PRESSURE HORN: NEED TO HEAR THE UNHEARD VOICE (BY-Mr. Arun Kumar & Dr. Ritu Singh Meena)

PRESSURE HORN: NEED TO HEAR THE UNHEARD VOICE

 AUTHORED BY-1.            Mr. Arun Kumar[1]

Assistant Professor At Maharishi School Of Law,

Maharishi University Of Information Technology, Noida, India

    2.     Dr. Ritu Singh Meena[2]

Assistant Professor At Maharishi School Of Law,

Maharishi University Of Information Technology, Noida, India

Abstract

It is generally agreed upon that "Necessities are the mother of invention." However, this seems incorrect in the context of the Pressure horn. It was initially created to warn those who were rushing on the road to prevent accidents of all kinds. Then as time went on, people began to put horns in their cars out of respect for themselves, believing that without a loud horn, their presence would go unnoticed. Excessive speech that is blown by the horn outside of the permitted range may be referred to as noise, which translates to an unpleasant voice. Not only are pressure and overuse of the horn bad for society, but they are also bad for the motorist because they can cause mental illnesses like depression and affect their hearing. People have some sort of legal right, yet they have disregarded their obligations. The phrases "rights" and "duties" are interrelated and insufficient on their own. For the other person to receive his rights, the duties required the one person to carry out his conduct. Everyone in a democratic country talks about their rights, but no one ever brings up their responsibilities. People who assert their fundamental rights while being unable to carry out their legal obligations. No right is unrestricted; there are always some limitations. so that society's balance of rights and obligations can be maintained. This article aims to demonstrate the effects of noise pollution brought on by pressure horns on the environment as well as any potential medical issues. What are the prevention strategies for it?

KEYWORDS: Pressure Horn, Noise Pollution, Article 19 of the Constitution, Environment Act, Noise pollution control regulations  Rules 2000.

Introduction

Although it is legal for someone to place a horn on their car, it must not be loud enough to annoy bystanders. People already harm the environment because of many of their activities, and noise pollution just makes matters worse. In addition to the concerns with unemployment and health, people in urban areas may also experience noise pollution issues, which prevent them from getting a peaceful night's sleep. In India, people placed high-pressure horns to demonstrate their status and presence on the road. However, by doing so, they completely disregard the idea of being a civilized person and endanger the health of others. According to a study, India is the country with the highest noise pollution in the world, and Delhi, the capital of the Republic of India, is the worst offender. The pressure horn's noise pollution had an impact on the surrounding area. Additionally, it causes a variety of mental issues, including depression and anxiety. The horn's noise harms the ears' ability to hear. In some cases, a person may also lose hearing. Article 19 of the Indian Constitution guarantees freedom of speech and expression, but it also places reasonable restrictions on it. Although everyone has the right to freedom of speech and expression, this right does not apply to anybody else's freedom. For those who have cardiac conditions, high blood pressure, etc., the horn's noise can be quite dangerous. When a rider blows the pressure horn suddenly, elderly people who are walking on the road occasionally become very anxious.

The Historical Background

One of the most important steps in the development of society was the invention of the wheel. The wheel was created by the Mesopotamian civilization, according to the evidence. And as a result, human civilization advanced more quickly, which led to the creation of another invention: vehicles. German scientist Karl von Drais is credited with creating the first bicycle. He started driving his "swift walker" vehicle on public roads in 1817.

To get a patent for a "vehicle propelled by a gas engine," Carl Benz submitted his application on January 29, 1886. In July 1886, the three-wheeled Benz Patent Motor Car, Model No. 1, debuted in public for the first time.

The first time a car ran on Indian roads was in 1897, during which time it was introduced to the country.

Initially, cars did not have horns, which resulted in several accidents on the road and numerous injuries to individuals owing to the lack of warning or frightening from these vehicles. Millar Hutchinson, a Thomas Edison student, created the horn for necessities on the road and obtained the patent for it in 1902.

The first electric horn was created by the Oliver Lucas Company in England in 1910 with the intention of warning pedestrians and other vehicles to stay clear of any mishaps. And in the years that followed, the horn has been used in numerous new inventions and improvements. And right now, noise pollution on the roads is being caused by these horns.

Meaning Of Noise Pollution

The word "noise" is derived from the Latin word "nausea," which refers to a condition that causes a person to want to throw up. Noise is an unwelcome, unpleasant sound that unnerves individuals.

Any unwanted or overwhelming voice that is bad for your health and ears is considered noise.

This might also be referred to as the voice that is louder than the human ear can hear. The human eardrum has an extremely wide dynamic range and is capable of detecting sounds with a volume between 0 and 60 dB. Therefore, every voice in the aforementioned range is considered to be noise.

