Microphones and large speakers were used at a loud volume next to a hospital at Jodhpur Park in south Kolkata on Sunday evening flouting noise norms. The programme, part of a food fair called Mohanogorer Mohamela, was organised by a media company with support from the Kolkata Municipal Corporation and continued for over two hours till late evening, during which singer Anjan Dutta performed.
“Not just today, it has been an ordeal every evening for about a week and the patients are suffering,” said an official of Aurobindo Seva Kendra (EEDF) on Sunday evening.
“This is happening in the presence of police; what’s the use of lodging a complaint, except inviting further harassment,” alleged the official, who did not want to be named.
“We have initiated an inquiry and will soon take appropriate action,” asserted state pollution control board (PCB) chairman, Kalyan Rudra, on Monday.
State PCB sources confirmed to The Plurals that the violation occurred at multiple levels: through the use of microphones within 100 metres of a hospital, considered a silence zone, and also during the ISC board exams that started on February 13.
The PCB has a video of the violations. “From the noise level in the video, it is clear that sound limiters have not been used with the microphones, a mandatory requirement following several judicial verdicts,” said an official from the green watchdog.
“The governor is pleased to hereby prohibit the use of loudspeakers/ public address system in areas where educational institutes are located, from three days prior to the commencement of Secondary (Class X) and Higher Secondary (Class XII) examinations (conducted by a recognised Educational Board or Council like the West Bengal Board of Secondary Education, West Bengal Council of Higher Secondary Education, West Bengal Board of Madrasah Education, ICSE, ISC and others) till completion of each examinations,” reads an order issued by the state environment department and currently in force.
The order directs “district magistrates, commissioners of police, superintendents of police… to take steps to enforce this order”.
The Noise Rules, 2000, under the Environment Protection Act mandates that “whoever, in any place covered under the silence zone/area commits any of the following offence… whoever plays any music or uses any sound amplifiers; whoever, exhibits any mimetic, musical or other performance of a nature to attract crowds; whoever, uses a loud speaker or a public address system… shall be liable for penalty under the provisions of the Act”.
Under the act, an area not less than 100 metres around hospitals, educational institutions, courts, religious places or any other area which is declared as such by the competent authority is a silence zone.
Police evasive; activists to move court
The Plurals found out that several loudspeakers were blaring on Sunday night, some less than 10 metres of the hospital boundary wall.
“This is a major violation. The PCB can impose a pollution cost on the violators, lodge an FIR or the police can take action suo motu as the Environment Protection Act mandates that they do so. There can be fines of up to Rs 1 lakh and/or a jail term of up to five years,” said Biswajit Mukherjee, a former chief law officer of the state PCB and a former special officer appointed by Calcutta High Court for noise norms violation. Mukherjee pointed out that under the act, the onus is on the officer in charge of the local police station to stop the violation.
“The organisers took permission from Lalbazar,” said the officer in charge of the local Lake police station when asked how the loudspeakers were allowed on Sunday evening.
“I have asked the team (to look into the complaint),” said the city police commissioner, Vineet Goyal, when this reporter forwarded the complaint to him.
“We have stopped the event,” claimed a police officer but residents confirmed that the police “acted” only after the programme was over.
“If anybody has given permission for using a microphone adjacent to the hospital and within the blanket ban period covering board examinations, it amounts to contempt of court,” said Mukherjee.
“The noise norms are being blatantly violated across the city and this is a prime example of how bad the situation has become. I will definitely refer to this violation in the course of my ongoing case on noise pollution,” said environment activist Subhas Datta. “I have seen still photographs and video clips of the violation and from the noise level it seems clear that DJ music was being played,” Datta added.
“We will lodge a complaint soon and also refer to the matter in an ongoing noise case in the high court,” said a representative of environment platform, Sabuj Mancha.