INTRODUCTION: –

Friends, as all of you are well aware of the fact that the noise pollution caused by loudspeakers installed at religious places has been a cause of social controversy since many years. Even after the orders of the Honourable Supreme Court and the High Courts of many states, the governments of many states did not follow those orders to control or stop the use of illegal loudspeaker and use of legitimate loudspeaker due to the politics of vote bank and appeasement policy. Even No serious effort was made to control the sound and the result is that today this noise pollution is being protested by the general public by taking to the streets.

Well, let’s try to remove the social controversy from this whole episode and analyse it at the moral and fundamental level and understand why it is necessary to stop or control the use of Loudspeaker.

Let’s see what is loudspeaker?

LOUDSPEAKER: –

As per Britannica :- loudspeaker, also called speaker, in sound reproduction, is a device for converting electrical energy into acoustical signal energy that is radiated into a room or open air. The term signal energy indicates that the electrical energy has a specific form, corresponding, for example, to speech, music, or any other signal in the range of audible frequencies (roughly 20 to 20,000 hertz). The loudspeaker should preserve the essential character of this signal energy in acoustical form.

A single loudspeaker cannot fully reproduce the entire frequency range of recorded sound, so it is customary to divide the frequency spectrum into parts that are reproduced by different kinds of speakers designed for a particular frequency range. The low-frequency speaker is called a woofer, and the high-frequency speaker is called a tweeter.

Let’s see how does this work?

WORKING SYSTEM:- The part of the speaker that converts electrical into mechanical energy is frequently called the motor, or voice coil. The motor vibrates a diaphragm that in turn vibrates the air in immediate contact with it, producing a sound wave corresponding to the pattern of the original speech or music signal. Most frequently the motor consists of a coil of wire moving in a strong magnetic field, but the diaphragm may also be operated by electrostatic forces or by the action of a piezoelectric material.

Now the question is who made it?

INVENTION

As Per Wikipedia:- The dynamic speaker was invented in 1925 by Edward W. Kellogg and Chester W. Rice issued as US Patent 1,707,570. Apr 2, 1929. When the electrical current from an audio signal passes through its voice coil—a coil of wire capable of moving axially in a cylindrical gap containing a concentrated magnetic field produced by a permanent magnet—the coil is forced to move rapidly back and forth due to Faraday’s law of induction; this attaches to a diaphragm or speaker cone (as it is usually conically shaped for sturdiness) in contact with air, thus creating sound waves. In addition to dynamic speakers, several other technologies are possible for creating sound from an electrical signal, a few of which are in commercial use.

POLLUTION: –

According to Britannica:- Pollution, also called environmental pollution, the addition of any substance (solid, liquid, or gas) or any form of energy (such as heat, sound, or radioactivity) to the environment at a rate faster than it can be dispersed, diluted, decomposed, recycled, or stored in some harmless form. The major kinds of pollution, usually classified by environment, are air pollution, water pollution, and land pollution. Modern society is also concerned about specific types of pollutants, such as noise pollution, light pollution, and plastic pollution. Pollution of all kinds can have negative effects on the environment and wildlife and often impacts human health and well-being.

According to Halsbury’s Laws of England, Fourth Edition, Vol. 38, ‘pollution’ means “the direct or indirect discharge by man of substances or energy into the aquatic environment resulting in hazard to human health, harm to living resources and aquatic ecosystems, damage to amenities or interference with other legitimate uses of water.” The above definition relates to pollution of water, and has not covered pollution in general. As regards noise pollution, it simply connotes unwanted sound in the atmosphere. It is unwanted because it lacks the agreeable amicable quality. Noise is, therefore, sound, but it is pollution when the effects of sound become undesirable.

The Encyclopedia Britannica (Vol. 16, 1968, p. 558) has stated:-

“In acoustics noise is defined as any undesired sound. According to this definition, a sound of church bells may be music to others. Usually, noise is a mixture of many tones combined in a non-musical manner.”

