What Uttar Pradesh invoked in loudspeaker crackdown: 2017 HC order, 2018 Govt directives

Notices served on alleged violators by local police stations have quoted directions issued by the Lucknow Bench of Allahabad High Court on December 20, 2017, and cited “The Noise Pollution Rules, 2000”.

The notices also advise recipients on how to estimate decibel levels without using technology — for example, 50dB is like the “sound inside the library”; “conversation among two to three people” is 60dB; and the sounds of lightning, underground Metro train, and a busy traffic crossing with no vehicle horns are 120dB, 100dB, and 70dB respectively.

Orders of 2022, 2018

On April 23 this year, the UP government directed all divisional commissioners and police commissioners, district magistrates and superintendents of police to “strictly” ensure that the order passed by the Lucknow Bench of the High Court in Moti Lal Yadav vs State of Uttar Pradesh on December 20, 2017 with regard to The Noise Pollution Rules, 2000, are implemented.

The April 23 order said that two earlier orders passed by the government in 2018 were not being followed, and the situation needed to be rectified. Those earlier orders had been passed on January 4, 2018 and March 10, 2018 to ensure implementation of The Noise Pollution (Regulation and Control) Rules, 2000, but it had come to knowledge that many “religious institutions are violating the standard decibel norms and are using loudspeakers in large numbers”, last week’s order said.

The order said that the 2000 Rules define “Ambient Air Quality Standards in Respect of Noise”, i.e., Industrial, Commercial, Residential, and Silence Zones, and asked officials to demarcate these areas and to ensure that the correct norms were followed.

The order asked officials to remove “illegal loudspeakers” after dialogue and coordination with religious leaders, and to ensure that decibel levels are kept within laid down limits. Each police station has been asked to prepare a list of religious institutions using loudspeakers under their jurisdiction, and to report the action taken by April 30.

The April 23 order said that two earlier orders passed by the government in 2018 were not being followed, and the situation needed to be rectified.

2017 High Court order

While several orders have been passed by courts on noise pollution, the government has referred to the 2017 order passed by a two-judge Bench of Justices Vikram Nath and Abdul Moin in the case of Moti Lal Yadav.

The petitioner had prayed in a PIL for “a writ, order or direction” to remove “all the loudspeakers/public address systems from the temples, mosques, church, gurudwaras for preventing noise pollution among human beings”, and to “ensure the implementation and enforcement of Rule ‘The Noise pollution (Regulation and Control’, 2000,” in Uttar Pradesh.

The court observed that “repeated filing of public interest litigations by the citizens indicates that the 2000 Rules are being flouted with impunity and the authorities who are put in charge of ensuring that the 2000 Rules are not violated either have no will to enforce the same or as there is no accountability fixed on the authorities”.

“Both the things are serious enough for this Court to intervene in the matter,” it said.

The court directed the principal secretary, Home, and chairman of the UP Pollution Board to file separate affidavits on the steps taken to ensure enforceability of the 2000 Rules, and whether loudspeakers were installed at places of worship after obtaining the requisite permissions — and if not, what action had been taken to remove them.

Also, the court said, “if the said loudspeakers or public address systems were allowed to come up over the temples, mosques, gurudwaras and other public places without any written permission from the authority, then what action has been taken against such officials who were required to ensure that no such loudspeakers or public address system shall be used except after obtaining written permission from the authority”.

The court sought details of “how many loudspeakers and public address systems have been dismantled and removed from temples, mosques, gurudwaras and other buildings which are being used without written permission; what action has been initiated against the processions which are taken out day and night with loud music including marriage processions, and whether a suitable enforcement machinery by means of an identified website has been set up or is in the process of being set up.”

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