(July 23, 2001) 2001 (TLS)125229

2001-DLT-93-28 :: 2001-AD (Del)-6-33

FRI LEGAL AID CELL SHRI SUGAN CHAND AGGARWAL ALIAS BHAGATJI Vs. Government of the National Capital Territory of Delhi

Arijit Pasayat

( 1 ) THIS is a petition filed on behalf of an association of public activists in public interest. Main grievance in this petition is that as a result of display of fire works and use thereof during festivals and marriages, physical and mental hazard is suffered by adults as well as children. Noise pollution is caused due to use of high-sounding explosive fire works and other blaring sound- producing devices and the effect of the same results in pollution in sound, which is hazardous. It is also submitted that because of indiscriminate use of loudspeakers, noise pollution has become a routine affair affecting mental as well as physical health of citizens. There is noise pollution notwithstanding specific instructions issued by the Deputy Commissioner of Police, Head Quarters, Delhi. It is highlighted that manner in which sound pollution is being caused and the impact of such sound pollution on the health of the people, is a cause for great concern.

( 2 ) "pollution" is noun derived from the transitive verb "pollute", which, according to the Random House Dictionary of the English Language (College Edition, 1977), means:.

" (I) to make foul or unclean, dirty: to pollute the air with smoke. (2) to make impure or morally unclean, defile, desecrate to soil, defile. Synonyms 1. Soil, befoul, 2, Taint, examinable, corrupt, debase. According to Halsbury s Laws of England, Fourth Edition, Vol. 38, pollution means "the direct or indirect discharge by man of substances or energy into the aquatic environment resulting in hazard to human health, harm to living resources and aquatic ecosystems, damage to amenities or interference with other legitimate uses of water. "the above definition relates to pollution of water, and has not covered pollution in general. As regards noise pollution, it simply connotes unwanted sound in the atmosphere. It is unwanted because it lacks the agreeable amicable quality. Noise is, therefore, sound, but it is pollution when the effects of sound become undesirable. The Encyclopedia Britannica (Vol. 16,1968, p. 558) has stated :

"in acoustics noise is defined as any undesired sound. According to this definition, a sound of church bells may be music to others. Usually, noise is a mixture of many tones combined in a non-musical manner". The Encyclopedia Americana further states:

"noise by definition is unwanted sound. What is pleasant to some ears may be extremely unpleasant to other, depending on a number of psychological factors. The sweetest music, if it disturbs a person who is trying to concentrate or to sleep, is noise to him, just as the sound of a pneumatic riveting hammer is noise to nearly everyone. In other words, any sound may be noise if circumstances cause it to be disturbing". The pollution as evil, thus brings the society to understand that mankind is part of nature. Richard Maybe, in his "handbook on Pollution" observes that the root cause of pollution probably lies in the sort of world we have chosen to build for ourselves, and in our thoughtless worship of progress at any cost. This amply illustrates that pollution is plain progress crisis.

( 3 ) It is seen that various environmental laws have failed to afford sufficient remedial measures for the individual sufferers, and the criminal liability created thereunder is mostly generalized and is of little avail to the person or persons who become victims of any pollutant. Another vital aspect lacking in the environmental laws is that there is no independent law on noise pollution.

( 4 ) THE Apex Court had also occasion recently to deal with the cases of noise pollution. (See Church of God (Full Gospel) in India v. K. K. R. Majestic Colony Welfare association and Others, VI (2000) SLT 446=iv (2000) CCR 35 (SC)= (2000) Vol. 7 SCC 282 ).