This article is dedicated to the memory of Shri Madhu Dandavate.

NOISE - Man’s Hidden Enemy!

Ever felt like murdering your neighbor for blasting music too loud? That is exactly what 78-year-old Lykouresis did in Greece on 31st may 1996. He claimed he had complained to his neighbor for months and only wanted to listen to evening news in peace. He is now locked up in high security prison. This is an extreme example of the lengths to which some people will go for a little peace and quiet. It is a sad testimony to the devastating effects of one of the world’s most pervasive yet least publicized environmental problem “Noise Pollution”, the presence of intrusive and unwanted sounds. Prolonged exposure to high decibel noise not only disturbs your physical health but shatters your mental peace as well.

As a student in school in 1940s, I recollect, day-to-day noise was due to electric trams run in Bombay. Apart from this, generally city life was free of noise. As a medical student in mid1950s, I recollect, use of loudspeakers for whole day on Sundays in Parel, Lalbaug areas where mill workers were residing. Loudspeaker had become integral part of private ceremonies like ‘Satyanarayan - Pooja’, naming ceremony etc. This unnecessary and avoidable expenditure was forced on poor workers as a newly developed ‘prestige’ point. I worked in various hospitals in England from 1961 to 1966 and completed my postgraduate studies. On return to India I felt distinctly uncomfortable at times because of generally noisy environment. I remember suggesting my niece to speak in a little softer voice.

In 1979, seminar was held on ‘Noise Pollution’ in Santacruz Rotary Club where Dr. P.P Karnik, Prof. of E.N.T. at K. E. M. Hospital, spoke about deafness caused by noise. Along with this report, there was a box item in Times of India saying Dr. Ising of Germany had reported that the noise pollution causes high blood pressure. I got curious and wrote to Dr. Ising who sent me number of research papers to be presented in the first world conference on noise pollution. I was astonished to learn that noise leads to serious ill effects in addition to loss of hearing. I studied the subject in more details.

First Jolt

In 1979 July, a huge industrial shed was constructed opposite our housing society. Brother-in-law of an influential municipal corporator wanted to start a new factory, needless to say, with the connivance of the Municipal Commissioner. Jayvijay society filed a suit in the city civil court against Asher mills and B.M.C. as society was concerned about the noise pollution and other hazards likely to be caused by the new factory. I argued that the noise pollution would cause high blood pressure and secondary ill effects on the heart, brain, kidneys and the eyes of the society   residents, endangering their lives. The opponents had no answer to this point .The shed was demolished in 1986 as no new factory was permissible in the residential zone.

In mid 1970s, Maharashtra Government permitted use of loudspeakers atop religious places, which kept on blaring, disturbing the whole neighborhood day and night. The Government never felt the need to consult people residing in the surrounding area before granting such permissions [influence of petrodollars].

In early 1980s, Navaratri became commercial under the guise of so called ‘Disco Dandiya’ in Sion and Vile-Parle in Mumbai. It was a huge money spinning operation. The youth were thrilled. They created their own world of happiness and joy for ten nights of Navaratri  [not realizing that the surrounding world had ten sleepless nights.]  This happened in spite of the fact that the Municipal Commissioner had assured Vile-Parle residents that no dandiya would be permitted on municipal playground. Chief Minister of Maharashtra and the Commissioner of Police, Mumbai were the chief guests at these celebrations. Nithin Belle published the report along with the photographs in Indian Express. He raised the query whether residents would suffer silently or would raise their voice?

 Having realized gravity of the situation, I decided to use my medical knowledge to protect people from the ill effects of noise. Along with the doctor and lawyer friends, we formed ‘Anti Noise Pollution Committee’, Mumbai. The aim was, noise should be controlled during the day and eliminated as far as possible during the night”. We wrote articles in newspapers explaining ill effects of noise to the people and inquired if they had any complaints in that regard? To our surprise, we received over 700 letters from all over Maharashtra, some from Gujarat and the South. People complained bitterly about noise created due to traffic, loudspeakers, crackers and noisy street processions.

Majority preferred to suffer in silence, as there was no point in complaining to the police who refused to act and secondly why create unnecessary enmity with the neighbors? That was their explanation. We approached the authorities with 10 major complaints for their redressal in 3 month’s period. Under Bombay police act 1951, the Commissioner of Police had the authority to take action.

In 1972, Indira Gandhi, as prime minister, represented India at the first world conference on environment in Stockholm. The conference deliberated in detail about “protection of environment”. United nations appointed expert committees to study various pollutions. Experts from 25 countries presented the report on noise pollution and tabulated the decibel levels to protect people from ill effects of noise.

