Very important points
1. There shall be a complete ban on bursting sound emitting firecrackers between 10 p.m. and 6 a.m.2. No one shall beat a drum or tom tom or blow a trumpet or beat or sound any instrument or use any sound amplifier at night, between 10 p.m. and 6 a.m. except in public emergencies.3. No horn should be allowed to be used at night, between 10 p.m. and 6 a.m. in residential area except in exceptional circumstances.4. Special talks and lectures be organised in the schools to highlight the menace of noise pollution and the role of children and younger generation in preventing it.5. Special public awareness campaigns in anticipation of festivals, events and ceremonial occasions whereat firecrackers are likely to be used, need to be carried out.6. The State shall make provision for seizure and confiscation of loudspeakers, amplifiers and such other equipments as are found to be creating noise beyond the permissible limit.7. Nobody can claim a fundamental right to create noise by amplifying the sound of his speech with the help of loudspeakers.

Headnote:
A. Constitution of India, Articles 21 and 19(1)(A) - Noise Pollution - 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-No one can claim a right to create noise even in his own premises which would travel beyond his precincts and cause nuisance to neighbours or others- Any noise which has the effect of materially interfering with the ordinary comforts of life judged by the standard of a reasonable man is nuisance-How and when a nuisance created by noise becomes actionable has to be answered by reference to its degree and the surrounding circumstances including the place and the time. [Paras 8 & 9]
B. Explosive Act, 1884 - Explosive Rules, 1983 - Firecrackers for the purpose of export- Firecrackers for the purpose of export may be manufactured and bear higher noise levels subject to the following conditions : (i) The manufacturer should be permitted to do so only when he has an export order with him and not otherwise; (ii) The noise levels for these firecrackers should conform to the noise standards prescribed in the country to which they are intended to be exported as per the export order; (iii) These firecrackers should have a different colour packing, from those intended to be sold in India; (iv) The firecrackers should have a clear print on them stating that they are not to be sold in India.- In case these firecrackers are found being sold in Indian territory, then the manufacturer and the dealer selling these goods should be held liable. ( paras 150 and 151 )
C. Air (Prevention and Control of Pollution) Act, 1981 Section 2(a) Noise Pollution Control and Regulation Rules, 1999 - Noise Pollution - Meaning of word "Noise" - Word "Pollutant " includes Noise- . Noise is more than just a nuisance- It constitutes a real and present danger to people's health. Day and night, at home, at work, and at play, noise can produce serious physical and psychological stress. - Noise is a type of atmospheric pollution.-It is a shadowy public enemy whose growing menace has increased in the modern age of industrialization and technological advancement.- -Researches have proved that a loud noise during peak marketing hours creates tiredness, irritation and impairs brain activities so as to reduce thinking and working abilities. [Paras, 15 to 17]
D. Noise Pollution (Regulation and Control) Rules, 2000 - The rules make provision to curb noise pollution - The main provisions of the Noise Pollution Rules are as under :
1. The State Government may categorize the areas into industrial, commercial, residential or silence areas/zones for the purpose of implementation of noise standards for different areas.
2. The ambient air quality standards in respect of noise for different areas/zones has been specified for in the Schedule annexed to the Rules.
3. The State Government shall take measures for abatement of noise including noise emanating from vehicular movements and ensure that the existing noise levels do not exceed the ambient air quality standards specified under these Rules.
4. An area comprising not less than 100 meters around hospitals, educational institutions and courts may be declared as silence area/zone for the purpose of these Rules.
5. A loudspeaker 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 i.e. between 10.00 p.m. and 6.00 a.m.
6. 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 provisions of these Rules and any other law in force. [Para 85]
E. Constitution of India, Articles 21, 141 and 142 - Noise Pollution - Guidelines of Supreme Court with regard to ban on use of loudspeakers, vehicular horns, bursting of firecrackers near residential areas -Following guidelines issued:
I. Firecrackers
1. On a comparison of the two systems, i.e. the present system of evaluating firecrackers on the basis of noise levels, and the other where the firecrackers shall be evaluated on the basis of chemical composition, we feel that the latter method is more practical and workable in Indian circumstances. It shall be followed unless and until replaced by a better system.
2. The Department of Explosives (DOE) shall undertake necessary research activity for the purpose and come out with the chemical formulae for each type or category or class of firecrackers. The DOE shall specify the proportion/composition as well as the maximum permissible weight of every chemical used in manufacturing firecrackers.
