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[ Proposal No. 3 ]

Control of Noise Pollution in Goa

Manufacture of high noise crackers banned.
The Navhind Times
Panaji, Friday, September 1, 2000.

NEW DELHI, Aug 31 (PTI) : Keeping in view the noise and air pollution caused by crackers on Divali, the Delhi High Court today put a blanket ban on production of high noise making crackers and made it mandatory for manufacturers to mark their products with the level of pollution caused by them.

Restricting the bursting of crackers during Divali, Dussehra, and other festivals between 6.00 pm and 11.00 pm, a Division Bench comprising of Justice Mr. Anil Dev Singh and Justice Mr. M K Sharma ordered that no cracker when exploded should make a noise more than 125 DB at 4 meter distance from the point of its bursting.

Approving certain guidelines laid by the center and Delhi Government on use of fire crackers during Dusseshra, Divali and other festivals, the court directed the authorities to implement the guide-lines strictly.

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SC against use of loudspeakers in places of worship.
The Navhind Times
Panaji, Thursday, Aug 31, 2000.

NEW DELHI, Aug 30 (UNI) : Coming down heavily on the practice of beating of drums and use of loudspeakers in places of worship, the Supreme Court has ruled that no religion prescribes or preaches that prayers are required to be preformed through voice amplifiers or by disturbing peace and tranquillity.

The verdict was given by a bench comprising Mr Justice M B Shah and Mr. Justice S N Phukan while dismissing an appeal by the Church of God (Full Gospel) in India directed against Madras High Court judgement. The questions raised in the appeal were that in a country having many relegions and numerous communities, whether a particular community or sect of that community could claim right to add to noise pollution on the ground of religion.

"In our view, in a civilized society in the name of religion, activities which disturb old or infirm persons, students or children having their sleep in the early hours or during day or other persons carrying on other activities cannot be permitted," the judges observed.

"It should not be forgotten that babies in the neighbourhood," the judges said, "are also entitled to enjoy their natural right of sleeping in a peaceful atmosphere." It added that the aged, sick people afflicted with psychic disturbances as well as children up to 6 years were also required to be safeguarded.

Rejecting the contention that by this order the Church's fundamental right under Article 25 was violated, Mr Justice Shah said the fundamental right to preach religion was subject to public order, morality and health. " No religion performed through voice amplifiers or by beating of drums," the bench said.

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GOA ENVIRONMENTAL ACTION GROUP
P.O. BOX 93, MAPUSA, GOA - 403 507.
(Societies Regn. No. 6/GOA/98)

Mapusa, Goa.
20th. August, 1999

PRESS NOTE
FOR FAVOUR OF URGENT PUBLICATION.

New draft rules on sound pollution under the Environment (Protection) Act, 1986 (EPA) have been published by the Ministry of Environment and Forests, and the same are awaiting final notification after scrutiny of objections, if any from the public.

In the said draft, Rules 4 & 5 which are ostensibly meant to control sources of noise such as firecrackers and loud speakers, seek to give power to the District Magistrates, Police Commissioners or the officer designated as per the local laws to issue permissions for the use of loudspeakers which means not only discretion on the question of timings but also noise levels. Concerning the firecrackers, Rule 4 seeks to ban the manufacture/sale and use of firecrackers exceeding 125 decibels. Suffice it to say that most fire crackers sold today produce an ear splitting 125 decibels. Hence, there is going to be no relief to the suffering public if these draft rules are made into law, as these rules will do away with the positive aspects of the EPA.

The sensitive public is therefore urged to address their objections to the new draft rules in writing to reach by the 28th. August, 1999 addressed to:

Secretary,
Ministry of Environment & Forests,
Control of Pollution Division, Room No. 549,
Paryavaran Bhavan, CGO Complex,
Lodi Road, New Delhi-110 003

For GOA ENVIRONMENTAL ACTION GROUP

Sd/-
F.C. Lobo
GEN SECRETARY.

Published on Herald.

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GOA ENVIRONMENTAL ACTION GROUP
P.O. BOX 93, MAPUSA, GOA - 403 507.
(Societies Regn. No. 6/GOA/98)

Mapusa, Goa.
20th. August, 1999.

To,
The Secretary,
Ministry of Environment & Forests,
Control of Pollution Division, Room No. 549,
Paryavaran Bhavan, CGO Complex,
Lodi Road, New Delhi-110 003.

Sub: OBJECTION TO DRAFT RULES 4 & 5 OF EPA.

