Environmental pollutants means the excessive presence of solid, gaseous, liquid.[2] and noise in the atmosphere in such concentration as may be injurious to living and non- living things. Noise is a pollutant that harms not only humans but also animals, birds, plants, and non-living things. Day by day problems due to noise are increasing.

I] DEFINITION OF ‘NOISE’:-

The noise may be defined as ‘excessive, offensive, persistent or startling sound.[3]’.

1) Encyclopaedia Britannica defines ‘noise’ as ‘any undesirable sound’.

2) According to the Law Lexicon, “noise is a loud, confused or senseless

sound, which is capable of causing physical and mental discomfort[4]”.

3) According to the Wilson Committee[5]– defines ‘noise’ as ‘sound which is undesired[6]

by the recipient’.

In other words, when the effect of ‘sound’ is undesirable, it is termed ‘noise’.

Sometimes, sound may be pleasant.[7] to one person but not to another. Thus, the bell

of the church may be pleasant for some persons but may be noise for others or ill person

II] PERMISSIBLE AND NON-PERMISSIBLE LIMITS OF SOUND:-

The Noise Pollution (Regulation and Control) Rules 2000 was made by the Central Government to regulate and control noise-producing and generating sources. S.3 of the Rules prescribes that the ambient air quality standards concerning noise for different areas/zones shall be as specified in the Schedule annexed to these rules.

The section casts a duty on State Governments to categorise the areas into industrial, commercial, residential or silent zones for the purpose of implementing the noise standards for different areas. The Schedule attached to the Rules lays down ambient Air Quality Standards in respect of noise as follows:-

Area Code	Category of Area / Zone	Limit in dB (A) Leq[8]
Area Code	Category of Area / Zone	Day Time	Night Time
A	Industrial area	75	70
B	Commercial area	65	55
C	Residential area	55	45
D	Silence Zone	50	40

Note:-

1) Daytime shall mean from 6.00 a.m. to 10.00 p.m.

2) Night time shall mean from 10.00 p.m. to 6.00 a.m.

3) Silence zone is defined as an area comprising not less than 100 metres around

hospitals, educational institutions and courts. The silence zones are zones which

are declared as such by the competent authority.

4) Mixed categories of areas may be declared as one of the four above mentioned

categories by the competent authority.

Noise is measured[9] in decibels (dB). The softest sound that can be heard by human

ears is called dB (i.e. 0 decibels). Each tenfold increase in sound intensity[10] is

represented by an additional 10 dB.

Complaint can be filed for any increase in the above limit.

III] CAUSES OF NOISE POLLUTION:-

Causes of noise pollution may be divided into two categories, viz.

1) Natural Noise Pollution[11]:-

In this category of noise pollution comes the pollution caused by air, seas,

volcanoes, rivers and voices of living organs.

2) Man-Made Noise Pollution[12]:-

In this category of noise pollution comes the noise created by man. In it, broadly,

there are the following three categories viz.

a) Industrial Noise[13]:-

Industrial noise pollution is noise pollution produced due to industrial activities

In modern times, there is enormous industrialisation. It causes huge noise pollution

b) Urban Noise Pollution.[14]:-

The noise pollution created by automobiles, cultural programmes, festivals,

advertisements and loudspeakers are the most significant sources of urban noise pollution.

3) Rural Noise Pollution[15]:-

In rural areas also, there is noise pollution by way of pump sets, flour mills,

religious and social gatherings, etc

IV] EFFECT OF NOISE POLLUTION:-

Noise pollution is a serious threat to the quality of our environment. Excessive

sound affects people adversely in the following ways-

1) On Hearing:-

Continuous exposure to much higher noise levels creates hearing problems.

2) On Mental and Physical Health[16]:-

Continuous noise disturbs people mentally and physically. It sometimes causes

psychological effects.

3) On Communication[17]:-

Noise disturbs communication. It disturbs both telephone and direct

communication. Moreover, it disturbs programmes being watched on TV.

V] NOISE POLLUTION CONTROL MEASURES[18]:-

Many efforts are made at the international and national levels to control noise pollution. We will discuss some of them.

A) International Noise Control Measures:-

The Chicago Convention of 1944 set the International Civil Aviation Organization to control noise created specifically by aircraft.

The European Community also set noise standards in 1977. It has set standards for motor vehicles, motorcycles, tractors, construction plants, aircraft and household appliances[19]. Several developed countries, such as England, America, etc., have passed several laws to control noise pollution.

B) Indian Noise Control Measures:-

In India, much attention is also paid to controlling noise pollution. We will find many provisions for the control of noise pollution in India. We will discuss them as follows-

1) Constitution of India:-

The Constitution of India enshrines several provisions for the protection of the environment (discussed already).

