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2019 Supreme(P&H) 1554
IN THE HIGH COURT OF PUNJAB AND HARYANA
[DIVISION BENCH]
Before
Hon’ble Mr. Justice Rajiv Sharma
Hon’ble Mr. Justice Harinder Singh Sidhu
CWP No. 6213 of 2016 (O&M)
Reet Mohinder Singh
v.
State of Punjab & Ors.
{Decided on 22/07/2019}
Mr. Satya Pal Jain, Additional Advocate General of India with Mr. Alok Kumar Jain, Senior Panel Counsel for Union of India, Mr. Arun Gosain, Senior Panel Counsel for Union of India.
Mr. Suveer Sheokand, Additional Advocate General, Punjab.
Mr. Deepak Balyan, Additional Advocate General, Haryana and Mr. Vivek Saini, Deputy Advocate General, Haryana.
Ms. Harpreet Kaur, Advocate for Mr. Navkiran Singh, Advocate, for Intervenor.
Mr. Namit Kumar, Advocate, for U. T. Chandigarh.
Noise Pollution--Mandatory Directions--No loudspeaker or public address system shall be used by Temples, Mosques and Gurudwara without permission even during daytime - Right to Life--Mandatory Directions issued to ensure that no songs are played glorifying the liquor, wine, drugs and violence in any song even in live show.
Headnote:
(A) Noise Pollution (Regulation and Control) Rules, 2000--Mandatory Directions--To crub the menace of noise pollution certain mandatory directions issued for impleadmention in States of Punjab, Haryana and U.T, Chandigarh--District Magistrate/Senior Superintendent of Police/ Superintendent of Police shall be personally responsible to ensure due compliance of the directions--Held;
(i) No loudspeaker or public address system shall be used by Temples, Mosques and Gurudwara without permission even during daytime;
(ii) No loudspeaker/public address system/musical instruments are to be played during night time in public;
(iii) During any cultural or religions festive occasions not exceeding 15 days in a calendar year permission can be granted to use loudspeaker between 10 pm to midnight;
(iv) No loud speaker to be allowed 15 days prior to annual examination
(v) No horn shall be blown in silence zone or during night in residential area--Pressure Horns are banned throughout; Motorcycles are to be duly fitted with silencers
(B) Constitution of India, Article 21--Right to Life--Mandatory Directions issued to Head of Police Department of State to ensure that--
(i) Fire arms are not to be carried to a fair, religious procession/marriage procession or any other public assemblage or within the campus or near the educational institutions.
(ii) To ensure that no songs are played glorifying he liquor, wine, drugs and violence in any song even in live show
(iii) No child age below 12 years to enter cinema hall where “A” certificate films are screened
(iv) No nude, semi nude or obscene poster should be fixed/displayed near educational institution.
Writ petitions are disposed of with the following mandatory directions:-
i) The States of Punjab, Haryana and Union Territory, Chandigarh are directed to ensure that no loudspeaker or public address system shall be used by any person including religious bodies in Temples, Mosques and Gurudwaras without written permission of the authority even during day time, that too, by getting an undertaking that the noise level shall not exceed more than 10dB(A) peripheral noise level.
ii) The States of Punjab, Haryana and Union Territory, Chandigarh are directed to ensure that the loudspeaker, public address system, musical instrument and sound amplifier are not played during night time except in auditoria, conference rooms, community halls, banquet halls as per norms laid down under the Noise Pollution (Regulation and Control) Rules, 2000.
iii) The States of Punjab, Haryana and Union Territory, Chandigarh are directed to ensure that loud speakers or public address systems are not used between 10.00 p.m. to 6.00 a.m., except between 10.00 p.m. to 12.00 midnight during any cultural or religious festive occasion of a limited duration not exceeding 15 days in all during a calendar year, that too, the noise level shall not exceed 10dB(A) above the ambient noise standards for the area. The peripheral noise level of a privately owned sound system or a sound producing instrument shall not, at the boundary of the private place, exceed by more than 5dB (A). The authority concerned shall keep on visiting and monitoring at the public places, private places, auditoriums, conference rooms, community halls, banquet halls, temples, mosques and Gurudwaras to ensure due compliance of the Rules.
iv) We direct all the Senior Superintendents of Police/ Superintendents of Police in the States of Punjab, Haryana and Union Territory, Chandigarh to ensure that no horn shall be blown in silence zone or during the night time between 10.00 p.m. to 06.00 a.m. in residential areas except during public emergency. No sound emitting construction equipments shall be used or operated during the night time between 10.00 p.m. to 06.00 a.m. in residential areas or silence zone. m. The pressure horns are banned throughout the States of Punjab, Haryana and Union Territory, Chandigarh. The violators of the Rules be penalized under the Rule 6 of the Noise Pollution (Regulation and Control) Rules, 2000.
v) All the Senior Superintendents of Police/ Superintendents of Police and Deputy Superintendent of Police in the States of Punjab, Haryana and Union Territory, Chandigarh are directed to ensure that motorcycles throughout the States of Punjab, Haryana and Union Territory, Chandigarh are duly fitted with silencers to avoid noise pollution and menace.
