NAVIGATING NOISE POLLUTION LAWS DURING DIWALI FESTIVITIES

INTRODUCTION

Diwali, the radiant Hindu festival of lights, observed across India, signifies the victory of light over darkness, good over evil, and knowledge over ignorance. Often marked by festivities, food, parties, and vibrant lights, Diwali holds cultural significance. The festival spans up to five days, including Dhanteras, Choti Diwali/Naraka Chaturdashi, Lakshmi Puja, Padwa/Govardhan Puja, and Bhai Dooj. Among these, Lakshmi Puja is observed with particular reverence. In 2013, Diwali falls between November 2nd and 4th, with November 3, 2013, marked as “Deepavali day”.While Diwali originally symbolized the spreading of light and happiness, contemporary celebrations often revolve around the spectacular display of fireworks. For many, Diwali has become synonymous with a night filled with the excitement of crackers, noise, and smoke, as brighter sparkles and louder noises bring greater thrill. Firecrackers are traditionally believed to drive away evil spirits. However, this modern interpretation of Diwali raises concerns about its environmental impact. The burning of firecrackers contributes significantly to pollution, with noise and air pollution posing serious health hazards. The loud noises trigger annoyance, aggression, hypertension, stress, hearing loss, and sleep disturbance. Moreover, the chemicals released during fireworks, including lead, barium, chromium, carbon monoxide, and nitrogen and sulfur oxides, have harmful effects on humans, animals, and the overall environment. To address these issues, the Central Pollution Control Board (CPCB) has been actively creating awareness about the high noise levels generated by firecrackers and their adverse health impacts. The board has established noise standards for firecrackers under the Environmental (Protection) Act, prohibiting the manufacture, sale, or use of firecrackers exceeding specified noise levels. Additionally, firecrackers are prohibited in silence zones, as defined by the Ministry of Environment and Forests. Recognizing the fundamental right to sleep, the government of India has imposed a ban on firecrackers between 10 pm and 6 am on Diwali. The CPCB monitors air and noise pollution levels on both the pre-Diwali day and Diwali day to assess the impact of firecracker bursting, emphasizing the need for a balance between traditional celebrations and environmental responsibility.

Objectives:

1. Check how much noise and air pollution happens when firecrackers are burst and there’s a lot of traffic.
2. Work to keep the environment clean and healthy.
3. Give information to people who make rules and plans so they can make things better.
4. Tell people about the problems caused by firecrackers and pollution.
5. Teach people about the laws that help protect the environment and health.
6. Look at how pollution during Deepavali has changed over the years.

MEANING OF NOISE POLLUTION

Section 2(a) of the Air (Prevention and Control of Pollution) Act, 1981 states that the pollution by the noise a kind of air pollutant.

UNDERSTANDING NOISE POLLUTION: SOURCES AND IMPACT-

MEASUREMENT OF NOISE: The unit for measuring noise is the decibel (dB). To grasp this scale, consider that a whisper falls between 20 to 25 dB, noise in a quiet home is around 30 dB, a normal conversation is 60 dB, and discomfort begins at 80 dB.

SOURCES OF NOISE POLLUTION-

1. Traffic Noise: With India being highly populated and many owning vehicles, the noise from cars and bikes contributes significantly. A regular car releases about 85 dB, while a bike emits around 90 dB Excessive honking further adds to the problem.
2. Commercial and Industrial Activities: The growth of industries, both large and small, due to globalization and modernization, brings about noise pollution. Heavy machinery used in these industries generates significant noise.
3. Social Gatherings and Events: Parties, religious ceremonies, and clubs fall under this category, creating considerable noise pollution during such events.
4. Household Noise: Everyday activities such as pet dogs barking, playing loud music, using kitchen appliances, and more contribute to noise pollution in the environment.

LEGAL FRAMEWORK FOR NOISE POLLUTION IN INDIA-

CONSTITUTIONAL PROVISIONS:

Article 21 of the Indian Constitution guarantees the right to life with dignity, which includes the right to a serene and comfortable existence. Any disturbance caused by noise pollution that disrupts an individual’s peace and comfort constitutes an infringement on this fundamental right.

CODE OF CRIMINAL PROCEDURE:

Section 133 of the Code of Criminal Procedure empowers authorities to address nuisances causing public disturbances, including those related to noise. If not addressed by executive magistrates, district magistrates, or sub-divisional magistrates, this can be questioned in a Civil Court.

INDIAN PENAL CODE:

Sections 268, 287, 288, 290, 291, and 294 of the Indian Penal Code address noise pollution. Section 268 covers public nuisance, including acts causing general obstruction or irritation. Section 287 penalizes irresponsible machinery use, with Section 288 addressing negligent harm during construction. Sections 290, 291, and 294 cover various forms of public nuisance, with penalties ranging from fines to imprisonment.

LAW OF TORTS:

Noise pollution is considered a nuisance under the law of torts. Individuals experiencing problems due to noise pollution have the option to file civil suits seeking damages, provided they can demonstrate interference with land use.

Motor Vehicle Act:

The Motor Vehicle Act regulates horn use, prohibiting excessively loud horns that cause a nuisance.

Noise Pollution Control Rule, 2000:

Amended under The Environment Protection Act, 1996, this rule categorizes territories and sets noise standards for industrial, commercial, residential areas, and silence zones. It restricts loudspeaker use during specific hours, with violators subject to punishment and fines. The rule applies nationwide, ensuring standardized noise levels across different regions.

CONCLUSION

In summary, the colorful celebrations of Diwali have changed, fusing enthusiasm for culture with environmental awareness. Tradition and responsibility must be carefully balanced throughout the event due to the spike in air pollution and noise from firecrackers. India’s legal system, which includes environmental restrictions, criminal proceedings, and constitutional protections, aims to lessen the negative impacts of noise pollution. But promoting a healthier and cleaner Diwali necessitates everyone following these rules and celebrating in a way that honors the environment’s health as well as cultural legacy. Achieving this equilibrium protects the basic right to a quiet living while preserving the spirit of Diwali.