LEGAL REGULATION OF NOISE POLLUTION IN INDIA WITH SPECIAL REFERENCE TO THE JUDGMENT IN NOISE POLLUTION (V), IN RE (2005) 5 SCC 733

With the rapid progression of science and technology at an unprecedented rate, the urban areas in today’s society have grown in size and in terms of the living standards they offer. This has led to a heightened awareness concerning noise pollution, which has become an integral part of our daily existence. Research studies have been conducted to determine the extent of harm caused by noise originating from various natural and artificial sources, particularly traffic. Noise has increasingly been linked to the overall well-being of individuals, encompassing mental, physical, emotional, and psychological aspects, impacting both humans and animals alike. Legally speaking, noise can be interpreted as an infringement on an individual’s rights. This significantly threatens the establishment of conducive living conditions and necessitates urban planning and administrative and judicial intervention.

Noise is a byproduct of all human activities. It constitutes an integral part of our daily environment, generally acknowledged or at least endured. However, noise possesses the potential to spark discord between those producing it and those unwilling to hear it. Consequently, Noise pollution has evolved into a significant annoyance in contemporary society. Its proliferation is so rapid that it is now contaminating the societal environment. The accelerated pace of urbanization, industrialization, and technological progress has made noise pollution a pressing issue, posing a substantial threat to the quality of life in numerous nations. Humanity’s ability to generate noise has experienced a remarkable escalation. Noise envelops us in various forms, such as the clamor of traffic, the commotion of crowds, the swift industrial expansion, and the movement of vehicles and aircraft. Furthermore, domestic settings are susceptible to noise intrusion, with loud music and barking dogs emerging as potential sources of disturbance. Indeed, the sounds produced by instruments like dhol, dhapli, bigul, and shankh have been deeply ingrained in the fabric of Indian culture since the inception of ancient societies. In ancient civilizations, the rhythmic beats of drums served as a vital method for ensuring human safety against predatory animals and were also integral to various sacred rituals. However, in contemporary society, the volume and regularity of these sounds have escalated to a point where they pose a significant danger to human well-being.  The paper discusses noise pollution, how different legislations defined it, the judiciary’s stand in pre-2005 and post-2005, i.e., before the landmark judgement made by the Supreme Court, and the after-effects of the judgement.