SUMMARY OF RECOMMENDED NOISE- EXPOSURE LIMITS – W.H.O. 1980

SOCLEEN [Society for Clean Environment] in Mumbai had studied the decibel levels in various festivals for few years. The study indicated rise of decibel levels in residential areas during festivals from 50-60 db to 90-100db and due to crackers in Diwali up to 115-120db. These levels were highly detrimental to peoples’ physical and mental well being. Hence we, along with Association of Medical Consultants, Mumbai, filed first writ petition [P I L] in Bombay high court in 1985 against Maharashtra Government, B M C and Bombay police to protect peoples’ health from the noise pollution. High court appointed 8 members’ committee to study the noise pollution in Mumbai and suggest remedial measures.

Desai Committee Report

The committee has devoted one chapter to describe harmful effects of noise. It has taken into account work done by doctors and scientists all over the world.

Some of the recommendations are as follows:

1. Use of loudspeakers should not be disturbing the neighborhood.
2.  The loudspeakers fitted on the buildings and religious places should be inside only and for the benefit of crowd gathered inside.
3. Noisy horns should be banned.
4. Areas of 100 meters around Hospitals, Educational Institutes and Courts should be declared as silence zones,
5.  To prohibit use of horns, crackers and loudspeakers in silence zones.
6. Noisy crackers should be banned.

Maharashtra Government and the police did not take any appreciable action after these recommendations.

Environment Protection Act 1986

The ‘noise’ was notified as a pollutant under this act, one significant effect of our 1985 writ petition. For violation of act, penalty was very heavy – fine up to Rs. 100,000 or imprisonment upto 5 years or both.

Though noise was included as a pollutant, rules on noise were not formulated. I brought this to the notice of Shri Madhu Dandavate, Member of Parliament, who persuaded the matter with the Environment Ministry and the rules were formulated in 1989. These rules were nothing but the WHO 1980 table, which we had used as the basis of our 1985 writ petition.

In 1994, Bombay high court disposed off our writ petition of 1985,directing the government to formulate new rules on loudspeaker use. Surprisingly Government extended the time for loudspeaker use from 11 p.m. to 11-30 p.m. and gave discretionary powers to the Commissioner of Police to extend time beyond 11-30 p.m. This was not in conformity with the E.P. Act 1986 and the Noise rules 1989. Hence We, along with the a Association of Medical Consultants, Mumbai, and B E A G filed second writ petition [P I L] against Maharashtra Government in 1995.High Court gave several directions, which were again ignored to a large extent by the Government of Maharashtra.

Harmful Effects Of Noise

1. Rupture of the eardrum.
2. Deafness.
3. Cardiac and Cardiovascular changes.
4. Stress and fatigue.
5. Sleep disturbance and headache.
6. Insomnia and other adverse effects.
7. Lack of concentration.
8. Raised reaction time.
9. Effect of noise pollution during pregnancy on progeny.
10. Disturbance in children’s studies.

Who are affected by noise pollution?

Everyone is affected by noise pollution, but some are more sensitive to noise

1. Adults above age of 40.
2. Patients
3. Babies and children up to age of 6.
4. Pregnant women.
5. Students.
6. Industrial workers

Noise Pollution (Regulation and Control) Rules 2000

High decibel levels in public places were found to be harmful to the physical and mental well being of people hence Central Environment Ministry formulated above rules on 24th February 2000. Suggestions and objections were invited from the people 6 months prior to this. Industrial and construction works, loudspeakers, public address systems, generators, horns, music systems and mechanical appliances were some of the major sources of noise.

Ambient Air Quality standards in respect of noise.

Note:

1. Day time shall mean from 6.00 am to 10.00 pm.
2. Night time shall mean from 10.00 pm to 6.00 am.
3. Silence zone is defined as an area comprising not less than 100 meters around hospitals, educational institutions, religious places and courts. The silence zones are zones, which are declared as such by the competent authority.

‘Church of God’ in Chennai started using band and loudspeakers during the prayers, which was disturbing the neighborhood. Majestic colony residents filed the writ in Chennai High Court. The dispute ultimately came up before Supreme Court bench of Justice M. B. Shah [former C.J. of Bombay High Court] and Justice S. R. Phukan.

The court commented as follows:

“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 neighborhood 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 their being any unnecessary disturbance by the neighbors. 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 up to 6 years of age are considered to be very sensitive to noise. Their rights are also required to be honored.”

“Further, it is to be stated that because of urbanization or industrialization the noise pollution may in some area of a city/town might be exceeding permissible limits prescribed under the rules, but that would not be a ground for permitting others to increase the same by beating of drums of by use of voice amplifiers, loudspeakers or by such other musical instruments and, therefore, rules prescribing reasonable restrictions including the rules for the use of loudspeakers and voice amplifiers framed under the Madras Town Nuisance Act, 1889 and also the Noise Pollution (Regulation and Control) Rules, 2000 are required to be enforced. We would mention that even though the Rules are unambiguous, there is lack of awareness among the citizens as well as the Implementation Authorities about the Rules or its duty to implement the same. Noise polluting activities which are rampant and yet for one reason or the other, the aforesaid Rules or the rules framed under various State Police Acts are not enforced. Hence, the High Court has rightly directed implementation of the same.”

