Calcutta High Court
Akshya Kumar Sarangi vs The State Of West Begal And on 7 August, 2023
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IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
WPO(P)/5/2022
AKSHYA KUMAR SARANGI
-Versus-
THE STATE OF WEST BEGAL AND
ORS.
BEFORE :
THE HON'BLE CHIEF JUSTICE T.S. SIVAGNANAM
And
THE HON'BLE JUSTICE HIRANMAY BHATTACHARYYA
Date : 7th August, 2023
Appearance :
Mr.Srikanta Dutta, Adv.
..for the petitioner.
Mr.N.C. Bihani, Adv.
Mr.Soumya Mukherjee, Adv.
..for the WBPCB
The Court : By this public interest litigation the
petitioner has highlighted an important issue which requires
immediate attention of the governmental authorities so that
the menace created on account of the noise pollution is
mitigated and controlled. The Hon'ble Supreme Court in the
case of Forum, Prevention of Envn. & Sound Vs. Union of India
& Anr., in Appeal (Civil) No.3735 of 2005 dated 28th October,
2005 had pointed out that no religion ever says to force the
unwilling to listen to expressions of religious beliefs. At
this juncture, it will be beneficial to quote the observations
of the Hon'ble Supreme Court :
2
"In the Bhagavad Gita, Krishna says to Arjuna: "This
secret gospel of the Gita should never be imparted to a
man who lacks penance, nor to him who is wanting in
devotion, nor even to him who lends not a willing ear; and
in no case to him who finds fault with Mr....He who,
offering the highest love to Me, preaches the most
profound gospel of the Gita among My devotees, shall come
to Me alone; there is no doubt about it"(18.67-68).
The gospel should be delivered to only those who enjoy
listening to it and who have the patience to do so. It
shall never be forced upon those who do not want it. The
holy Qurán says, "Lakum Deenokum Walia Deen" your religion
and belief is for you and my religion and belief is for
me. Each stay happy with her own religion and belief. It
never says, make others listen to the gospel of your faith
by using loudspeakers.
A similar instance is found in Biblical literature. The
Gospel according to Saint Luke says;
"When Jesus had called the Twelve together, he gave them
power and authority to drive our all demons and to cure
diseases, and he sent them out to preach the kingdom of
God and to heal the sick.
He told them: "Take nothing for the journey no staff, no
bag, no bread, no money, no extra tunic. Whatever house
you enter, stay there until you leave the town. If people
do not welcome you, shake the dust of your feet when you
leave their town, as a testimony against them'. So they
set out and went from village to village, preaching the
gospel and healing people everywhere"(9.1-10).
The earlier Supreme Court judgment banning the un-
solicited use of loudspeakers at inconvenient times is in
conformity with religious tenets".
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In Re : Noise Pollution Vs. Unknown reported in AIR
2005 SC 3136 the Hon'ble Supreme Court has specifically dealt
with the use of loud speakers and held as follows :
"II. Loudspeakers
1.
The noise level at the boundary of the public
place, where loudspeaker or public address system
or any other noise source is being used shall not
exceed 10dB(A) above the ambient noise standards
for the area or 75 dB(A) whichever is lower.
2. 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 10.00 p.m. and
6.a.m.) except in public emergencies. 3. The
peripheral noise level of privately owned sound
system shall not exceed by more than 5 dB(A) than
the ambient air quality standard specified for the
area in which it is used, at the boundary of the
private place.
The Hon'ble Supreme Court in the aforementioned
decision has emphasised the need for creating general
awareness towards the hazardous effect of noise pollution. It
was suggested that suitable chapters may be added in the text-
books which teach civic sense to the children and youth at the
initial/early level of education. Special talks and lectures
be organised in the schools to highlight the menace of noise
pollution and the role of the children and younger generation
in preventing it. Police and civil administration should be
trained to understand the various methods to curb the problem
and also the laws on the subject. Further, it was observed
that the State must play an active role in this process.
Residents Welfare Associations, Service Clubs and Societies
engaged in preventing noise pollution as a part of their
projects need to be encouraged and actively involved by the
local administration. Special public awareness campaigns in
anticipation of festivals, events and ceremonial occasions
whereat firecrackers are likely to be used, need to be carried
out. There are several such orders passed by the Hon'ble
Supreme Court as to what are the ways and means to be adopted
by the State to curb the menace of noise pollution. Very
recently this Court had an occasion to consider a public
interest litigation in the case of Miss Shagufta Sulaiman Vs.
State of West Bengal & Ors., in WPA(P)/369/2022 dated 27th
July, 2023 wherein the Court after taking note of the decision
of the Hon'ble Supreme Court had issued certain directions
prohibiting unabated bit of drums in residential area during a
festival. The operative portion of the judgment reads as
follows :
"The West Bengal Pollution Control Board is directed
to immediately issue a public notice giving wide
publicity that the noise level cannot exceed the
permissible decibel, as laid down under the relevant
rules and notifications and also make it clear that
any violation thereof would invite penal action under
the provisions of the pollution control laws.
The above directions shall be complied with
effectively its letter and spirit without any
deviation.
With the above observations/directions, the writ
petition stands disposed of."
Bearing all the above in mind, it is appropriate for
the State of West Bengal to formulate a standard operating
procedure so that the same can be known to the general public
and to strictly implement the same much prior to festival
seasons and other celebrations either celebrated publicly or
privately confined to a group of individuals or families etc.
These observations shall be taken note of and necessary orders
be passed by the State Government in this regard.
With the above observations and directions, the writ
petition stands disposed of.
(T.S. SIVAGNANAM)
CHIEF JUSTICE
(HIRANMAY BHATTACHARYYA, J.)
S.Das/
