Jharkhand High Court Imposes Complete Ban On Loudspeakers, Sound Amplifiers From 10 PM To 6 AM; Authorities May Relax 2 Hrs During Festivities

The ruling came in a Public Interest Litigation (PIL) filed by the Jharkhand Civil Society through its core committee member Atul Gera

The petitioner's counsel argued that the Jharkhand State Pollution Control Board and the Sub Divisional Officer, Sadar at Ranchi, had mentioned in their Counter Affidavits filed on 10.07.2023 that certain areas/zones were declared as Silence Zones, with specified decibel limits and time restrictions. However, the counsel contended that the State failed to monitor and enforce these regulations.

Additionally, the counsel pointed out that the State's prosecution against noise polluters lacked effectiveness and was merely a superficial attempt to address the issue. There was criticism that the Counter Affidavit did not provide any details on how the State planned to control noise pollution originating from loudspeakers, sound amplifiers, public address systems, or any other sources of noise.

Furthermore, the petitioner's counsel argued that there was a lack of a proper mechanism or designated authority to address grievances from individuals affected by sound pollution caused by loudspeakers, sound amplifiers, public address systems, or similar sources of noise. The counsel emphasized the need for the respondents to monitor sound pollution during the upcoming festive season.

Alternatively, the State counsel argued that they have taken measures to reduce noise pollution and address the issue. They claim to have initiated five prosecutions against individuals who violated noise pollution regulations, leading to the seizure of items like amplifier boxes.

Furthermore, it was stated that a significant amount of fines has been collected under the Motor Vehicles Act while addressing noise pollution. The Senior Superintendent of Police in Ranchi has directed all Police Station Officers-in-Charge to strictly enforce the Noise Pollution Rules of 2000. They have also equipped police stations with sound level meters and decibel meters and installed signage designating various areas, including those near hospitals and educational institutions, as "Silence Zones."

The State asserted that they held a meeting with DJ Sound and Loud Speaker Operators to educate them about the Noise Pollution Rules. Based on these actions, they claim to have taken several steps to reduce noise and sound pollution.

The Jharkhand State Pollution Control Board filed a separate counter affidavit, noting that several "Silence Zones'' have been designated. It was submitted that they have also published notifications declaring areas within a 100-meter radius of private hospitals with 50 or more beds registered under the Ayushman Bharat Yojna and all Sadar Hospitals in the state as "Silence areas/Zones." Noise limits have already been established for various areas, including residential zones, and they regularly monitor noise pollution zones.

However, the petitioner's counsel countered this by arguing that the respondents' action in designating "Silence Zones" near hospitals with a capacity of 50 beds lacks a rational basis. They believe that areas near all hospitals, regardless of bed capacity, should be declared as "Silence Zones."

After going through both the counter affidavits, the Court was not fully satisfied with the action taken by the Respondents.

The division bench comprising Chief Justice Sanjaya Kumar Mishra and Justice Ananda Sen said, “Prima facie, we feel that what is the rationale to declare the areas near a Hospital having capacity of 50 beds or more, only as “silence zones” have not been explained. Further, though in the counter affidavit, it has been mentioned that all the Sub Divisional Officers, Sub Divisional Police Officers, City Deputy Superintendents of Police, Senior Superintendents of Police are entrusted to ensure compliance of the notifications, but there is nothing to suggest as to before whom a person aggrieved by noise pollution, can approach, in cases of emergency where there is immense threat of noise pollution.”

“Further, there is nothing in the counter affidavit to suggest what steps they propose to take to control the sound pollution, which is caused by drums or tom-tom or by playing trumpets, and/or how the Noise Pollution Regulations and Control Rules are being implemented. Thus, we direct the respondents to file fresh affidavit clarifying all the aspects,” the Court added.

In the interregnum, the Court passed the following order for immediate compliance: -

(i) From 10.00 p.m. to 06.00 a.m., there will be a complete ban on use of loudspeakers, public address systems, sound amplifiers;

(ii) No one shall beat a drum or tomtom or play trumpant or use any sound instruments or use any sound amplifier at night between 10.00 p.m. to 06.00 a.m. except in public emergencies.

(iii) Area within 100 meters radius of any hospitals or nursing homes irrespective of capacity, should be declared as “Silence Zone”;

(iv) The noise level at the boundary of public place, where loudspeakers or public address system or any other systems 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.

(v) The peripheral noise level of privately owned sound systems shall not exceed by more than 5 dB(A) than the ambient air quality standard specified for the area in which it is used, at the boundary of the private place.

(vi) During any festivities, the appropriate authority under the Noise Pollution Control and Regulation Rules, 2000 may relax the period of ban from 10.00 p.m. maximum till 12.00 midnight. No relaxation can be granted beyond 12.00 midnight.

(vii) Deputy Commissioners of each district should immediately notify the officials along with their mobile numbers to whom, any one aggrieved by the noise pollution can raise their grievance. Similarly, mobile numbers of mobile PCR vans. should also be notified and published before whom any aggrieved person may make a complaint against the noise pollutants.

(viii) On receipt of any complaint, the authority will take appropriate steps including immediate seizure of sound amplifiers, loud speakers, public address systems etc and thereafter proceed in accordance with law.

The matter has now been listed on 5th December, 2023

Counsel/s For the Petitioner : Ms. Khushboo Kataruka, Advocate

Counsel/s For the Respondents : Mr. Piyush Chitresh, AC to AG Mr. Rahul Saboo, Advocate

Case Title: Jharkhand Civil Society through its Core Committee Member Atul Gera vs. The State of Jharkhand & Others

Case No.: W.P.(PIL) No. 1997 of 2019

Click Here To Read / Download Order