The Encyclopedia Americana further states:-

“Noise by definition is unwanted sound. What is pleasant to some ears may be extremely unpleasant to other, depending on a number of psychological factors. The sweetest music, if it disturbs a person who is trying to concentrate or to sleep, is noise to him, just as the sound of a pneumatic riveting hammer is noise to nearly everyone. In other words, any sound may be noise if circumstances cause it to be disturbing.”

Noise:- [i]Noise not only causes irritation or annoyance but it does also constrict the arteries and increase the flow of adrenaline and forces the heart to work faster, thereby accelerating the rate of cardiac ailments, the reason being that continuous noise causes an increase in the cholesterol level resulting in permanent constriction of blood vessels, making one prone to heart attacks and strokes. The health experts are of the opinion that excessive noise can also lead to neurosis and nervous breakdown. There has been a high incidence of emotional disaster among people living near airports, as revealed by study. For children, noise not only causes hearing problems but also other neurological reactions that make the child irritable and hyperactive, and this has been noted for slowing down the process of development of the mental faculties of children. A study conducted by a medical team discovered an increased incidence of birth defect, still births and usually low weight among children born to mothers living near airports.

Noise pollution has, two sources – industrial and non-industrial, but the movement against noise pollution seems to be not that sound in India as in other countries, the reason, according to environmental experts, being that most of the people in India do not consider noise as pollution but as part of routine and modern life. In order to curb noise pollution, it is essential that people realize the dangerous consequences of noise and take some remedial measures.

The causes of noise pollution can also be divided into the categories, namely, natural and man-made. Natural causes of noise pollution are air noise, volcanoes, seas, rivers, exchanging voices of living organs including man and mammals. Some of the chief causes of man-made noise pollution are machine and modern equipment of various types, automobiles, trains, aero planes, religious and social celebrations, construction works, speeches, loudspeakers, resounding buildings and structures, and other things leading to noise pollution.

Noise effects human life in many ways. If affects sleep, hearing, communication, mental and physical health and make men peaceless. It may even lead to the madness of people. However, noises, which are melodious, whether natural or man-made, cannot always be considered as factors leading to pollution.

According to Halsbury’s Laws of England, Fourth Edition, Vol. 38, ‘pollution’ means “the direct or indirect discharge by man of substances or energy into the aquatic environment resulting in hazard to human health, harm to living resources and aquatic ecosystems, damage to amenities or interference with other legitimate uses of water.” The above definition relates to pollution of water, and has not covered pollution in general. As regards noise pollution, it simply connotes unwanted sound in the atmosphere. It is unwanted because it lacks the agreeable amicable quality. Noise is, therefore, sound, but it is pollution when the effects of sound become undesirable.

The Encyclopedia Britannica (Vol. 16, 1968, p. 558) has stated:-

“In acoustics noise is defined as any undesired sound. According to this definition, a sound of church bells may be music to others. Usually, noise is a mixture of many tones combined in a non-musical manner.”

The Encyclopedia Americana further states:-

“Noise by definition is unwanted sound. What is pleasant to some ears may be extremely unpleasant to other, depending on a number of psychological factors. The sweetest music, if it disturbs a person who is trying to concentrate or to sleep, is noise to him, just as the sound of a pneumatic riveting hammer is noise to nearly everyone. In other words, any sound may be noise if circumstances cause it to be disturbing.”

[ii]The Hon’ble Supreme Court in its Judgment, has held that freedom from noise pollution is a part of the right to life under Article 21 of the Constitution. Noise interferes with the fundamental right of the citizens to live in peace and to protect themselves against forced audience. This Court has also held that as between 10 p.m. and 6 a.m. which is the time for the people to sleep and have peace, no noise pollution can be permitted. The appellant also submits that the impugned sub-rule (3) which permits the State Government to relax the applicability of sub-rule (2) and grant exemption therefrom between 10 p.m. and 12 midnight, is violative of Article 21 of the Constitution and runs counter to the law laid down by this Court in Noise Pollution (V), in Re. (supra).

