pollution through the following measures: Setting of Noise Standards: The Act empowers the
Central Government to set noise standards for different categories of areas and activities,
including residential, commercial, and industrial areas. The noise standards specify the
permissible levels of noise that can be generated in these areas.

Declaration of Noise Pollution Control Zones: The Act empowers the State Governments to
declare any area as a 'Noise Pollution Control Zone.' In these zones, the noise levels should
not exceed the permissible limits set by the Central Government.

Prohibition of Use of Loudspeakers: The Act prohibits the use of loudspeakers or public
address systems between 10:00 PM and 6:00 AM, except in the case of public emergencies
and for public functions that have been granted prior permission by the concerned authorities.
Regulation of Noise from Vehicles: The Act provides for the regulation of noise from
vehicles, including the setting of noise standards for different categories of vehicles and the
imposition of penalties for violating the noise level standards.

Penalties for Violation: The Act provides for penalties and fines for violating the noise level
standards. Any person who generates noise levels above the permissible limits can be fined
up to Rs. 1,00,000 and can face imprisonment for a term of up to five years.

The implementation of these provisions has helped to reduce noise pollution in India to a
certain extent. However, there are still challenges in the effective implementation of the
regulations. One of the significant challenges is the lack of awareness among the public about
the harmful effects of noise pollution. Many people are not aware of the permissible noise
levels and the penalties for violating them.
To overcome these challenges, there is a need for greater public awareness about the harmful
effects of noise pollution. The government can also provide incentives to industries and
individuals to adopt noise-reducing measures. There is also a need for better infrastructure
and resources for monitoring noise levels and enforcing the rules.

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4.The Indian Penal Code, 1860: The Indian Penal Code, 1860 (IPC) is the primary criminal
code of India, which defines and prescribes penalties for various criminal offenses. Although
the IPC does not specifically address noise pollution, certain provisions of the Code can be
used to prosecute individuals or entities responsible for creating excessive noise that can
harm or disturb others.

Section 268 of the IPC deals with the public nuisance, which includes any act or omission
that causes inconvenience or annoyance to the public or any section of the public. Excessive
noise that creates a public nuisance falls under this section, and anyone found guilty of
creating such noise can be punished with imprisonment for up to three months, or a fine, or
both.

Section 290 of the IPC deals with the punishment for public nuisance in cases not otherwise
provided for. This section prescribes a maximum penalty of Rs. 200 for anyone who is found
guilty of committing a public nuisance that is not covered under any other section of the IPC.
Section 291 of the IPC deals with the continuation of a nuisance after injunction to
discontinue. This section states that if a person continues to commit a public nuisance even
after receiving an injunction from the concerned authorities to stop, such a person can be
punished with imprisonment for up to six months, or a fine, or both.

In addition to these provisions, there are other provisions of the IPC that can be used to
prosecute individuals or entities responsible for creating noise pollution. For example, if
excessive noise causes harm or injury to a person or property, the offender can be prosecuted
under Section 337 or Section 427 of the IPC, respectively.

Section 337 of the IPC deals with causing hurt by act endangering life or personal safety of
others. If excessive noise leads to the endangerment of life or personal safety of others, the
offender can be punished with imprisonment for up to six months, or a fine, or both.
Section 427 of the IPC deals with the mischief causing damage to property. If excessive noise
causes damage to the property of others, the offender can be punished with imprisonment for
up to two years, or a fine, or both.

while the Indian Penal Code, 1860 does not have specific provisions for noise pollution,
certain provisions such as Section 268, Section 290, and Section 291 can be used to prosecute
individuals or entities responsible for creating excessive noise that causes public nuisance.
Furthermore, if the noise causes harm or damage to persons or property, Sections 337 and
427 of the IPC can be invoked. Therefore, it is crucial to recognize the impact of excessive
noise on public health and well-being and take appropriate measures to prevent noise
pollution.

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Conclusion:

Noise pollution is a significant environmental concern in India, particularly in urban areas.

The government has implemented several laws and regulations to control noise pollution, but
more needs to be done to raise awareness and ensure compliance with these regulations.
Individuals can also take steps to reduce noise pollution, such as using earplugs and avoiding
loud music and unnecessary honking. By working together, we can help reduce the negative
impacts of noise pollution on our health and the environment

References

1. Environmental Law Institute: https://www.eli.org/

2. Ministry of Environment, Forest and Climate Change: http://moef.gov.in/
3. National Green Tribunal: https://greentribunal.gov.in/
4. Centre for Environmental Law, Education, Research and Advocacy (CEERA):
http://ceera.nls.ac.in/
5. Centre for Policy Research (CPR):
https://cprindia.org/research/environment-and-sustainability
6. Indian Society of International Law: https://www.isil-aca.org/research/environmental-law/
7. Indian Environmental Law Services: http://www.indiaenvironmentallaw.com/
8. Environmental Law Alliance Worldwide: https://elaw.org/india