Noise Polluion

                                             Noise Pollution

We are constantly bombarded day and night by the noise on the road, factories, etc. Constant honking on roads some even using pressure horns while other probably have on hand always on the horn button, noise for vehicle engines not to mention the motorcycles with silencers removed to announce their arrival. If this was not enough then we have the loud speakers from religious places, in rallies, marches and even the jagratas,  DJ’s in marriages, which keep you awake through night for a couple of days. All this leaves me to wonder whether god is listening or he has also gone deaf. This becomes unbearable when these things happen at the time of school, college or other examinations. All this is compounded by the industrial noise created by constant running of machines. Silent zones and no parking are there to be broken only.

In general a human being can tolerate noise level up to 85 db (Decibels) only and anything beyond it can affect productivity and quality of life. A decibel level of common sound above 80 is considered bad while above 100 to 120 are termed uncomfortable. Regular exposure to noise can come out in the form of people being irritable, nervous and face difficulty in taking decisions. A constant exposure of common sound above100 db may damage your ears and you may face difficulty in hearing.

There are 70 noise monitoring stations at present under National Ambient Noise Monitoring network in seven states. The ambient noise level in these states showed that about 90% of states found noise level beyond acceptable limit in both day and night.  This is a matter of serious concerns.

Street level noise is mainly associated with vehicular traffic and is hard to ignore and escape. The mean street level as per one study is about 74db with a range from 55 to 95 db and varies with the density of traffic.

Decibel (Db) is a relative unit of measurement corresponding to one tenth of Bel (b). It is used to express the ratio of the value to a power or field quantity to another on a logarithmic scale. The logarithmic quantity being called the power level or field level. Near silence is 0 db but a sound measured at 10 db is actually 10 times louder and 20 db is 100 times louder than silence, a 30 db is 100 times louder than 10 db. The noise in an average bedroom is about 20 db, a firearm averages between 140 to 165 db, normal conversation is about 60 db and a rock concert averages 120db.

The Government having realized the importance of noise pollution enacted a new set of rules especially dealing with noise pollution entitled Noise Pollution (Prevention and Control) rules 2000 which deals especially with noise pollution in addition to the Air (Pollution Prevention, Control & pollution)  Act 1981. These rules specify the limits of noise pollution in different areas like industrial, commercial and residential and specify the limit in db for each area for day and night separately and the punishment for violation.

In addition silent zones are specified by each state which includes all areas that lie with 100 meters of the premises of schools, colleges, hospitals and courts. The permissible limit in silence zone is 50 db at day and 40 db at night with restriction on use of horn. The limits for domestic appliances lice AC, mixer, air cooler and refrigerator is also specified. Daytime means 0660 hrs to 2200 hrs and night time means2200 hrs to 0600 hrs. Loud speakers and public address systems can be used after permission and not between 2200 hrs to 0600 hrs. In residential areas the limit is 55 db at daytime and 55 db at night time whereas for commercial areas it is 65 and 55 db respectively .Strict fines ranging from Rs.10,000/= to one lac with confiscation of instrument is specified which can be levied on the offender.

The district magistrate is the local authority to monitor, regulate and take action against the offenders which he fulfills with the help of police. A complaint to 112/100 or to the nearby police station is sufficient for the action.

 

 

 

 

Public Nuisance

 

                                                              Public Nuisance

 

The word public nuisance consists of two different word, viz, public and nuisance and both have to present together to constitute this act or omission. Public Nuisance is an act or omission that interferes or obstructs the interest or comfort of public at large. 

 

Public Nuisance is defined in section 268 of The Indian Penal Code 1860 which states that:-

 

The use of the word annoyance gives this definition a very wide meaning and includes a host of all those actions which may cause annoyance to the public at large. If it only hurts one person then still it is nuisance but come under the preview of private nuisance. Annoyance can be caused and it implies a perception of the victim and can include even , playing loud music, obstructing movement, blocking road or passages, activities which may harm others, businesses which affect the safety of public, life threatening trees or even animals, dangerous buildings, storage of hazardous chemicals or explosives and so on.

 

The object of this section basically is to safeguard the public health, safety by causing acts punishable which affects the health, well being, safety or threatens the life of people. Even if the act causes annoyance to the people then also it will amount to nuisance.

A public Nuisance is a criminal wrong, it is an act or omission that obstructs damages or causes inconvenience to the right of the community. The term public is defined in section 12 of IPC .The word public includes any class of the public or any community. Thus a class or community residing in a particular locality may come within the term public.

 

A common nuisance is not excused on the ground that it causes some convenience or advantage to a charge of public nuisance that the act in question was done. This simply means that there is no defence to a charge of committing a public nuisance that the act in question was done to prevent or mitigate some harm to the other person.

 

A Nuisance can be public or private. A private nuisance is the nuisance done to one person only but when the community at large is involved then it is termed as public nuisance. Nuisance may be permanent, continuing, recurring or even temporary nuisance. 

 

Public nuisance is not a civil wrong but a crime and it cannot be tried by a person unless the person can prove special damages but by the state only. The public nuisance comprises of all the small crimes which can cause hurt or affect health or threaten life and it is not a wrong against a specific person but is considered as a wrong against the society.

 

Section 133 Cr P C gives the power to the District Magistrate to issue conditional order after receiving the report from police office or any information and on taking such evidence as he thinks fit and in case it if found that the act or omission will harm the health, safety and well being of the public at large. A large number of activities are covered under the section including old and dangerous trees, animal, old buildings, obstruction, dangerous activities, storage and manufacture of explosives or dangerous chemicals, industries affecting health and well being.

 

No order duly made by a Magistrate under this section shall be called in question in any civil court. This section is designed to afford a rough and ready procedure for removing public nuisances. In fact, the section has been formulated to deal with emergent situations. In order to invoke Section 133(l)(a), the nuisance has got to be a public nuisance and then only it can be stated to affect the members of the public and hence can be removed from the public place.

 

The object and public purpose behind Section 133 are to prevent public nuisance that if the magistrate fails to take immediate recourse to Section 133, irreparable damage would be done to the public. However, under Section 133 no action seems possible if the nuisance has been in existence for a long period. In that case, the only remedy open to the aggrieved party is to move the civil court.