The Honourable Court has also said that “We make it clear at the very outset, as we did in Noise Pollution (V), in Re. (supra) that we are not concerned with any religion or religious practices; we are concerned only with the fundamental right of the citizens and the people to protect themselves against noise pollution and forced audiences. We are inclined to quote the following passage from Times of India (The Speaking Tree) dated 7.10.2005: “Those who favour the use of loudspeakers plead that it is a devotee’s religious duty enjoined by the shastras to make others listen and enjoy the singing of bhajans. Azaan too is necessary to inform others that it is time for namaz, a job assigned to the muezzin of the mosque. Wait a minute. There were no loudspeakers in the old days. When different civilisations developed or adopted different faiths or when holy books were written to guide devotees, they did not mention the use of loudspeakers as being vital to spread religious devotion. So the use of loudspeakers cannot be a must for performing any religious act. Some argue that every religion asks its followers to spread its teachings and the loudspeaker is a modern instrument that helps to do this more effectively. They cannot be more wrong. No religion ever says to force the unwilling to listen to expressions of religious beliefs.

In the Bhagavad Gita, Supreme Lord Krishna says to Arjuna: “This secret gospel of the Gita should never be imparted to a man who lacks penance, nor to him who is wanting in devotion, nor even to him who lends not a willing ear; and in no case to him who finds fault with Me… He who, offering the highest love to Me, preaches the most profound gospel of the Gita among My devotees, shall come to Me alone; there is no doubt about it” (18.67-68). The gospel should be delivered to only those who enjoy listening to it and who have the patience to do so. It shall never be forced upon those who do not want it.

IT is noteworthy to mention here that “The necessary statutory framework to control the misuse of loudspeakers is in place, i.e. Noise Pollution (Regulation And Control) Rules, 2000 framed under the Environment (Protection) Act, 1986 as well as  to a similar effect is the Union Territory of Delhi Loudspeakers (Licensing & Controlling) Regulations, 1980 which provides restrictions on the use of loudspeakers”. Some of the relevant restrictions as stated in the said regulation read as follows:

“3. No person shall use, operate or permit the use or operation of a loudspeakers in any public place or within distance of 200 meters from any public place or in any place of public entertainment, except under and in accordance with the conditions of license granted by the Commissioner of Police, Delhi or by any officer authorised by him in that behalf.

4. No loudspeaker shall be used or operated or permitted to be used or operated from a moving vehicle for any purpose except with the permission of the Commissioner of Police of Delhi, or any other officer so authorised.

5. No loudspeaker shall be installed or operated from a position which overlooks a public road, except with the previous permission of the Commissioner of Police, Delhi or any other officer so authorised.

7. No loudspeaker shall be used or operated or permitted to be used or operated by any person holding license in such manner as to disturb or cause annoyance to any other person residing in or carrying on business in any building or premises adjoining the public place or place of public entertainment.”

Complaints to be made to the authority-

(1) A person may, if the noise level exceeds the ambient noise standards by 10dB()A or more given in the corresponding columns against any area/zone, make a complaint to the authority.

(2) The authority shall act on the complaint and take action against the violation in accordance with the provisions of these rules and any other law in force.

8. Power to prohibit, etc. continuance of music sound or noise-

(1) If the authority is satisfied from the report of an officer-in-charge of a police station or other information received by him 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 in 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-

(a) the incidence or continuance in or upon any premises of-

(i) any vocal or instrumental music,

(ii) sounds caused by playing, beating, clashing, blowing or use in any manner whatsoever of any instrument including loudspeakers, public address systems, appliance or apparatus or contrivance which is capable of producing or reproducing sound, or

(b) the carrying on in or upon, any premises of any trade, avocation or operation or process resulting in or attended with noise.

(2) The authority empowered under sub-rule (1) may, either on its own motion, or on the application of any person aggrieved by an order made under sub-rule (1), either rescind, modify or alter such order:

Provided that before any such application is disposed of, the said authority shall afford to the applicant an opportunity of appearing before it either in person or by a person or representing him and showing cause against the order and shall, if it rejects any such application either wholly or in part, records its reasons for such rejection.”

