The Noise Pollution (Regulation and Control) Rules are usually relaxed during festivals, but only for the deadline and not the decibel levels.
Despite being prohibited from bursting crackers and playing loud music within 100-m radius of silence zones, which include courts, hospitals and educational institutes, citizens continue to violate the norms, especially during Diwali.
Does this mean the rules will be adhered to only if offenders are sent to jail?
But, Sumaira Abdulali, a member of Awaaz Foundation, an NGO which has been advocating for environmental causes, feels sending violators to jail would be too harsh.
“Instead the police should act beforehand. When they know where noisy firecrackers would be burst, they should confiscate them in advance. Why allow them to be used?” said Abdulali.
The Noise Pollution (Regulation and Control) Rules, which were framed under the Environment Protection (EP) Act, provide for a maximum of 50 decibel level during the day and not more than 40 decibels at night after 10.
A little-known provision in the EP Act provides for a fine of up to Rs 1 lakh or a jail term of up to five years for contravention the provisions of the Act. And if the violation continues for over a year, the offender can invite up to seven years in jail.
But the police find it difficult to implement the law, said Sandeep Aole, advocate for Wecom Trust.
Based on the public interest litigation filed by this trust, the high court had directed the municipal corporation to initiate steps to declare Shivaji Park a silence zone.
“Loudspeakers are not allowed in silence zones, but during festivals, music is played on loudspeakers and sound amplifiers. How will one maintain the 50 decibel level while using the loudspeaker?” asked Aole.
The noise pollution rules need to re-worked so that they can be implemented in open areas such as Shivaji Park, he suggested.
A survey conducted by the Maharashtra Pollution Control Board (MPCB) and Awaaz Foundation last Diwali had found that noise levels created by rassi bombs measured up to 145 decibels.
Moreover, the noise levels in silence zones were as high as 105 decibels.
Noise level near Lilavati Hospital at Bandra was 105 dB, whereas readings at Shivaji Park and Siddhivinayak Temple were 95 dB and 89 dB respectively. At Carter Road at Bandra, the decibel level was as high as 130.
Sanjay Bhuskute, public relations officer with the MPCB, said that they have little power to take action against offenders.
“But, for the last two years, we have started testing the crackers before Diwali and inform the directorate of explosives about the ones that violate noise norms. They then decide on taking action or imposing the ban on those crackers,” he added.