We realized that in spite of Supreme Court judgment as above, the Police Commissioners of Mumbai and Pune were not implementing Noise Rules, 2000. We issued legal notice to them through our lawyers, following which the loudspeakers were banned from 10 p.m. to 6 a.m. in 2001 and 2002 in Mumbai and Pune. This affected the several hundred crore commercial disco dandiya very adversely. Central Environment Ministry at the instance of politicians hurriedly slipped in an amended rule on 11th October 2002 without giving any notice to the public.

Amended Noise Rule, 11th October 2002

"(3) Not withstanding any thing contained in sub-rule (2). the State Government may subject to such terms and conditions as are necessary to reduce noise pollution permit use of loud speakers or public address systems 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 fifteen days in all during a calendar year."

The rule permitted loudspeaker relaxation from 10 p.m. to 12 midnight for 15 designated days per calendar year for religious and cultural events. The rule did not relax decibel levels after 10pm [permissible decibels 45 db.] For reducing the noise pollution, the loudspeaker relaxation was permitted? We recorded decibel levels of 75 db to 105 db between 10 p.m. and 12 midnight during dandiya in Mumbai on 11th,12th and 13th oct. nights. As can be seen, what could be more foolish to formulate the rule which is against the basic act and other rules in both letter and the spirit and the supreme court judgment of 30th August 2000? We, along with Association of Medical Consultants, B E A G and Sumaira Abdulali, filed third writ petition [ P I L ] in Bombay high court on 27th august, 2003 challenging the amended rule, against Central and Maharashtra Governments. High court directed the opponents to file their replies in 8 weeks which they have not done till today.

Worldwide Experience

Every year the complaints against noise are on the increase in U. K., U.S.A., Japan, Europe and Australia etc. majority of the complaints are against the traffic noise – air, rail and road but significant number is against the noisy neighbors, barking dogs etc. Penalties for violation of noise rules are very heavy. In all the countries there is ban on noisy activities from 10 p.m. to 6 a.m.

Following are some of the noise-laws:

Noise Pollution Reduces Efficiency and Productivity

Recently I visited a bank in Andheri [East]. The bank is comfortably air-conditioned and quiet. A client started shouting at the bank staff at the top of the voice. There was no security guard and no one intervened. It distracted everyone for about 5 minutes. An advocate in small causes court at dhobi talao was arguing in horribly shattering voice [he said 'his normal voice'] distracting everyone even in neighboring courts.

If we gather decibel levels in various public work places like offices, banks, post offices etc, we will not be surprised to find how our efficiency and productivity is adversely affected due to high decibels in these places!

Avoidable and Unavoidable Noise

Traffic noise:

Controllable but not totally avoidable. Lot of research and money has been poured in reducing the air, rail and road vehicle noise.

Social or leisure noise:

Controllable and many times partially or totally avoidable. e.g. loudspeakers, crackers noisy street processions.

Conclusion

Indian culture is essentially very noisy. There is no parallel in the world to the noise pollution generated during festivals and religious celebrations in India. Another point is uncivilized social environment in which our children are brought up. We spit and put red spray after chewing paan and tobacco anywhere on road. We urinate and at times even defecate in public places at our convenience. [We never thought it necessary to build enough public toilets]. The worst part is, we don’t feel much ashamed of our behaviour. Perpetrators of noise always feel that the people around should bear with them, though inconvinienced!  Such is our selfish thinking.

“Noise Pollution is injurious to health “ is a comparatively new concept over past 30 to 40 years. In India, we must accept this concept in the larger interest of preserving public health. We must put sensible restrictions on our festivals and religious celebrations. Unfortunately, politicians, commercially minded people and people with false notions about religion are not prepared to accept this change, largely because of their ‘votes and notes’ politics.

“Health is not only free from disease but also is a state of physical and mental well being “, such is the W H O definition of health. Under article 21, it is the right of the people to live in health and peace while culprits do not have any right  “ to make noise “ under Indian constitution. It is their arrogant, high handed and selfish behaviour.

Society must realize that ‘Noise’ is man’s hidden enemy!

Dr.Y.T.Oke

M.B.B.S. [Bombay], D.C.H. [London], M.R.C.P. [Glasgow, U.K.]

Fellow of the Royal College of Physicians, Glasgow, U.K.

Secretary, Anti Noise Pollution Committee, Mumbai.