Loudspeakers: What The Noise Pollution Rules Say | EXPLAINED

Amidst the controversy over loudspeakers use, what do the Noise pollution rules say about its use in India?

New Delhi: A political row has erupted over the use of loudspeakers at religious places across the country. Uttar Pradesh Chief Minister Yogi Adityanath ordered removing loudspeakers from all religious places in the state. Meanwhile, Bihar Chief Minister Nitish Kumar said the discussions of removing loudspeakers from religious places is “futile”. Earlier, Maharashtra Navnirman Sena President Raj Thackeray launched a campaign to yank off loudspeakers from all mosques in the state by May 3, or his activists would blare out Hanuman Chalisa at double volumes there.

As a huge political row raged, the ruling Maha Vikas Aghadi (MVA) government firmly rejected his demand and lobbed the ball in the Centre’s court, urging for a national policy on the use of loudspeakers at all such places. The state has also made it clear to all religious places of worship to strictly adhere to the Supreme Court norms on decibel levels for using loudspeakers failing which they would face action. Amidst the controversy over loudspeakers use, what do the rules say about its use in India? We have curated a list of points so that you can understand as to what constitutes ‘noise’ under law and its relation to the use of loudspeakers in the country.

Understanding ‘Noise’ under law

Any sound that promotes annoyance, disturbance, discomfort or injury or risk of annoyance, discomfort or injury to the public or to any person who dwell or occupy
property on the vicinity is constituted as “noise” under law. According to the Central Pollution Control Board’s mandate for noise pollution, noise means “unwanted sound”.

According to the Noise pollution rules, noise has been defined under accepted levels in different zones for daytime and nighttime rules. For daytime, the permissible limit is 75 decibels in industrial areas while it has been set as 70 decibels for night. For commercial areas, the daytime permissible limit has been set at 65 decibels and 55 decibels for night. Meanwhile, the permissible limit is 55 decibels in residential areas and 45 decibels in night. In silence zones, 50 decibels has been set as the permissible limit for daytime and 40 decibels for night. Silence zone is an area comprising not less than 100 metres around hospitals, educational institutions, courts, religious places or any other area which is declared as such by the authority.

As per the rules, noise can be categorised as any noise emanating from vehicular movements, blowing of horns, bursting of sound emitting firecrackers, use of loud speakers or public
address system and sound producing instruments. The state government is responsible for ensuring that the existing noise levels do not exceed the ambient air quality standards specified under these rules.

What does rules for use of loudspeakers say

Now that we have understood as to what constitutes noise under the law, let us look at what the rules about the use of loudspeakers say according to the Noise Pollution (Regulation and Control) Rules, 2000 under The Environment (Protection) Act, 1986.

1. The noise level at the boundary of the public place, where loudspeaker or public address system or any other noise source is being used shall not exceed 10 dB (A) above the ambient noise standards for the area or 75 dB (A) whichever is lower
2. A loudspeaker or a public address system shall not be used except after obtaining written permission from the authority.
3. A loud speaker or a public address system or any sound producing instrument or a musical instrument or a sound amplifier shall not be used at night time except in closed premises for communication within, like auditoria, conference rooms, community halls, banquet halls or during a public emergency.
4. The state government is allowed to subject to such terms and conditions as are necessary to reduce noise pollution, permit use of loud speakers or public address system and the like during night hours (between 10.00 p.m. to 12.00 midnight) on or during any cultural or religious festive occasion of a limited duration not exceeding 15 days in all during a calendar year. The state government shall generally specify in advance, the number and particulars of the days on which such exemption would be operative.
5. 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 5 dB (A) the ambient noise standards specified for the area in which it is used.

As per the Noise pollution rules, the authority is allowed to take action if it has received a report from police about a complaint being filed by any person of any “noise” that have caused annoyance, disturbance, discomfort or injury to the public or to any person who dwell or occupy property on the vicinity.  “If the authority is satisfied from the report of an officer in charge of a police station or other information received by him including from the complainant that it is necessary to do so in order to prevent annoyance, disturbance, discomfort or injury or risk of annoyance, disturbance, discomfort or injury to the public or to any person who dwell or occupy property on the vicinity, he may, by a written order issue such directions as he may consider necessary to any person for preventing, prohibiting,
controlling or regulating the sounds which may be caused by use of horn, loudspeakers or construction equipment, etc,” according to the Noise pollution rules.