NEW DELHI: : The Supreme Court has banned the use of loudspeakers and vehicular horns and bursting of crackers between 10 p.m. and 6 a.m. near residential areas.

A Bench of Chief Justice R. C. Lahoti and Justice Ashok Bhan said on Monday: "No one shall beat a drum or tom-tom or blow a trumpet or beat or sound any instrument or use any sound amplifier at night (between 10 p.m. and 6 a.m.), except in public emergencies." Late night marriage processions and political rallies creating noise would not be permitted.

Restricting the use of loudspeakers even during day time, the Chief Justice, writing the judgment, said the decibel level of megaphones or the public address system should not exceed 10dB(A) above the ambient noise standards for the area or 75 dB(A) whichever was lower.

Loud noise at home

Referring to loud music or noise at home, the Bench said: "The noise polluters have no regard for the inconvenience and discomfort of the people in the vicinity. No one can claim a right to create noise even on his own premises, which would travel beyond his precincts and cause nuisance to neighbours and others. Nobody can claim fundamental right to create noise by amplifying the sound of speech with the help of loudspeakers."

The Bench said the States should make provision for seizure and confiscation of loudspeakers, amplifiers and other such equipment that created noise beyond the permissible limits. It asked the authorities to include the evil effects of noise pollution in school curriculum and create awareness.

To control vehicular noise, the Bench said: "No horn should be allowed to be used at night (between 10 p.m. and 6 a.m.) in residential areas, except in exceptional circumstances."

Preventive measures need to be directed more effectively at the source.

Horns, fitted to automobiles, which create sound beyond the permissible limits should not be allowed to be sold.

On the plea of the firecracker manufacturers to relax the timings, the Bench said: "If relaxation is allowed to one, there will be no justification for not permitting relaxation to others, and if we do so, the relaxation will become the rule," it said.

The Bench, however, said firecrackers that emitted colours or lights and produced very little or no sound would be permitted between 10 p.m. and 6 a.m.

Further, noise levels had to be evaluated on the basis of chemical composition of the crackers.

The Department of Explosives would have to undertake the research to specify the proportion as well as the maximum permissible weight of every chemical used in making the firecrackers.

Pointing that countries such as the United States, Australia, Japan and China had passed effective legislation to control noise pollution, the Bench said:

"India is still lagging behind in enacting adequate and scientific legislation. We need to have one simple, but specific and detailed, legislation dealing with several aspects of noise pollution and providing for measures of control therefore."

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