3. The Department of Explosives may divide the firecrackers into two categories - (i) Sound emitting firecrackers, and (ii) Colour/light emitting firecrackers.
4. There shall be a complete ban on bursting sound emitting firecrackers between 10 pm and 6 am. It is not necessary to impose restrictions as to time on bursting of colour/light emitting firecrackers.
5. Every manufacturer shall on the box of each firecracker mention details of its chemical contents and that it satisfies the requirement as laid down by DOE. In case of a failure on the part of the manufacturer to mention the details or in cases where the contents of the box do not match the chemical formulae as stated on the box, the manufacturer may be held liable.
6. Firecrackers for the purpose of export may be manufactured bearing higher noise levels subject to the following conditions : (i) The manufacturer should be permitted to do so only when he has an export order with him and not otherwise; (ii) The noise levels for these firecrackers should conform to the noise standards prescribed in the country to which they are intended to be exported as per the export order; (iii) These firecrackers should have a different colour packing, from those intended to be sold in India; (iv) They must carry a declaration printed thereon something like 'not for sale in India' or 'only for export to country AB' and so on.
II. Loudspeakers
1. The noise level at the boundary of the public place, where loudspeaker or public address system or any other noise source is being used shall not exceed 10 dB(A) above the ambient noise standards for the area or 75 dB(A) whichever is lower.
2. No one shall beat a drum or tom-tom or blow a trumpet or beat or sound any instrument or use any sound amplifier at night (between 10 p.m. and 6.a.m.) except in public emergencies.
3. The peripheral noise level of privately owned sound system shall not exceed by more than 5 dB(A) than the ambient air quality standard specified for the area in which it is used, at the boundary of the private place.
III. Vehicular Noise
No horn should be allowed to be used at night (between 10 p.m. and 6 a.m.) in residential areas except in exceptional circumstances.
IV. Awareness
1. There is a need for creating general awareness towards the hazardous effects of noise pollution. Suitable chapters may be added in the text-books which teach civic sense to the children and youth at the initial/early level of education. Special talks and lectures be organised in the schools to highlight the menace of noise pollution and the role of the children and younger generation in preventing it. Police and civic administration should be trained to understand the various methods to curb the problem and also the laws on the subject.
2. The State must play an active role in this process. Residents Welfare Associations, Service Clubs and Societies engaged in preventing noise pollution as a part of their projects need to be encouraged and actively involved by the local administration.
3. Special public awareness campaigns in anticipation of festivals, events and ceremonial occasions whereat firecrackers are likely to be used, need to be carried out.
The abovesaid guidelines are issued in exercise of power conferred on this Court under Articles 141 and 142 of the Constitution of India. These would remain in force until modified by this Court or superseded by an appropriate legislation.
V Generally
1. The States shall make provision for seizure and confiscation of loudspeakers, amplifiers and such other equipments as are found to be creating noise beyond the permissible limits.
2. Rule 3 of the Noise Pollution (Regulation and Control) Rules, 2000 makes provision for specifying ambient air quality standards in respect of noise for different areas/zones, categorisation of the areas for the purpose of implementation of noise standards, authorising the authorities for enforcement and achievement of laid down standards. The Central Government/State Governments shall take steps for laying down such standards and notifying the authorities where it has not already been done.
162. Though, the matters are closed in consonance with the directions as above issued in public interest, there will be liberty of seeking further directions as and when required and, in particular, in the event of any difficulty arising in implementing the directions. [Paras 162 & 163]
F. Constitution of India, Article 21 - Article 21 of the Constitution guarantees life and personal liberty to all persons-It is well settled by repeated pronouncements of this Court as also the High Courts that right to life enshrined in Article 21 is not of mere survival or existence-It guarantees a right of person to life with human dignity-Therein are included, all the aspects of life which go to make a person's life meaningful, complete and worth living-The human life has its charm and there is no reason why the life should not be enjoyed along with all permissible pleasures.[Para 8]
sssand 291 - . Sections 290 and 291 of the Indian Penal Code deal with the punishment for public nuisance-. Under Section 133 of the Code of Criminal Procedure, 1973 the magistrate has the power to make conditional order requiring the person causing nuisance to remove such nuisance. [Paras 86 & 89]

Judgement Key Points

Guidelines Issued by the Supreme Court on Noise Pollution

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. (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!)

