Community Question Bank

Sound emitting fire crackers cannot be burst in silent zones or during night time. (between 10.00-p.m. and 6.00 a.m). This is noise pollution and it is punishable with jail time up to five years with a fine up to Rs. 1 Lakh or both.

Even at the manufacturing stage, no one can manufacture, sell or use firecrackers which create a lot of noise (noise level exceeding 125 dB(AI) or 145 dB(C)pk at 4 meters distance from the point of bursting). While measurements are being made, the Department of Explosives must make sure that the manufacturer has an export order, the firecrackers are within the noise limits, the firecracker boxes have a different packaging color code an that the firecracker has “not for sale in India” or “only for export in other countries.” Read more about these measurements here.

If the police are unresponsive after you have filed a complaint about noise pollution, you can directly approach your State’s Pollution Control Board.

Every state also has an office known as the State Pollution Control Board (SPCB). Every SPCB has the function of planning a comprehensive programme for the prevention, control and abatement of water as well as noise pollution, conduct and encourage investigations and research relating to differ­ent aspects of water pollution, inspect treatment plants and trade effluents, etc.

You can also approach the SPCB offices to file a complaint. These authorities have the power to issue a written order for preventing, prohibiting, controlling or regulating:

• Any vocal or instrumental music
• Sounds caused by playing, beating, clashing, blowing
• Instruments including loudspeakers, public address systems, horn, construction equipment, appliance or apparatus or contrivance which is capable of producing or reproducing sound
• Sounds caused by bursting of sound’ emitting firecrackers
• Sounds caused from a business operation, or trade, like for example business of creating utensils etc.

The authorities may give an opportunity to the person who made the noise to be heard and then may modify or alter the order.

When you make a complaint about noise pollution with the following authorities, they may pass an order or take action depending on the level of noise.

If you approach the police

The police will take immediate action to stop the noise by suspending the noise-producing instrument and prohibiting the further use of that equipment or instrument. If it is your vehicle that is causing noise, it is a traffic violation and the police may even fine you.

If you approach the Central/State Pollution Control Boards

These authorities have the power to issue a written order for preventing, prohibiting, controlling or regulating:

• Any vocal or instrumental music
• Sounds caused by playing, beating, clashing, blowing
• Instruments including loudspeakers, public address systems, horn, construction equipment, appliance or apparatus or contrivance which is capable of producing or reproducing sound
• sound caused by bursting of sound’ emitting firecrackers
• Sounds caused from a business operation, or trade, like for example business of creating utensils, etc.

If you approach the Court

Filing a Complaint with District Magistrate

The Court may pass the following orders after hearing out the person who caused the noise pollution:

• Temporary order to stop the noise
• Order to remove the noise or regulate it
• Permanent order to prevent the noise pollutant and stop it

Filing a Complaint with NGT

Any person seeking relief and compensation for environmental damage or pollution involving subjects like air pollution, environment pollution, water pollution, etc. can approach the National Green Tribunal (NGT). The NGT is a specialized judicial body where you can go to file environmental cases including noise pollution cases. The decisions of the tribunal are binding and you can appeal within 90 days to the Supreme Court if you are unhappy with its decision.

You can engage a lawyer if you want to approach the Court to file a case or file an appeal from a judgment of a lower court.