Noise Pollution
Noise Pollution
Noise Pollution
Definition:
Noise pollution is excessive, displeasing human, animal, or machine-created environmental noise that disrupts the activity or balance of human or animal life. It has been defined as unwanted sound, a potential hazard to health and communication dumped into the environment with regard to the adverse effect it may have on unwilling ears.
transport/vehicular traffic and the neighborhood noise generated by various noise pollution can also be divided in the categories , namely, natural and manmade. Leading sources are as follows:
1. Road Traffic Noise:In the city, the main sources of traffic noise are the motors and exhaust system of autos , smaller trucks, buses, and motorcycles. This type of noise can be augmented by narrow streets and tall buildings, which produce a canyon in which traffic noise reverberates. 2. Air Craft Noise: Now-a-days , the problem of low flying military aircraft has added a new dimension to community annoyance, as the nation seeks to improve its nap-of the- earth aircraft operations over national parks, wilderness areas , and other areas previously unaffected by aircraft noise has claimed national attention over recent years. 3. Noise from railroads: The noise from locomotive engines, horns and whistles, and switching and shunting operation in rail yards can impact neighboring communities and railroad workers. For example, rail car retarders can produce a high frequency, high level screech that can reach peak levels of 120 dB at a distance of 100 feet, which translates to levels as high as 138, or 140 dB at the railroad workers ear. 4. Construction Noise:The noise from the construction of highways , city streets , and buildings is a major contributor to the urban scene . Construction noise sources include pneumatic hammers, air compressors, bulldozers, loaders, dump trucks (and their back-up signals), and pavement breakers. 5. Noise in Industry: Although industrial noise is one of the less prevalent community noise problems, neighbors of noisy manufacturing plants can be disturbed by sources such as fans, motors, and compressors mounted on the outside of buildings Interior noise can also be transmitted to the community through open windows and doors, and even through building walls. These interior noise sources have significant impacts on industrial workers, among whom noise- induced hearing loss is unfortunately common. 6. Noise in building: Apartment dwellers are often annoyed by noise in their homes, especially when the building is not well designed and constructed. In this case, internal building noise from plumbing, boilers, generators, air conditioners, and fans, can be audible and annoying. Improperly insulated walls and ceilings can reveal the soundof-amplified
music, voices, footfalls and noisy activities from neighboring units. External noise from emergency vehicles, traffic, refuse collection, and other city noises can be a problem for urban residents, especially when windows are open or insufficiently glazed. 7. Noise from Consumer products:Certain household equipment, such as vacuum cleaners and some kitchen appliances have been and continue to be noisemakers, although their contribution to the daily noise dose is usually not very large.
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. Right to Information:- Every one has the right to information know about the norms and conditions on which Govt. permit the industry which effect the environment. Right to Religion and Noise:- Right to religion does not include right to perform religious activities on loud speaker and electronic goods which produce high velocity of noise. Directive Principal of State Policy:- The state has the object to make the enviorment pollution free. Fundamental Duties:- every citizen of the country has the fundamental duty to clean the environment. (b) Cr.P.C. Section 133 Here Section 133 is of great importance. Under Crpc. Section 133 the magisterial court have been empowered to issue order to remove or abate nuisance caused by noise pollution Sec 133 empower an executive magistrate to interfere and remove a public nuisance in the first instance with a conditional order and then with a permanent one. The provision can be utilized in case of nuisance of environment nature. He can adopt immediate measure to prevent danger or injury of a serious land to the public. For prevention of danger to human life, health or safety the magistrate can direct a person to abstain from certain acts. (c) I.P.C. Public Nuisance 268-295 Chapter IV of Indian Penal code deals with offences relating to public health, safety, ....decency , morals under Sections 268, 269, 270, 279, 280, 287, 288, 290 291 294. Noise pollution can be penalized with the help of above section. Private remedies suits in the area may related to public nuisance under A299. This article punishment in case of Public nuisance law of torts covers. A person is guilty of public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger, or annoyance to the pubic or to the people in general who dwell or occupy property in the vicinity or which must necessarily cause injury, obstruction danger or annoyance to persons who may have occasion to use any public right. A common nuisance is not excused on the ground that it causes some convenience or advantage. Who ever commits a public nuisance in any case not otherwise punishable by this code, shall be punished with fine, which may extend to Rs. 200. (d) Law of Torts Noise pollution is considered as civil wrong:Under law of torts , a civil suit can be filed claiming damages for the nuisance. For filing a suit under law of torts a plaintiff is required to comply with some of the requirement of tort of nuisance which are as follows:1. There should be reasonable interference. 2. Interference should be with the use & enjoyment of land. 3. In an action for nuisance actual damage is required to be proved. As a general rule either the presence or absence of malice does not matter. But in some cases deviation from the rule has been made. In Christe Vs Davey The extent of noise & the amount of disturbance caused there by was ignored & it was held that the noise which arose due to the practice of lawful profession, & without any malice, could not be considered to be actionable nuisance. In Hollywood Silver Fox Farm Ltd. Vs Emmett It was held that presence of malice was a factor in determining liability for noise amounting to nuisance. The court said that even on his won land was nuisance, & the defendant was liable in damages. (e) Factories Act Reduction of Noise and Oil of Machinery:- The Factories Act does not contain any specific provision for noise control. However, unde the Third Schedule Sections 89 and 90 of the Act, noise induced hearing loss, is mentioned as notifiable disease. Similarly, under the Modal Rules, limits for noise exposure for work zone area have been prescribed. (f) Motor Vehicle Act. Provision Relation to use of horn and change of Engine:- In Motor veichle Act rules regarding use horns and any modification in engine are made. (g) Noise Pollution Control Rule 2000 under Environment Protection Act 1996 :Further for better regulation for noise pollution There are The Noise Pollution ( Regulation and Control ) Rules,
2000 in order to curb the growing problem of noise pollution the government of India has enacted the noise pollution rules 2000 that includes the following main provisions:# The state government may categories the areas in the industrial or commercial or residential # The ambient air quality standards in respect of noise for different areas have been specified. # State government shall take measure for abatement of noise including noise emanating from vehicular movement and ensure that the existing noise levels do not exceed the ambient air quality standards specified under these rules. # An area not less than 100 m around hospitals educations institutions and court may be declare as silence are for the purpose of these rules. # A loud speaker or a public address system shall not be used except after obtaining written permission from the authority and the same shall not be used at night. Between 10 pm to 6 am # A person found violating the provisions as to the maximum noise permissible in any particular area shall be liable to be punished for it as per the provision of these rules and any other law in force.