If you are a neighbour and you feel that your neighbour is too noisy, you may be wondering if there is a law against noisy neighbors in India. Noise pollution, nuisance, and court cases are all a part of living in India, and there is a law that applies to every neighbourhood. If your neighbour does not obey the law, you can call the local police station to report the noise and you may be fined up to Rs. 200.
Noise pollution
In mid-1980s, residents of Mumbai began a campaign against noise pollution. They used local sound readings and a WHO report to formulate their campaign. They then filed public interest litigation cases against factories and all-night discos during festival seasons. Now, there is a dedicated law enforcement unit addressing the issue. In the meantime, local citizens can report noise pollution to local police. The laws are being enforced, but many residents remain concerned.
As per WHO guidelines, a person should not be exposed to more than 30 dBA of noise to sleep. Noise pollution is a problem in India because of two types of noise: community noise and industrial noise. Industrial noise is generated by loudspeakers and construction activities. In 2011, the Central Pollution Control Board established a noise monitoring network in India to assess the level of noise pollution. The problem of noise pollution in India is widespread and has many health consequences.
Nuisance
If your noisy neighbor keeps disturbing your sleep, you can file a complaint with the housing society and ask for a bare injunction. You don’t have to provide any evidence, but the law does allow you to make a complaint. If you’re in an apartment building, you can also file a criminal complaint with the local police and file for an injunction. If you’re not satisfied with the result, you can also appeal to the Central or State Board. In India, the Air (Prevention and Control of Pollution) Act 1981 lists noise pollution as an air pollutant. The State Board deals specifically with noise pollution.
In India, the nuisance law protects the rights of residents who are disturbed by a neighbor’s noise. While there is no specific limit on what constitutes noise pollution, it is often classified as a civil wrong. It is further divided into two kinds – public nuisance and private nuisance. Public nuisance occurs when a certain act or activity is harmful to the public or an individual. A public nuisance is not limited to noise from religious activities; it can also affect the entire neighborhood. Residents of a residential neighbourhood who are disturbed by a noisy neighbour’s activity can file a lawsuit under Section 91 of the CPC.
Court cases
There are several legal avenues available to get rid of noisy neighbours in India. One such avenue is the law of torts. Under the tort law, someone can bring a lawsuit in a civil court for excessive noise. A loudspeaker or public address system can cause excessive noise. It is also illegal to conduct any trade or process that can cause noise disturbances. In cases where a neighbor causes noise disturbances to their neighbors, the court can issue a direction to the Defendant to stop the noise and restore order in the neighbourhood.
A court case against a noisy neighbour in India can result in heavy fines or penalties for the offending party. This process is not easy, however. However, the results can be devastating. In one case, a 14-year-old girl was stabbed and strangled after a neighbour objected to her children playing cricket. The case has triggered a national discussion about the law on noisy neighbours and its consequences.
Enforcement
The recent enforcement of noise laws in India is a step in the right direction. The country has a billion-plus population, a vast social diversity, and no shortage of loud sounds. In addition, many sources of noise pollution are legal, like fireworks and construction sites. Environmental activists say the politicians are setting a poor example by assuming they’re exempt from the law. The police often don’t do anything about it, and citizens’ vigilance has helped reduce noise levels at political events in Mumbai.
New fines for violating noise pollution regulations were proposed by the Central Pollution Control Board. These fines range from Rs 1,000 to Rs 1 lakh and are designed to punish those who cause excessive noise. Violations of the noise pollution norms include loudspeaker use without a permit, honking at odd hours, and unremitting construction activities. The Central Pollution Control Board recommended these new fines in its June 2020 report in response to ongoing cases.
Complaint procedure
Noise pollution can be caused by many things, including religious activities, loudspeakers, public address systems, and the carrying on of any process or trade. If you find that your noisy neighbours are making noises that are disrupting your peace, you can file a complaint with your local police station. If you are still not satisfied with the response of the police, you can approach the courts for help. The court will take cognizance of your complaint and instruct the police to enforce your rights.
There are several ways to complain against a noisy neighbor in India. The first and most effective is to call 100 and inform the police about the noise. If the neighbour continues to be a nuisance, you should document all evidence of noise and call the police. A policeman can also seize any instruments used to cause the nuisance. This can be very effective in preventing the problem. However, you must be prepared to fight back with the police and make them prove that they are responsible for the noise.
