The state government will not be able to go ahead with its proposal to relax silence zone regulations imposed around educational institutions, anti-noise campaigners said. They added that orders by Bombay high court and Supreme Court, which laid down the definition of silence zones, were passed before the state government passed resolutions demarcating silence zones.
On Monday, Mumbai’s guardian minister Jayant Patil had said the government was considering relaxing silence zone restrictions around schools and colleges after working hours. This was because of demands made by Ganesh mandals. Patil had also indicated that if the rules are relaxed for the Ganesh festival, they will be applicable throughout the year.
But, Sumaira Abdulali, convenor of Awaaz Foundation, who has written to home minister RR Patil, has drawn attention to the December 19, 2003, order of the Bombay high court passed in a review petition filed by the state government.
“The order laid down the definition of a silence zone and relaxation near educational institutions after school hours was denied,” said Abdulali.
Also, the strict application of silence zones was upheld by the Supreme Court in a October 2005 order, which said that exemptions to noise rules will not apply in a silence zone. Another order passed by the apex court in a writ petition confirmed the earlier order.
“The court orders were passed before the state government’s notification in 2009 demarcating silence zones, and are based on the noise rules of the Union government. Therefore, amending of state government silence zone notifications would not affect the operation of the Noise Pollution Rules,” said Abdulali, who suggested that community celebrations could be held in areas demarcated for that purpose.
Apart from the legal hassles, the central government has clarified that relaxation is not possible in silence zones.