“Noise is a type of atmospheric pollution in the form of waves. It is a shadowy public enemy. It has increased in the modern age of industrialization and technological advancement”.[3]

The definition of noise, according to E. Gross, is "any unwelcome disturbance within a useful frequency band, such as an electric wave in any transmission Channel or device."[4]

The Environmental Protection Act,1986 and The Noise Pollution (Regulation and Control) Rules, 2000 have defined Noise As Environmental Pollution which is dangerous for all persons and the Environment.

AN OVERVIEW OF THE NOISE POLLUTION (REGULATION AND CONTROL) RULES, 2000.

The rules of 2000  also discussed the use of horns etc. Which can be understood as follows.

“Rule 3(3) - The State Government shall take measures for abatement of noise including noise emanating from vehicular movements, (blowing of horns, bursting of sound emitting firecrackers, use of loudspeakers or public address system and sound producing instruments)  and ensure that

the existing noise levels do not exceed the ambient air quality standards specified under these rules.”.[5]

"Rule 5. Restrictions on the use of loud speakers/public address systems (and sound-producing instruments).

(1) A loudspeaker or a public address system shall not be used except after obtaining written

permission from the authority.

(2) A loudspeaker or a public address system or any sound-producing instrument or a musical

instrument or a sound amplifier shall not be used at night time except in closed premises for

communication within, like auditoria, conference rooms, community halls, or during a public

emergency.

(3) Notwithstanding anything contained in sub-rule (2), the State Government may be subject to

such terms and conditions as are necessary to reduce noise pollution, permit the use of loud

speakers or public address systems and the like during night hours (between 10.00 p.m. to 12.00

midnight) on or during any cultural, religious, or festive occasion of limited duration not

exceeding fifteen days in all during a calendar year and the concerned State Government or

District Authority in respect of its jurisdiction as authorized by the concerned State Government

shall generally specify in advance, the number and particulars of the days on which such

an exemption should be operative".[6]

"Rule 5A. Restrictions on the use of horns, sound emitting construction equipment and bursting of firecrackers.

(1) No horn shall be used in silence zones or during night time in residential areas except during a public emergency.

(2) Sound emitting firecrackers shall not be burst in the silence zone or during night time.

 (3) Sound emitting construction equipment shall not be used or operated during night time in residential areas and silence zones".[7]

The Act also set the permissible limit of sound for each area.

Area Code

Category of Area/Zone

Limits in dB(A)

Day Time

Night Time

A

Industrial area

75

70

B

Commercial area

65

55

C

Residential area

55

45

D

Silence Zone

50

40

In the case of the religious function special permission has to be taken from the authority for playing the sound between 10 pm to 12 am at the night and such permission is not to be more than 15 times in the year.

Noise Pollution And The Constitution

Article 21 addresses the rights to life and individual freedom. "No person shall be deprived of his life or personal liberty except following the legal process."[8]And also by the rule of Interpretation of Law, the right to life includes the right to silence and a peaceful environment.

The right to live in a clean and healthy environment was declared a "Fundamental Right" in the case of Maneka Gandi v. Union of India,[9] which claims that the "Right to life includes life with dignity." The judiciary has expanded the scope of Article 21 by defining the right to a clean environment as a fundamental right.

According to the Indian Constitution, every citizen has the right to free speech and expression.[10]However, if it infringes on the rights of another person, it may be restricted. Noise pollution is one prominent illustration of this encroachment.

The Kerela High Court declared in PA Jacob v. The Superintendent of Police Kottayam, [11] that, "The freedom of speech provision in Article 19 (1) does not apply to the use of loudspeakers or sound amplifiers (a). As a result, loudspeaker-related noise pollution is controlled under Article 19 (1) (a) of the constitution ".

Free legal Aid cell Shri Sugan Chand Aggarwal v Gov. of NCT of Delhi,[12] it was observed by the Delhi High Court:

"Because noise bothers people, harms the environment, and harms their health, it might be categorized as pollution. It would be against Article 21 of the UN Declaration of Human Rights if

it exceeded reasonable bounds. The court further emphasized that the legal system in our country hasn't given the effects of noise on health its full consideration yet ".

The court concluded in Birangana Religious Society v. the State of Orissa,[13] that "The rights to profess, practice, and spread religion are covered by Article 19(1)(b) of the Constitution. A citizen cannot be forced to hear material that they do not want to hear or that they do not need to know".

The Supreme Court declared in Church of God (Full Gospel) v. K.K.R. Majestic Colony Welfare Association, [14] that "No religion encourages using voice amplifiers or drums while praying because this disturbs other people's serenity. If such a procedure already exists, it shall be followed without violating the rights of anybody else or their right to continuous work ".

In the case of Noise Pollution Thru Modified Silencers (Suo Moto)(P.I.L.) v. State Of U.P. & Ors.[15] It was held by the court that, " Vehicle riders to modify the noise mufflers/silencers so much so that a vehicle being driven can be heard hundreds of meters away whereby causing immense discomfort to the old, aged, and infirm persons, as well as the young children and other persons who may require silence and they, need to punished as they contravene the provisions of Section 190 (2) of the Motor Vehicles Act, 1988".