7. Under Rule 2(C) of the said Rules, District Magistrate and Police Commissioner are a part of the machinery, which is enjoined with the duty of maintaining ambient and quality standard in respect of its use. Said Rule prescribes the “authority” for aforesaid purpose. It was submitted by Mr. Shali, learned counsel for the Government of NCT of Delhi that Delhi Police have issued circulars, published in various newspapers, informing the people that use of loudspeakers and other loud music system is prohibited.

The Honourable Supreme Court has established this fact that [iii]Looking at the diversity of cultures and religions in India, we think that a limited power of exemption from the operation of the Noise Rules granted by the Central Government in exercise of its statutory power cannot be held to be unreasonable. The power to grant exemption is conferred on the State Government. It cannot be further delegated. The power shall be exercised by reference to the State as a unit and not by reference to districts, so as to specify different dates for different districts. It can be reasonably expected that the State Government would exercise the power with due care and caution and in public interest. However, we make it clear that the scope of the exemption cannot be widened either by increasing the number of days or by increasing the duration beyond two hours. If that is attempted to be done, then the said sub-rule (3) conferring power to grant exemption may be liable to be struck down as violative of Articles 14 and 21 of the Constitution. We also make it clear that the State Government should generally specify in advance, the number and particulars of the days on which such exemption will be operative. Such specification would exclude arbitrariness in the exercise of power. The exemption, when granted, shall not apply to silence zone areas. This is only as a clarification as, this even otherwise, is the position of law.

CONCLUSION: –

Friends, pollution is completely harmful to health, whether it is noise pollution, air pollution, land pollution or water pollution. Pollution of any kind cannot be justified under the guise of faith and belief.

It is obvious that if you will do Ajan with loudspeaker five times in 24 hours in a louder than normal state, then people of other religions residing around you will have to face noise pollution, Which would be a violation of the rights given to them by the constitution, which would be illegal.

As far as Noise Pollution is Concerned: –[iv]“There is a great deal of noise pollution in India Cities on account of inadequately silenced vehicle engines and amplified audio-transmissions from restaurants, shops, households, etc., and also the use of amplifiers and loudspeakers for religious functions, social gatherings and other forms of public assembly. Social intercourse and religious discourses are personal matters and should remain so. There should be stringent laws prohibiting and punishing sound amplification which creates a public nuisance, with a total ban on the use of loudspeakers. This, naturally, would not apply to public assembly in exercise of the rights under Article 19 of the Constitution, but this would be subject to regulation so that no public nuisance is created. The harmful effect of noise pollution, especially on the human mind, is no less serious than pollution of the air that we breathe or the water that we drink.”

We should also recall [v]the decision of a Division Bench of the Honourable Bombay High Court in The State of Bombay v. Narasu Appa Mali, , wherein the Court has observed as follows :-

“A sharp distinction must be drawn between religious faith and belief and religious practices. What the State protects is religious faith and belief. If religious practices run counter to public order, morality or health or a policy of social welfare upon which the State has embarked, then the religious practices must give way before the good of the people of the State as a whole.”

Thank you.

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[i] Free Legal Aid Cell Shri Sugan … vs Govt. Of Nct Of Delhi And Others on 23 July, 2001, AIR 2001 Delhi 455, 93 (2001) DLT 28, 2001 (60) DRJ 297;

[ii] Judgement dated July 18, 2005 Noise Pollution (V), in Re., (2005) 5 SCC 733.

[iii] Appeal (civil) 3735 of 2005 PETITIONER: Forum, Prevention of Envn. & Sound Pollution RESPONDENT: Union of India & Anr. DATE OF JUDGMENT: 28/10/2005

[iv] Yashwant Trimbak Oke And Ors. vs State Of Maharashtra And Ors. on 1 January, 1995(Bombay High Court)

[v] The State Of Bombay vs Narasu Appa Mali on 24 July, 1951, AIR 1952 Bom 84, (1951) 53 BOMLR 779, ILR 1951 Bom 775