The Calcutta High Court as well as the Karnataka High Court has taken a very serious view of sound pollution due to loudspeakers and firecrackers.  By an order in April 1996, the Calcutta court has given strict directions to the West Bengal Pollution Control Board and Calcutta Police to be very vigilant against Noise Pollution.  About 15 Durga Pooja Mandals who violated Court Orders were fined upto Rs.5000 each.  The office bearers were directed to be present in the Court and give a written undertaking that they would not violate Court Orders in future.  Few hotels were fined upto Rs.20,000/- to Rs.25,000/- for violating Court Orders during 31st December celebrations.  A prayer house (mosque) near the airport was also fined Rs.2500/- for causing noise pollution due to use of loudspeakers.  Firecrackers causing sound above 65 dB have been banned by the court order.

In the order passed in April 1996 the Hon Court states:
“Loudspeakers should not be allowed to operate in the street between 9 p.m. in the evening and 7 in the following morning for any purpose at any time including for the purpose of advertisement of any entertainment, trade or business.”

In this connection a reader of the Times of India writes: -
“The recent Karnataka High Court directive to the Bangalore Police Commissioner to act, against commercial establishments, social and religious bodies, shops and the likes, which cause noise pollution - so infringing upon the rights of citizens, particularly sick persons, students and old people - ought to be applauded. People have the right to sleep and enjoy their leisure and no individual or organization has the right to infringe upon it.

Incidentally, a recent Calcutta High Court order states that no fundamental right exists which permits anyone to generate unlimited amounts of noise and to ride roughshod over the peace of large segments of the population.  It is time that citizens rose against the loudspeaker menace and prevailed upon the authorities to enforce the relevant laws to stop noise pollution at the earliest.”

By the order passed on Writ Petition No.4303 of 1995 filed by Fireworks dealers, the Calcutta High Court has given strict directions to various authorities.  It states that Environment Protection Act, 1986 has got an overriding effect over all other enactment.  The Environment Protection (Third Amendment) Rules 1989 inserted a schedule laying down the Ambient Air Quality Standard in respect of noise, which contains the limit of 65 decibels as statutory one.  Under this act Central Government has powers to take all such measures for the purpose of protecting and improving the quality of environment preventing and controlling environmental pollution.

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