This has reference to the draft rules published under the EPA, 1986 and specifically Rules 4 & 5 thereof.

Rule 4 seeks to ban the manufacture, sale and use of Fire Crackers having a level exceeding 125 decibels measured from a distance of 4 meters from the source. This means that your department is seeking to legalize those crackers which are presently being used or abused and due to which the law to ban such crackers became necessary. Your department seems to be trying to do away even with the decision of the Calcutta High Court whereunder the manufacture, sale and use of Fire Crackers having a sound of more than 65 decibels has been prohibited.

Rule 5 requires that permission be obtained from designated officers under the local laws for use of Loud Speakers. It is necessary that this rule specify the type of Loud Speakers, the decibel levels and the timings which shall circumscribe such permissions. For instance FUNNEL type Loud Speakers, maybe authorized only for addressing large congregations/agglomerations of people coming together specially for a certain purpose. Funnel type Loud Speakers must be banned from being used for any other purpose and specially to enhance the volume of music and chants.

We wish to categorically state here, that our organization has been in the forefront in the fight against noise in Goa which has been assuming frightening proportions due to the uncaring and cavalier attitude of the authorities specifically with regard to FUNNEL type Loud Speakers, Fire Crackers (dada bombs/atom bomb), Multi-toned and Air Horns, and we have been relying tremendously upon the good work achieved through decisions of the Bombay and Calcutta High Courts, which courts are perceived by the suffering public as saviors and we would not therefore wish to see progress made by ourselves, however little it may have been, done away with, at one stroke by legislation/rules that take away with one hand what the main Act sought to give with the other.

Kindly therefore re-draft those two rules in light of the observations made above by ourselves.

Thanking you,

Yours truly,
For GOA ENVIRONMENTAL ACTION GROUP.
Sd/-
(F.C. Lobo)
Gen. Secretary.

Encl:
1. Copy of an article prepared by our organization for the purpose of educating the public which is self explanatory.
2. Copy/format of permission presently being issued by the District Magistrates.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, PANAJI BENCH, GOA.
WRIT PETITION NO. 97/1997


Shri. Floriano Conceicao Lobo,
Pirazona, Moira, Bardez, Goa. -------- Petitioner

V e r s u s

1. Govt. of Goa, through the Chief Secretary, Secretariat, Panaji.
2. Collector of North Goa, Panaji
3. Collector of South Goa, Margao.
4. The Inspector General of Police, Panaji- Goa. ------- Respondents

The petitioner present in person.
Shri. H.R. Bharne, Govt. Advocate for the Responsents.

CORAM: N.P. CHAPALGAONKAR, AND
R.M.S. KHANDEPARKAR, JJ.
DATED: 24TH. July, 1997.


ORAL ORDER: (Per CHAPALGAONKAR, J.)

By this petition, the question of noise pollution was brought to our notice, which has assumed dangerous proportions. The State of Goa has adopted the Madhya Pradesh Control of Music and Noises Act, Samvat 2008. The Petitioner complained that either the provisions of this Act are not been strictly followed or the authorities overlook the infringement. We have heard learned Government Advocate and, in pursuance of our notice, Shri. Bharne, Government Advocate first has filed an affidavit of the Police Inspector Mapusa and has also placed on record some of the recent Circulars, issued by the District Magistrate, South Goa and North Goa, giving guidelines to the Sub-Divisional Magistrates who are authorized to issue licences under the said Act. We hope that the guidelines now issued will be scrupulously followed by the Licensing Authorities and the police machinery would be vigilant to have checks on the play of loudspeakers and would verify whether it is under proper licence and whether the volume is within the range of reasonability. With these observations, we dispose of this writ petition. We record our appreciation of the petitioner in bringing the noise pollution to the notice of this Court.

Typed by:

Read by:
sd/-

Stamped.

Compared by:
sd/-

CERTIFIED COPY.

LIFE LINE
Goa Su-Raj Party has been in existence since 31/08/2000.

AN APPEAL
DEAR GOANS WORLDWIDE,

ONLY YOUR EXTENDED HANDS CAN STOP THE SLIDE OF OUR BEAUTIFUL GOA INTO THE OBSCURE..

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CHQ'S TO: GOA SU-RAJ PARTY
ADDRESS:383A PIRAZONA MOIRA BARDEZ GOA-403507.
BANK: INDIAN OVERSEAS BANK - MAPUSA.
A/C NO: 056301000050171
IFSC CODE: IOBA0000563
SWIFT CODE: IOBAINBB139 [Panjim Branch]
 
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