The main legal point established in the judgment is the need for strict enforcement of noise pollution regulations to protect citizens' right to a pollution-free and peaceful environment.

S. Talapatra, J.

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. Although a soft rhythmic sound in the form of music and dance stimulates brain activities, removes boredom and fatigue, but its excessiveness may prove detrimental to living things. 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. Noise pollution was previously confined to a few special areas like factory or mill, but today it engulfs every nook and corner of the globe, reaching its peak in urban areas. Industries, automobiles, rail engines, aeroplanes, radios, loudspeakers, tape recorders, lottery ticket sellers, hawkers, pop singers, etc., are the main ear contaminators of the city area and its market place. The regular rattling of engines and intermittent blowing of horns emanating from the caravan of automobiles do not allow us to have any respite from irritant noise even in suburban zones.

[As paraphrased from “NoisePollutionEnvironmentand Law”, Ranbir Singh, Indian Bar Review Vol.23 (3 and 4) 1996, Page 86.] In Noise Pollution (V), In Re,reported in (2005) 5 SCC 733, speaking for the Bench, Justice Mr. R.C. Lahoti, C.J has observed that that the right to life enshrined in Article 21 is not of mere survival or existence. It guarantees a right of persons 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. Anyone 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. 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. No one is immune to this stress; though we seem to adjust to noise by ignoring it, the ear, in fact, never closes and the body still respondssometimes with extreme tension, as to a strange sound in the night. It is a shadowy public enemy whose growing menace has increased in the modern age of industrialization and technological advancement. Noise has both auditory and nonauditory effects depending upon the intensity and the duration of the noise level. It affects sleep, hearing, communication, mental and physical health. It may even lead to the madness of people. Noise can disturb our work, rest, sleep, and communication. It can damage our hearing and evoke other psychological, and possibly pathological reactions. However, because of complexity, variability and the interaction of noise with other environmental factors, the adverse health effects of noise do not lend themselves to a straightforward analysis.

It has been further observed that:

“The relevant Indian status and the rules framed thereunder are not comprehensive enough so as to deal with all the problems and issues related to noise pollution. Compared with the legislation in developed countries India is still lagging behind in enacting adequate and scientific legislations. What is required is one simple but specific and detailed legislation dealing with the several aspects referable to noise pollution and providing measures of control therefor. For an effective implementation of noise pollution prevention programme, it is essential that such a method be devised whose enforcement shall not be problematic.