Expressing dissatisfaction over the non-implementation of its 2005 directions to curb noise pollution, the Supreme Court has said the state was obliged to “respect and preserve” people’s fundamental rights.
The apex court had, in 2005, issued a slew of directions to restrict the use of loudspeakers, bursting crackers and other things to curb noise pollution. This concern was echoed while it disposed former DGP of Rajasthan Balwant Singh’s petition seeking a direction to the authorities to enforce the SC guidelines. Jaipur-based Singh has been facing problems due to protestors demonstrating at the Vidhan Sabha office located close to his house.
A bench of Justices FMI Kalifulla and AM Sapre gave direction to the local police to take action and held, “In our considered view, the Constitution, inter alia, casts a duty on the State and their authorities to ensure that every citizen’s cherished rights guaranteed to him under the Constitution are respected and preserved...”
It also reiterated its guidelines and said, “No one shall beat a drum or tom-tom or blow a trumpet or beat or sound any instrument or use any sound amplifier at night (between 10.00 pm and 6 am) except in public emergencies.”