Right to freedom from noise pollution is fundamental: HC

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Allahabad, Jul 26: The Allahabad High Court has held that the "right to freedom from noise pollution is a fundamental right".

A division bench, comprising Justice Dilip Gupta and Justice M C Tripathi, made the observation on July 22 while disposing of a PIL filed by one Chunnu Singh and ten other residents of Naya Gaon village in Kanth. Removal of a loudspeaker from a temple in the village earlier this month had triggered tension which was followed by political turmoil.

The petitioners had moved the court with the plea that they be allowed to play devotional songs on loudspeaker for at least one hour every morning and in the evening at the Lord Shiva temple. They had pleaded that the temple was the only place of worship situated in their village and that they have been offering prayers there for more than 40 years.

However, the court was of the view that there was no justification for allowing use of loudspeaker without due permission from the district administration and the regional pollution control board. The court, however, added the people might approach the concerned authorities with their demand and a decision should be taken "in strict accordance with provision of Noise Pollution Regulation and Control Rules, 2000".

The court also said police stations need to ensure that no loudspeakers or other noise-producing activities take place within their areas of jurisdiction and any such activities, if detected, must be followed by immediate action. "Right to freedom from noise pollution is a fundamental right of which no violation can be allowed," the court said while disposing off the PIL. 


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