The rights of individuals to a peaceful environment should be protected, and the rules for noise pollution level should be enforced.

1. Lave granted.

2. The questions involved in this appeal are that in a country having multiple religions and numerous communities or sects, whether a particular community or sect of that community can claim right to add to noise pollution on the ground of religion? Whether beating of drums or reciting of prayers by use of microphones and loud-speakers so as to disturb the peace of tranquility of neighbourhood should be permitted? Undisputedly no religion prescribes that prayers should be performed by disturbing the peace of others nor does it preach that they should be through voice-amplifiers or beating of drums. In our view, in a civilized society in the name of religion, activities which disturb old or infirm persons, students or children having their sleep in the early hours or during day-time or other persons carrying on other activities cannot be permitted. It should not be forgotten that young babies in the neighbourhood are also entitled to enjoy their natural right of sleeping in a peaceful atmosphere. A student preparing for his examination is entitled to concentrate on his studies without there being any unnecessary disturbance by the neighbours. Similarly, old and infirm are entitled to enjoy reasonable quietness during their leisure hours without there being any nuisance of noise pollution. Aged, sick, people afflicted with psychic disturbances as well as children upto 6 years of age are considered to be very sensible to noise. Their rights are also required to be honoured.

3. Under the Environment (Protection) Act, 1986, rules for noise pollution level are framed which prescribe permissible limits of noise in residential, commercial, industrial areas or silence zone. The question is - whether the appellant can be permitted to violate the said provisions and add to the noise pollution? In our view, to claim such a right itself would be unjustifiable. In these days, the problem of noise pollution has become more serious with the increasing trend towards industrialization, urbanization and modernization and is having many evil effects including danger to the health. It may cause interruption of sleep, affect communication, loss of efficiency, hearing loss or deafness, high blood pressure, depression, irritability, fatigue, gastro-intestinal problems, allergy, distraction, mental stress and annoyance etc. This also affects animals alike. The extent of damage depends upon the duration and the intensity of noise. Sometimes it leads to serious law and order problem. Further, in an organized society, rights are related with duties towards others including neighbours.

4. Keeping this background in mind, we would narrate the facts in brief for resolving the controversy involved in the present case. This appeal by special leave is filed against the judgment and order dated 19.4.1999 passed by the High Court of judicature at Madras in Criminal O.P. No. 61 of 1998. The appellant is the Church of God (Full Gospel) ("Church" for short) located at K.K.R. Nagar, Madhavaram High Road, Chennai. It has a prayer hall for the Pentecostal Christians and is provided with musical instruments such as drum set, triple gango, guitar etc. Respondent No.1- KKR Majestic Colony Welfare Association ("Welfare Association" for short) made a complaint on 15.5.1996 to the Tamilnadu Pollution Control Board (hereinafter referred to as "the Board") stating therein that prayers in the Church were recited by using loud-speakers, drums and other sound producing instruments which caused noise pollution thereby disturbing and causing nuisance to the normal day life of the residents of the said colony. Complaints were also made to the Superintendent of Police and the Inspector of Police - respondents Nos. 5 and 6 respectively. The Joint Chief Environmental Engineer of the Board - respondent No. 4 herein on 23.5.1996 addressed a letter to respondent No. 5, the Superintendent of Police, Chengai MGR District (East), Chennai, to take action on the comp