IN RE: NOISE POLLUTION - IMPLEMENTATION OF THE LAWS FOR RESTRICTING USE OF LOUDSPEAKERS AND HIGH VOLUME PRODUCING SOUND SYSTEMS versus .

Citation: [2005] SUPP. 1 S.C.R. 624 · Decided: 18-07-2005 · Supreme Court of India · Bench: R.C. LAHOTI · Disposal: Disposed off
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Judgment (excerpt)

A 
IN RE: NOISE POLLUTION - IMPLEMENTATION OF THE LAWS FOR 
RESTRICTING USE OF LOUDSPEAKERS AND HIGH VOLUME 
PRODUCING SOUND SYSTEMS 
JULY 18, 2005 
B 
[R.C. LAHOTI, CJ. AND ASHOK BHAN, J.) 
Constitution of India, 1950-Articles 21 and 19(/)(a)-Right to live 
in freedom from noise pollution-Held, is a fundamental right protected by 
C Article 21-Noise pollution beyond permissible limits is an in-road on that 
right-Right of freedom of speech and expression under Art.19(/)(a) is not 
absolute and cannot be pressed to defeat Art.21. 
Air (Prevention and Control of Pollution) Act, /9BJ-Section 2(a)-
Environment (Protection) Act, 1986-Sections 2(c) and 2(b)-Noise 
D pollution-What is-Held: Disturbance produced in environment by 
undesirable sound of various kinds is "noise pollution"-Words and Phrases-
"Noise" and_ "pollutant"-Meaning of 
Environment (Protection) Act, 1986-Section 3-Environmenl-
(Protection) Rules, 1986-Rules 3, 5 and 89-Noise Pollution (Regulation · 
E and Control) Rules, 2000-Central Motor Vehicles Rules, 1989-Rules 119 
and 120-Constitution of India, 1950-Articles 141 and 142: 
Noise Pollution-Jn context to fire-crackers-Directions/guidelines issued 
by Supreme Court under Arts. 141 and 142 of the Consti~ution-Held: 
Bursting of sound emitting firecrackers completely banned between 10 pm 
F and 6 am but no restrictions as to time on bursting of colour/light emitting 
firecrackers-Fire-crackers to be evaluated on basis of chemical composition 
rather than on basis of noise levels-Such method to be followed unless and 
until replaced by a better system-Manufacturers to mention on box of each 
fire cracker details of its chemical contents and that it satisfies the 
G requirements laid down by Department o/Explosives (DOE)-However fire 
crackers manufactured for export can bear higher noise levels subject to 
conditions. Noise Pollution-In context to loudspeakers/public address system, 
musical instruments and privately owned sound system-Directions/guidelines · 
issued by Supreme Court under Arts. 141and142 of the Coristitutioh-Held: 
Noise level at the boundary of the public place, where loudspeaker or public 
H 
624 
) 
IN RE: NOISE POLL.-IMPLE. OF THE LAWS FOR REST. USE OF LOUDSPE . .t HIGH VOLUME PRODUCING SOUND SYSTEMS 625 
address system or any other noise source is being used not to exceed 10 A 
dB(A) above the ambient noise standards for the area or 75 dB(A) whichever 
is lower-No one to beat drum or tom-tom or blow a trumpet or beat or 
sound any instrument or use any sound amplifier at night (between 10. 00 
p.m. and 6.a.m.) except in public emergencies-Peripheral noise level of 
privately owned sound system not to exceed by more than 5 dB(A) from the B 
ambient air quality standard specified for the area in which it is used, at the 
boundary of the private place-States to make provision for seizure and 
confiscation of loudspeakers, amplifiers and such other equipments found 
creating noise beyond permissible limits. 
Noise Pollution-In context to vehicular noise-Directions/guidelines c 
issued by Supreme Court under Arts. 141and142 of the Constitution-Held: 
Horn not to be used at night between 10 PM to 6 AM in residential area 
except in exceptional circumstances. 
Noise pollution-Hazardous effects of-Awareness about-Held: Needs 
to he created-Suitable chapters can be added in text-books for children D 
an~ youth at the initial/early level of education-Special talks and lectures 
be organised in schools-Police and civil administration be trained to 
understand various methods to curb the problem and also the laws on the 
subject-State to play an active role in this process~Resident Welfare 
Associations, Service Clubs and Societies engaged in preventing noise E 
pollution to be actively involved by the local administration-Special public 
awareness campaigns in anticipation of festivals, events and ceremonial 
occasions whereat firecrackers are likely to be used, to be carried out. 
J 
Noise pollution-Ambient air quality standards in respect of noise for 
different areas/zones-Central Govt./State Govt. asked to take steps for laying F 
down such standards and notifying the authorities where it has not already 
been done. 
' 
Certain issues of far-reaching implications in day-to-day life of the 
.J 
people in India relatable to noise pollution vis-a-vis right to life enshrined in 
-t 
Article 21 of the Constitution as interpreted in its wide sweep by the G 
constitutional courts of the country
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