2) Indian Penal Code:-

S.268 of the I.P.C prohibits causing a public nuisance[20] by any means, including noise. S.290 prescribes punishment for causing a public nuisance. It lays down that whoever commits a public nuisance in any case not otherwise punishable by this Code shall be punished with a fine which may extend to two hundred rupees. Thus, causing noise pollution is punishable in this way. However, the punishment seems meagre[21] nowadays.

3) Provisions under Cr. P.C:-

Under S.133 of the Criminal Procedure Code 1973, substantial provision for abatement of a nuisance is made. The section empowers the Magistrate to make a conditional order requiring the person causing a nuisance to remove such nuisance.

4) Provisions under Railways Act, Factories Act, M.V Act and Aircraft Act:-

The Railways Act, Motor Vehicles Act, Factories Act, and Aircraft Act contain provisions dealing with noise pollution. These Acts prescribe standards for different parts of the vehicle, like horns, to keep noise levels within the limit.

5) The Environment (Protection) Act. 1986:-

The Environment (Protection) Act is a major legislation that protects the human environment. The Act was passed to effect the decisions taken at the United Nations Conference in Stockholm in June 1972. Thus, the Act is passed to implement international environmental protection standards.

6) Noise Pollution (Regulation and Control) Rules 2000:-

The Central Government, in the exercise of the powers conferred on it under the Environment (Protection) Act. of 1986, has made the above rules. The rules lay down standards for the noise level in the air. It lays down the provisions for lodging complaints and redressal for increased noise levels.

7) Law of Torts:-

In tort, causing nuisance is actionable. Thus, one can take action if noise is causing a nuisance.

8) Judicial Approach:-

The judicial role in controlling noise pollution is remarkable. In several of its decisions and writs, different High Courts and the Supreme Court have endeavoured to control noise pollution.

In M.C. Mehta V/s Union of India[22]

The Supreme Court ordered to stop mining operations in the Faridabad district within a radius of five kilometres from the tourist resorts. It has also directed the development of a green belt around mining operations to control noise and vibration pollution. Similarly, In Dhanna Lal V/s Chittu Singh[23]

Madhya Pradesh High Court ordered the closure of the floor mill situated in the locality, causing vibration and noise. In V. Lakshmipathy V/s State of Karnataka[24]

The Karnataka High Court observed that noise pollution from industries is a health hazard.

Similarly, prayers and azan through loudspeakers, the constant ringing of bells in the church, and Dolby sounds were also held as noise pollution[25] in several cases.

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[1] मोठा गोंगाट/ कर्कश आवाज [ध्वनि प्रदूषण]

[2] घनरूप, वायुरूप, द्रवरूप, [ठोस, गैसीय, तरल]

[3] कर्कश अवाज म्हणजे जास्तीचा अपायकारक सततचा धक्कादायक/भीतीदायक असा अवाज [अत्यधिक, आक्रामक, लगातार या चौंकाने वाली आवाज]

[4] अस्वस्थता [असुविधा]

[5] The Wilson Committee of Britain on the problem of noise in its report defines noise.

[6] अनावशक [अवांछित]

[7] श्राव्य/सुखकारक [सुखद]

[8] dB (A) Leq, denotes the frequency weighing in the measurement of noise and corresponds to frequency response

characteristics of the human ear. ‘Leq’:- It is the energy mean of the noise level over a specified period.

[9] मापणे [मापना]

[10] तिव्र` [तीव्रता]

[11] नैसर्गिक ध्वनी प्रदूषण [प्राकृतिक ध्वनि प्रदूषण]

[12] मानव निर्मित ध्वनी प्रदूषण [मानव निर्मित ध्वनि प्रदूषण]

[13] औदयोगिक ध्वनी प्रदूषण [औद्योगिक शोर]

[14] नागरी/शहरी ध्वनी प्रदूषण [शहरी ध्वनि प्रदूषण]

[15] ग्रामीण ध्वनी प्रदूषण [ग्रामीण ध्वनि प्रदूषण]

[16] शाररीक आणि मानसिक आरोग्य [मानसिक और शारीरिक स्वास्थ्य पर]

[17] संवादावर परीनाम [संचार पर]

[18] ध्वनी प्रदूषण नियंत्रणाचे उपाय [ध्वनि प्रदूषण नियंत्रण उपाय]

[19] घरगुती उपकरणे [घरेलू उपकरण]

[20] सार्वजनिक उपद्रव

[21] किरकोळ [अल्प]

[22] (1996) 8 SCC 462

[23] Air 1959 M.P. 240

[24] AIR 1992 Kant. 57

[25] Maulana Mufti Syed Md. Noorur Rehman Barkati v. State of W.B (AIR 1999 Cal. 15), Church of God (Full Gospel Colony) in India v. K.K.R. Majestic Welfare Association (2000) SCC 282.