I. Firecrackers

Firecrackers to be evaluated based on chemical composition (proportion, maximum permissible weight of chemicals) rather than noise levels for practicality in enforcement; Department of Explosives (DOE) to specify formulae for each type/category/class. (!) (!)
Firecrackers divided into: (i) sound-emitting; (ii) colour/light-emitting. (!)
Complete ban on bursting sound-emitting firecrackers between 10 p.m. and 6 a.m.; no time restrictions on colour/light-emitting firecrackers. (!) (!)
Manufacturers must label boxes with chemical contents and DOE compliance; non-compliance leads to manufacturer liability. (!)
Export firecrackers with higher noise levels permitted only with export order, conforming to destination country's standards, distinct colour packing, and "not for sale in India" declaration; liability on manufacturer/dealer if sold domestically. (!) (!) (!)

II. Loudspeakers/Public Address Systems/Instruments

Noise at boundary of public place ≤10 dB(A) above ambient standards or 75 dB(A), whichever lower. (!)
Ban on drums, tom-toms, trumpets, instruments, or sound amplifiers at night (10 p.m.–6 a.m.) except public emergencies. (!) (!) (!)
Private sound systems: peripheral noise ≤5 dB(A) above ambient standards at private place boundary. (!)

III. Vehicular Noise (Horns)

No horns in residential areas at night (10 p.m.–6 a.m.) except exceptional circumstances. (!) (!) (!)

IV. Awareness and Education

Add chapters on noise pollution/civic sense in school textbooks; organize school lectures/talks on its hazards and children's role. (!) (!) (!) (!)
Train police/civil administration on curbing methods and laws. (!)
State to actively promote via Resident Welfare Associations, service clubs, societies. (!)
Pre-festival/event awareness campaigns on firecracker use. (!) (!)

V. General Enforcement

States to enable seizure/confiscation of loudspeakers, amplifiers, equipment exceeding limits. (!) (!) (!)
Implement Noise Pollution (Regulation and Control) Rules, 2000: categorize areas (industrial/commercial/residential/silence zones), notify standards/authorities. (!)
Silence zones: ≥100m around hospitals, educational institutions, courts. (!) (!)

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 religious performances or singing bhajans and the like in busy commercial localities on the days of weekly offs. Best quality hi-fi audio systems are used. Open space, meant for use by the schools in the locality, is let out for use in marriage functions and parties wherein merry making goes on with hi-fi amplifiers and loudspeakers without any regard to timings. Modern residents of the locality organize terrace parties for socializing and use high capacity stereo systems in abundance. These are a few instances of noise pollution generated much to the chagrin of students taking examinations who find it utterly difficult to concentrate on studies before and during examinations. The noise polluters have no regard for the inconvenience and discomfort of the people in the vicinity. Noise pollution has had its victims in the past and continues to have victims today as well. The petitioner seeks to invoke the writ jurisdiction of this Court so that there may not be victims of noise pollution in future. The principal prayer is that the existing laws for restricting the use of loudspeakers and other high volume noise producing audio-video systems, be directed to be rigorously enforced.

Facts in C.A.No. 3735 of 2005 (Arising out of S.L.P. (C) No. 21851/03)

Leave granted.

3. The Government of India framed and published Noise Pollution Control and Regulation Rules, 1999. On 11.10.2002 the Government of India brought in an amendment in the Rules. The amendment empowered the State Government to permit use of loudspeaker or public address system during night hours (between 10 pm and 12 p.m. mid-night) on or during the cultural or religious occasions for a limited period not exceeding 15 days. Vires of this amendment were put in issue by the appellant submitting that the provision is not accompanied by any guidelines and is capable of being misused to such an extent that the whole purpose behind enacting the Rules itself may be defeated. The High Court of Kerala found the petition devoid of any merit and directed the petition to be dismissed. Feeling aggrieved, this petition has been filed by special leave.

4. The special leave petition and, in particular, the writ petition raise issues of wide ranging dimensions relating to noise pollution and the implications thereof. Taking cognizance of the matters as public interest litigation, the Court vide its order dated 6.4.98, directed the cause title of the petition filed by Shri Anil Kumar Mittal to be amended as “In re. Noise Pollution—Implementation of the Laws for Restricting Voice of Loudspeakers and High Volume Producing Sound System”. The Court also appointed Shri Jitender Sharma, Senior Advocate and Shri Pankaj Kalra, Advocate to appear as Amicus Curiae. Both the learned counsel were present in the Court and accepted th