vi) No person, throughout the States of Punjab, Hayana and Union Territory, Chandigarh, shall carry any fire-arm to a fair, religious procession/ marriage procession or other public assemblage or within the campus or precincts of any educational institution.
vii) The Licensing Authorities are also directed to ensure that no licence is issued to any person, who has not completed the age of 21 years.
viii) No licence shall be issued to a person who has been sentenced on conviction of any offence involving violence or moral turpitude to imprisonment for [any term] at any time during a period of five years.
ix) No licence shall be issued to a person who has been ordered to execute under Chapter VIII of the [code of Criminal Procedure, 1973 (2 of 1974)], a bond for keeping the peace or for good behaviour, during the term of the bond.
x) The Director General of Police in the States of Punjab, Haryana and Union Territory, Chandigarh, are directed to ensure that no songs are played glorifying the liquor, wine, drugs and violence in any song even in live shows.
xi) The States of Punjab, Haryana and Union Territory, Chandigarh are also directed that no child below the age of 12 years is permitted to enter cinema halls/ multiplexes, where “A” certificate films are screened.
xii) The District Administration is directed to ensure that nude posters, semi-nude posters, obscene posters should not be fixed/ displayed in any district near the educational institutions in the States of Punjab, Haryana and Union Territory, Chandigarh.
xiii) The Deputy Commissioners in the States of Punjab, Haryana and Union Territory, Chandigarh, are directed to ensure that no loudspeakers are permitted 15 days before the annual examinations and during the course of examinations.
xiv) The recommendations made by the Committee constituted by this Court are ordered to be implemented in letter and spirit for proper enforcement of law.
xv) The District Magistrates/ Senior Superintendents of Police/ Superintendents of Police of each district shall be personally responsible to ensure due compliance of the directions issued hereinabove.
JUDGMENT
Mr. Rajiv Sharma, J.:- This order will dispose of aforesaid five writ petitions as common questions of law and facts are involved therein.
2. This Court vide order dated 14.3.2019 had constituted a Committee headed by Shri M. L. Sarin, Senior Advocate/ Amicus Curiae together with Shri Akshay Bhan and Ms. Reeta Kohli, Senior Advocates and Shri Pankaj Jain, Senior Standing Counsel, U. T. Chandigarh, Shri Deepak Balyan, Additional Advocate General, Haryana and Shri Shireesh Gupta, Senior Deputy Advocate General, Punjab.
3. The Committee was ordered to make suggestions to this Court for formulating a policy to be implemented in the States of Punjab, Haryana and Union Territory, Chandigarh, for effective implementation of the provisions of law to control noise pollution and decide other allied issues.
4. The Committee had invited suggestions from the Committee Members and various stakeholders from various parts of the States of Punjab, Haryana and Union Territory, Chandigarh. The first meeting of the Committee was held on 24.4.2019. The second meeting was held on 12.5.2019. The Committee opined that there are adequate provisions of law to control the menace of noise pollution but what is lacking is its effective implementation. The following suggestions were given for effective implementation of the provisions of law:-
i) To make the prevention of noise pollution an integral part of the Swachh Bharat Mission.
ii) Sensitize people, both the officials and the general public, about the hazardous effects of noise pollution and its ill-effects on human beings, birds and animals as well as nature.
iii) Sensitize religious institutions, marriage palaces and other noise producing institutions about the adverse impact of noise pollution in the vicinity. In this respect highlighting the Hukamnama issued by Sri Akal Takhat Sahib on use of loudspeakers only within the precincts of a Gurdwara.
iv) This process of sensitizing the public should be done through an aggressive campaign of 4-6 months through pamphlets, posters, newspapers, electronic media, advertisements, messages through mobile operators, etc., especially by taking the Health Department of the three governments on board.
v) The press and the media should also be requested to highlight the adverse effects of noise pollution.
vi) The authorities responsible for implementing the laws have to be warned that it is their duty to implement the laws. In this respect, the Chief Secretaries/ Advisor and the DGPs should be made responsible for implementation of the law and to ensure that the supporting authorities under the Rules perform their duties effectively.
vii) As an aid to discharging their functions, the authorities should be equipped with modern noise monitoring devices.
viii) Each religious institution should be asked to nominate a responsible person to ensure the implementation of the law and in case of any breach, should be held accountable.
ix) Places which produce noise regularly e.g. Religious institutions, marriage palaces, barred industrial units, etc. should have noise monitoring devices installed to prevent them going above the permissible limit.
b) Setting up a common hotline for Punjab, Haryana and the U.T. Chandigarh.
i) After creating a common command for Chandigarh region i.e. including Chandigarh, Mohali and Panchkula, there should be a common helpline where complaints can be made which can further be sent to the concerned Authorities in their respective areas accessible on phone, WhatsApp or email. Single phone number of email ID should cater to whole of the territory and the same should be widely advertised and published on radios and in newspapers, electronic media, etc.
ii) That the Authorities must have in House Standard Operating Procedure clearly defining steps that are to be taken after a complaint is received specifying outer time limit within
