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Noise Pollution- A slow Poison

Ignorance May Kill You ..... Today , Say NO To Noise Pollution And Live A Healthy Life.

What is Noise Pollution?

When sound becomes annoying, it's Noise. Pollution caused by such an annoying sound is termed as Noise Pollution.

Effects:
Noise pollution is not a merely a word so that one should hear and let it go. It’s in fact a SLOW POISON, that slowly affects one individual’s health even up to a dead end. Some of the bad effect includes hypertension, high stress levels, tinnitus, hearing loss, sleep disturbances, Cardiovascular Issues.
Sources of noise pollution.

It can be classified into two classes:

  1. Industrial sources
    It mainly includes noise generated from – Every industry produces noise due to heavy machinery, boilers, cutting machines, manufacturing heavy machinery etc. Hence such heavy industries are prohibited within the residential areas.
    We Are Annoyed Mainly By
  2. Non-industrial sources
    It mainly includes noise generated from Loudspeaker, trains, aircraft, construction work, crowded bazaars, social religious, political gatherings including sports field, sirens, and generator sets, High sound flour mills in residential areas etc.

Why Noise Pollution Is Increasing Day By Day

  1. Ignorance-It’s a common man psychology to ignore, or don’t care if any noise is annoying him. We select to close the window & doors, rather to say a big NO to such annoyance.
    It’s the duty of every human being to look after noises that are hampering their health and their belongings. It’s important to come out the doors and say NO to the noises. There is a need for creating general awareness towards the hazardous effects of noise pollution.
  2. No Response By The Administration- If one individual complains against any noise pollution to the police or administration, in case of lose or poor response by the administration one get frustrated and compromise with the situation.
It’s The Time To Say ‘No’ To Such Noises That Are Annoying You.
Let’s have a look upon the below mentioned laws against noise pollution:
  1. In Section 133, Code of Criminal Procedure the magistrate court have been empowered to issue remove or abate nuisance caused by noise pollution u/s 133 empowers and executive magistrate to interfere and remove a public nuisances in the first instance with a conditional order and then with a permanent one the provision can be utilized in case of nuance of environment nature. In Law of Torts noise pollution is considered as a civil wrong. Under Law of Torts a civil suit can be filed claiming damages for the nuisance.
  2. You have right to stop noise reaching you as Noise Pollution is against the Article 21 of the Constitution which guarantees life and personal liberty to all persons. It is well settled by repeated pronouncements of the Supreme Court that right to life enshrined in Article 21 is not of mere survival or existence. It guarantees a right of persons to life with human dignity. Any one who wishes to live in peace, comfort and quiet within his house has a right to prevent the noise as pollutant reaching him.
  3. Section 268 of the Indian Penal Code- provides provision in which one shall be penalised if creating disturbance, annoyance by making noise.

Steps To Be Initiated In Case of Noise Pollution:

  1. If any sound is annoying you, inform immediately against such noise to Local Police and explain your issue and ask them to take immediate steps. If in case police doesn’t respond appropriately, inform senior police officials and send written complain immediately via Fax or E-mail. Keep a copy of the same with you for future references.
  2. If any sound has badly affected you by heath damages, children’s learning issues during examination etc you may contact a lawyer a send Legal Notice to the concerned annoying element claiming damages against your loss.
  3. You may file a petition before the magistrate annexing the copy of police complaint, also explaining no response of police & Legal Notice sent by you. Under this petition you may claim for damages against your losses from annoying element before the court.
  4. You can directly approach High Court also against violation of your fundamental rights specially Article 21 of the Constitution which guarantees life and personal liberty to all persons.

Everyone has right to live in a peaceful atmosphere, hence no one can interfere in your respective lives peace. The main problem which is consistently promoting this issue is just our ignorance. Once you stopped ignoring and started saying NO to the noise pollution definitely you will achieve a peaceful life and stress free mind, which is your right. Laws are made for the convenience and betterment of one individual’s life , it all depend upon you whether you want to ignore and live a stressed live or Vice-Versa.


Written By: Achyut Swaroop Mishra - Advocate, Jharkhand High Court

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