13-14 march 2015
14-march-2015
Mumbai HC directed Maharashtra Government to set up a redressal mechanism against noise pollution
The Mumbai High Court (HC) on 13 March 2015 directed the Maharashtra government to set up a redressal mechanism for complaints filed by citizens against noise pollution levels.
The direction given by the Mumbai HC is the latest in the series of rules and judgments pertaining to noise pollution given by various courts and the Union Government respectively.
It also directed the state government to frame a policy in this regard within two months and submit a compliance report by 6 June 2015. Further it directed the state government to take prompt action before the festivals get over.
The court further said that organizers of the religious festivals do not have the right to take away the fundamental right of citizen to silence and to live in peace and comfort. Right to live peacefully is enshrined in the Article 21 of the Constitution of India.
Coming down heavily on the organizers of religious festivals who are often local politicians, the court expressed disappointment about the apathy of the police and asked the state government to facilitate filing of anonymous complaints too.
The direction was given by the division bench of Justices AS Oka and AS Gadkari while hearing a Public Interest Litigation (PIL) filed by Mahesh Bedekar. In the PIL he argued about the nuisance created by organisers of festivals through the noise pollution.
Noise Pollution in India: Rules and Judgments
The directions given by the Mumbai High Court to the Maharashtra government with respect to controlling of noise pollution on 13 March 2015 is the latest in the series of judgments given by various courts and the rules enacted by the Union Government.
Under Article 21 of the Indian Constitution, the citizens have a right of a decent environment and they have a right to live peacefully, right to sleep at night and to have a right to leisure which are all necessary ingredients of the right to life guaranteed under Article 21 of the Constitution.
Noise Pollution (Regulation and Control) Rules, 2000
Union Government on 14 February 2000 enacted the Noise Pollution (Regulation and Control) Rules, 2000 in exercise of its power conferred under the Environment (Protection) Act, 1986 to control the increasing ambient noise level in public places from various sources.
The Rule 5of the Noise Rules 2000 restricts the use of loud speakers/public address system. The Rule 5 was amended in 2010 to restrict the use of sound producing equipments also. In all these cases a written permission is necessary for using such equipment.
District Magistrate, Police Commissioner and other officer not below the rank of Deputy Superintendent of Police are the implementing authroity under the Noise Rules, 2000.
The State Government has been empowered to grant permission to use loudspeaker on or during any cultural or religious festive occasion of limited duration not exceeding fifteen days in all during the calendar year. But such relaxation is not permissible between 10 PM and 12 midnight.
Supreme Court Judgment 2005
The blatant disregard in the implementation of the Noise Rules 2000 led to deliverance of landmark judgment on noise pollution by the Supreme Court on 18 July 2005.
The Supreme Court bench of Chief Justice of India RC Lahoti and Justice Ashok Bhan in Re: Noise Pollution Û ... vs Unknown case issued sweeping direction on the use of loudspeakers and horns, even noise produced in private residences.
The directions also covered the noise generated from fire crackers, loudspeakers, vehicular noise, etc.
Court also stressed the need for education in this regard in text books.
It banned the use of loudspeakers between 10 pm and 6 am in public places (except in emergencies)
The decibel level of megaphones or public address systems should not exceed 10 dB (A) above the ambient noise standards for the area, or 75 dB (A), whichever is lower.
The court issued sweeping direction with respect to noise pollution under exercise of its powers under Articles 141 and 142 of the Indian Constitution, which rendered them the authority of law of the land till such time as parliament, legislated on the problem.
Other High Courts judgments
Kerala HC held that singing of devotional songs by religious institutions should be inconformity with the rules. Whatever be the justification for playing devolution songs in the early morning and at dusk or at any time it has to be in conformity with the rules that are in force.
Madras HC had the occasion to consider the use of loudspeaker in a temple. HC held that rule of law is more than anything else requires that all laws as enacted by Parliament and State Legislatures be faithfully executed by officials, that orders of Courts be obeyed.
Calcutta HC applied the principle of judicial activism while deciding an issue as to whether the prohibition of manufacturing of noise polluting fireworks is valid. Judicial activism confers power upon the court to be active and not remain inactive for the purpose of protecting rights, duties and obligations of the people.
Noise Pollution (Regulation and Control) (Amendment) Rules, 2010
The Noise Rules, 2000 were amended in 2010 to include the words "fire crackers and sound polluting instruments."
It also defined public places as any place to which the public have access and night time as period between 10 pm to 6 am.
It amended the Rule 5 of the Noise Rules, 2000 to add “and sound producing instruments” after “Public address System” in the headline.
Global CO2 emissions from energy sector stalled for the first time in 40 years in 2014: IEA
International Energy Agency (IEA) released the data on carbon dioxide (CO2) emissions on 13 March 2015. According to it, the global emissions of CO2 from energy sector stalled in the year 2014.
As per the preliminary data released, global emissions of CO2 stood at 32.3 billion tonnes in 2014 which is same as in the year 2013.
Further the data suggests that efforts to mitigate climate change may be having a more pronounced effect on emissions than had previously been thought.
Cause for the halt in CO2 emissions. According to IEA, the cause for the halt of CO2 emissions is the changing patterns of energy consumption in China and Organisation for Economic Cooperation and Development (OECD) countries.
In China, the year 2014 saw greater generation of electricity from renewable sources, such as hydropower, solar and wind, and less burning of coal.
On the other hand, in OECD economies, the year 2014 saw efforts towards promoting sustainable growth through greater energy efficiency and more production of renewable energy.
Decoupling of CO2 emissions and economic growth
This is the first time in 40 years that global CO2 emissions stalled or got reduced despite global economy witnessing an economic growth of 3 percent in 2014. That is, for the first time the CO2 emissions got decoupled with economic growth.
Since the setting up of 29-member IEA in 1973 at Vienna, there have only been three times when the global carbon emissions stalled or reduced compared to the previous year. These were early 1980s, 1992 and 2009 and all these years were associated with global economic weakness.
Significance of this development
According to IEA Chief Economist Fatih Birol, this will help in bringing the nations together in combating the climate change and will provide the much needed momentum to negotiators preparing to forge a global climate deal in Paris in December 2015. (Fatih Birol was recently named to take over from Maria van der Hoeven as the next IEA Executive Director).
Countries of the developing and developed world have to announce by 31 March 2015 their commitment towards cutting the greenhouse gas emissions so as to limit the rise in global temperatures to two degrees Celsius (3.6 degrees Fahrenheit) over pre-Industrial Revolution levels.
The European Union has formally adopted a 40 percent cut in emissions by 2030, while the United States has announced plans to slash 26 to 28 per cent of its emissions in 2025 compared to their level in 2005 and make best efforts to reduce its emissions by 28 percent,
Among the developing world, China intends to achieve the peaking of CO2emissions around 2030 and to make best efforts to peak early and intends to increase the share of non-fossil fuels in primary energy consumption to around 20 percent by 2030.
India, the world's third largest emitter of the greenhouse gases, made a pledge at UN climate talks in Copenhagen in 2009, to cut the intensity of its carbon emissions—reducing the amount of carbon emitted for the same amount of economic output 20 to 25 percent over 2005 levels by 2020.