Quick answer
Yes. Section 2(a) of the Air (Prevention and Control of Pollution) Act, 1981 defines "air pollutant" as any solid, liquid or gaseous substance, "(including noise)", present in the atmosphere in a concentration that may be or tend to be injurious to human beings, other living creatures, plants, property or the environment. The words "including noise" were inserted by the Amendment Act 47 of 1987 with effect from 1 April 1988. Detailed limits are set by the Noise Pollution (Regulation and Control) Rules, 2000, made by the Central Government under Sections 3(2)(ii), 6 and 25 of the Environment (Protection) Act, 1986.
The law
- Section 2(a), Air Act, 1981: noise is expressly part of "air pollutant".
- Section 2(b), Air Act, 1981: "air pollution" means the presence in the atmosphere of any air pollutant.
- Noise Pollution (Regulation and Control) Rules, 2000: the State Government classifies areas into industrial, commercial, residential and silence zones (Rule 3), and noise must not exceed the standards in the Schedule (Rule 4).
Key rules on loudspeakers and complaints
- Prior permission: a loudspeaker or public address system may be used only with written permission from the authority (Rule 5(1)).
- Night ban: no loudspeaker or public address system at night, that is 10:00 p.m. to 6:00 a.m., except in closed premises such as auditoria, conference rooms, community halls and banquet halls (Rule 5(2)).
- Limited festival exception: the State Government may allow use from 10:00 p.m. to 12:00 midnight on cultural or religious festive occasions, for not more than 15 days in a calendar year, subject to conditions (Rule 5(3)).
- Silence zone: an area of not less than 100 metres around hospitals, educational institutions and courts may be declared a silence zone (Rule 3(5)).
- Complaint: a person may complain to the authority (for example a District Magistrate, Police Commissioner or an officer not below Deputy Superintendent of Police) if noise exceeds the standard by 10 dB(A) or more (Rule 7). The authority can issue written directions to prohibit or control the music or noise (Rule 8).
Ambient noise limits
| Area | Day (6 a.m. to 10 p.m.), dB(A) Leq | Night (10 p.m. to 6 a.m.), dB(A) Leq |
|---|---|---|
| Industrial | 75 | 70 |
| Commercial | 65 | 55 |
| Residential | 55 | 45 |
| Silence zone | 50 | 40 |
dB(A) Leq is the average sound level over a period, measured on a scale that matches human hearing.
Supreme Court on noise
In Re: Noise Pollution (Supreme Court, 18 July 2005, R.C. Lahoti CJI and Ashok Bhan J.). The Court agreed with High Court decisions that the right to live free from noise pollution is part of the right to life under Article 21. It held that Article 19(1)(a) (freedom of speech) cannot be used to force unwilling people to hear noise at unpleasant levels.
Example
Zoya lives in a residential area next to a wedding hall that plays loud music in an open lawn past midnight. Since the night limit for a residential area is 45 dB(A) and open-air loudspeakers are barred after 10:00 p.m. (unless a State festival notification covers that date, and then only until midnight), Zoya can complain to the authority under Rule 7. A celebration does not by itself excuse unlawful noise.
Exam point
Noise is an "air pollutant" under Section 2(a) of the Air Act, 1981 (inserted in 1987), and the Noise Rules, 2000 bar loudspeakers from 10 p.m. to 6 a.m. except in closed premises or under the limited festival exception.