The Kerala High Court has observed that it is the duty of the authorities to provide its citizens a pollution-free environment and prevent noise pollution.
Disposing of a writ petition by a doctor from Kollam recently, Justice Viju Abraham observed that the doctor had every right to have a peaceful life in his residential home and at a clinic attached to the same without any excessive sound or noise pollution. Such right necessarily flowed from Article 21 of the Constitution which guaranteed protection of life and personal liberty.
The court also noted that Article 48 A under the Directive Principles of State Policy, which are regarded as fundamental to governance of the country, mandated that the State shall endeavour to protect and improve the environment, which included providing a pollution-free environment to its citizens. Therefore, it was the duty of the respondents herein to provide the petitioner to have a pollution-free environment.
According to the petitioner T.R. Chandramohan, it had become difficult for him and his family to lead a peaceful life at their home due to the excessive noise from the loudspeakers installed at Kuzhikantom Sree Krishna Swamy Temple.
The thickly populated area near the temple came under a silent zone as per the Noise Pollution (Regulation and Control) Rules, 2000. In fact, the temple authorities had agreed to stop all activities, including chiming of large bells etc., at a meeting on April 22, 2014 on a directive of the High Court.
However, the temple authorities continued to amplify the music and drum beating through the loudspeakers. Although the police were duly informed, no action had been taken.
The court directed the Environment Engineer of the Pollution Control Board, Kollam, to immediately conduct an inspection and check whether the ambient air quality standards in respect of noise were maintained and whether loudspeakers or any public address system was being used by the temple authorities without obtaining written permission from the authority or whether any equipment not permitted as per Rules, 2000 was used.
In case any violations were found during such inspection, necessary remedial measures and strict action should be taken.
