R. C. LAHOTI, ASHOK BHAN
In Re: Noise Pollution-Implementation of the Laws for Restricting Use of Loudspeakers and High Volume Producing Sound Systems – Appellant
Versus
In Re: Noise Pollution-Implementation of the Laws for Restricting Use of Loudspeakers and High Volume Producing Sound Systems – Respondent
The judgment issues comprehensive guidelines under Articles 141 and 142 of the Constitution, applicable until modified or superseded by legislation. These cover firecrackers, loudspeakers/public address systems, vehicular horns, awareness measures, and general enforcement provisions. (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!)
These guidelines emphasize right to peaceful life under Article 21, prioritizing health over noise creation; violations actionable as nuisance under prevailing laws. (!) (!) (!) (!)
Judgment
R.C. Lahoti, CJI.—These two matters before us raise certain issues of far-reaching implications in day-to-day life of the people in India relatable to noise pollution vis-a-vis right to life enshrined in Article 21 of the Constitution as interpreted in its wide sweep by the constitutional courts of the country. Though a limited grievance was raised to begin with but several intervenors and interlocutory applications enhanced the scope of hearing and the cases were heard in a very wide perspective centering around Article 21 of the Constitution. Several associated and incidental issues have also been gone into.
Facts in W.P. (C) No. 72/98
2. CWP No. 72/98 is filed by Shri Anil K. Mittal, an engineer by profession moving the Court pro bono publico. The immediate provocation for filing the petition was that a 13 year old girl was a victim of rape (as reported in newspapers of January 3, 1998). Her cries for help sunk and went unheard due to blaring noise of music over loudspeaker in the neighbourhood. The victim girl, later in the evening, set herself ablaze and died of 100 burn injuries. The petition complains of noise created by the use of the loudspeakers being used in relig
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