Are We Deaf to Noise Pollution?

                                                            
'Noise is unwanted sound. What is pleasant to some ears may be extremely unpleasant to other, depending on a number of psychological factors. Sweetest music, if it disturbs a person who is tying to concentrate or sleep, is noise to him, just as a pneumatic riveting hammer is noise to nearly everyone. In other words, any sound may be noise if circumstaqnces cause it to be disturbing'- Encyclopaedia Americana.
 Legally speaking whether noise constitutes nuisance is a question of degree. Yet where noise is caused intentionally to disturb someone, it may be taken as nuisance. The two chief categories of noise pollution are industrial and non-industrial. Most people in India do not consider noise as pollution but they are used to it as their part of life. Unless people realize the dangerous consequences of noise they will not take any measure to curb noise pollution.
Industrial environment produces noise. More industrialization leads to more noise.Mills, automobiles repairing, printing presses, etc are some sources of noise pollution affecting public living in the vicinity.
Non-industrial sources of noise mainly in India is the loud speaker.The originator of almost all noise pollution is the man. Machines of various types, aeroplanes, trains, automobiles, explosives and even firecrackers lead to noise pollution. Use of loudspeakers commonly in religious places are also nothing but nuisance.In India it seems that the use of loudspeakers assume the status of a fundamental right by virtue of Article 19(1). Although this freedom is subject to reasonable restriction, here the restriction is not with respect to pollution but only on the grounds of sovereignty and integrity of the nation, the security of the State, friendly relations with foreign States or public order, decency or morality or in respect of contempt of courts, defamation or incitement to offence.
 Then comes Article 25 which again protects people's right to use loudspeakers by way of protection of freedom, conscience and free profession, practice and propagation of religion. Clause (1) of this Article states: "Subject to public order, morality and health and to all other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion." Although this right is made subject only to public order, morality and health but the nexus between noise and health will have to be judicially established to succeed in an action.
Motor Vehicle Act, 1939  through sections 20,21(j),41,68 (i),70, 91 and 111 empowers a State Government to frame rules for the upkeep of motor vehicles and control of noise produced by them. But except for a little control of horns and silencers of the motor vehicles, no state has implemented effective control measure in this regard.Even in the Aircrafts Act and Factories Act, there is no protective measures from the noise pollution caused by them to the residents in the vicinity or workers respectively.
It is high time we woke to to the realities of the damage caused by noise pollution and extend the legal arm to curb it. 

Indian Environmental Policy

The Indian Constitution is amongst the very few in the world that contains specific provision  in order tho protect environment, although it is explicitly found in the chapter of Directive Principles of State Policy and Fundamental Duties. However the recital in the Chapter of Fundamental Rights recognizes a person's right to life and the Courts have made the right to live in a wholesome environment a part of right to live.
Since the year 1972, India has been taking positive steps towards environmental protection and introduction of a host of environmental legislations followed. The most important of all of them, the Environment (Protection) Act, 1986, which is the umbrella Act designed to patch up all the deficiencies of the earlier Water(Prevention& Control of Pollution Act) 1976 and the Air( Prevention and Control of Pollution) Act
The other important legislations are the Wildlife (Protection) Act, 1972; the Forest (Conservation )Act, 1972; Hazardous Waste(Management, Handling & Transboundary Movement)Rules, 2008; the Public Liability Insurance Act, 1991; the National Environmental Tribunal Act, 1995; the National Environment Appellate Authority Act, 1997; the Factories Act, 1948; the Mines Act 1952; the Civil Liability of Nuclear Damages Act, 2010 and the Biological Diversity Act, 2002. India also has specific legislations with respect to coastal areas and nuclear, chemical and medical wastes. 
Of all the national policies governing environmental management, the National Environment Policy, 2006 (NEP) is the most important pronouncement. NEP is based on the principle of sustainable development and is a guide to action in rules and regulations and projects.
The Ministry of Environment and Forests is the nodal agency of the Government of India which is responsible for regulating and ensuring environmental protection, formulation of environmental policy framework, survey and conservation of flora and fauna, forests and different ecosystems and also the planning, promotion, co-ordination and supervision of the implementation of environment protection programmes.
The responsibility of prevention and control of Industrial pollution is vested in the Central Polluion Control Board attachhed to the Ministry of Environment& Forests at the Central level and State Pollution Control
Boards at the states level under the respective State Ministries . The National Coastal Zone Management Authority.The and State Coastal Zone Management Authorities oversee the coastal zone regulations.
The Courts, along with the special Tribunals, the National Environment Tribunal and National Environment Appellate Authority are responsible for the enforcement of environmental laws.
The Indian regulatory framework encompasses civil and criminal liability for breach of the environmental protection laws. The PPP(Polluter Pays Principle) is what is Indian law when it comes to adjudication of pollution cases.The rule is absolute liability, a step higher than the rule of strict liability which is followed in England and the other commonwealth countries. Absolute liability means that enterprises engaged in hazardous and inherently dangerous activities would be absolutely liable to compensate those affected by an accident and such liability would not be subject to any of the exceptions which operate under the principle of strict liability.

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