Calcutta High Court on Thursday directed police and the state pollution control board to ensure that there was no sound pollution during religious processions and issue a public notice regulating the time when drums can be beaten.
The court said a standard operating procedure be drawn up “before any other religious festival or meetings or rallies are conducted, where DJ music is being played and beating of drums and other musical instruments are being used”.
The order was issued on a complaint filed by a Kolkatan who is a resident of Park Street and had complained of noise pollution by the “beating of drums throughout the day and night” on the occasion of Muharram.
The order, issued by the bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya, quoted a Supreme Court judgment that took note of the provisions of the Environment (Protection) Act, 1986, and the rules framed for the permissible noise levels in residential, commercial and industrial areas and silence zones.
The court directed the state and the police to issue a public notice regulating the timing for the beating of drums and, if feasible, identify groups that will be permitted to the beating of drums by maintaining the permissible noise level.
“Therefore, the respondent nos.1 to 3 (state of Bengal, the state pollution control board and Park Street police station)... if feasible, can also identify the groups, which can be permitted to carry on beating of drums by maintaining the permissible noise level.... There will be a direction to the respondent/police to immediately issue public notice regulating the timing for beating of drums,” the order says.
“We have observed that the respondents shall do so, if feasible, bearing in mind that the mourning ritual is to be performed on 29th July, 2023, and within the short time, it may not be feasible for the authorities to invite applications and grant permission,” the order.
After this, the court mooted the standard operating procedure.
The state pollution control board was asked to 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 court said. The order quoted the provisions of the Noise Pollution (Regulation & Control) Rules, 2000, and the orders issued by the National Green Tribunal from time to time: “Loudspeakers/Sound producing instruments are not used at night time (10pm to 6am) except in closed premises for communication within, like auditorium, conference rooms, community halls, banquet halls or during a public emergency; Sound limiters are mandatorily used with the amplifier if the Loudspeakers/Sound producing instruments are used in the open air; Loudspeakers/Sound producing instruments are not used in the open air without written permission of the local police station.”