So as the right to silence falls in the category of Fundamental rights and the citizen has the right to enforce them in the court of law through Article 32 in the Supreme Court of India and under Article 226 in their respective High Court.

Effect Of Noise Pollution On Health

In the following ways, noise pollution can be harmful to people's health:

Not getting enough sleep can make you tired and drained throughout the day, which might interfere with your normal activities. Noise pollution disrupts sleep cycles, causing annoyance and a negative mental state.
Normal people might experience heart-related issues like high blood pressure, stress, and cardiovascular disorders, and people with any of these diseases may experience a rapid spike in their levels.
Hypertension is a direct outcome of noise pollution and is brought on by persistently high blood pressure.

Hearing loss is caused by eardrum damage brought on by prolonged exposure to loud noises that exceed the threshold of sound that healthy eardrums can sustain.
If a person hears a voice of 80 dB or above  6-8 hrs in the day then a person becomes deaf.

Measurement Of Noise

Decibels are a unit of measurement for noise. Decibel is made up of the two terms "deci" and "bel," where "deci" stands for "ten" and "bel" comes from the name of the scientist Graham Bell who devised it. Decibel (dB) is a common unit for measuring sound on a logarithmic scale.

As the problem of noise continues to increase so there is New Device which is called a Sound Meter Device created to measure sound levels consistently. It provides accurate, repeatable measurements of sound pressure levels and responds to sound in a manner that is similar to that of the human ear. And in the other word, it is to say that it is  a device used to measure and check the noise

As per the New Amendment The Noise Pollution (Regulation and Control) Rules, A  voice or volume is set in this device in accordance with the permissible limit which is not noise, and if any vehicle caused or blows the horn above this range then it has come in the ambit of noise Pollution and the person is to be prosecuted in accordance with the law.

The Controlling Provision For Noise Pollution

Environment Protection Act, 1986

"Anyone who disobeys or violates any sections of this Act, or any rules adopted, orders, or directions issued thereunder, shall, in respect of each such disobedience or violation, be subject to a term of imprisonment that may not exceed five years or a fine that may not exceed one lakh rupees".[16]

INDIAN PENAL CODE, 1860

"According to Section 268- Public nuisance.— The act or illegal omission of a person constituting a public nuisance must unavoidably result in harm, obstruction, danger, or irritation to those who

may need to use any public right as well as to the general public or to those who live in the area or who own property there. The mere fact that a common annoyance results in some convenience or advantage do not justify it".[17]

"According to section 290 -Punishment for public nuisance in cases not otherwise pro­vided for.— Any public nuisance offense that is not otherwise punishable by this Code may result in a fine that may reach 200 rupees".[18]

"According to section 291 -Continuance of nuisance after injunction to discontinue.— Anyone who repeats or continues a public nuisance after being warned by a public official with the legal power to issue such a warning not to do so will be penalized with simple imprisonment for a time that may not exceed six months, a fine, or both".[19]

CODE OF CRIMINAL PROCEDURE, 1973

To stop pollution of nearly any form, including noise pollution, the Criminal Procedure Code, 1973 (Cr. P. C.) provisions may also be used. The Executive Magistrates have the power to impose specific conditional orders in accordance with Sections 133 and 144 of the Criminal Procedure Code.

THE POLICE ACT, 1861

“The provisions of this Act give Superintendents of Police the authority to limit how loud music can be played during festivals and ceremonial events in the streets. The scope of the aforementioned rule is quite constrained, nonetheless, as it only addresses the issue of musical noise on public occasions of festivals and ceremonies and makes no mention of musical noise that occurs on private property or at other times than festivals or ceremonies”.[20]

Conclusion

The noise that is produced by loudspeakers, modified silencers, and excessive horn use on the highways is extremely harmful to people who are walking on the road and to people who are living in their homes. The right to life, which includes the right to peace, is guaranteed under Article 21 of the Constitution.

However, the person who violates another's rights does so by using such items. Horn volume is between 45 dB during the day and 55 dB during the night, according to WHO. Men typically have hearing that is older than their real age. It affects the driver's hearing capacity as well.

Many countries have previously adopted a measure to reduce noise pollution. In 1930, the cities of London and Paris passed legislation prohibiting the use of horns at night. In a similar vein, Germany passed legislation in 1936 to address the issue of noise pollution. Even in 2009, Peru passed legislation to penalize those who repeatedly honk their horns, with the possibility of license suspension and vehicle seizure. But because the Indian government passed the legislation to reduce noise pollution too late, it is now necessary to enforce the legislation strictly to ensure that people abide by it. Who will be responsible for such harassment if a person has high blood pressure or another type of mental illness, and someone blows their horn and they are affected? As the violation considers the mental peace, health, and silence of the people, the problem of the horn is not controlled by the legislation but by the inner conscience of the people.

The responsibility of a citizen is to consider the rights of others and the environment, uphold the law, act as a civilized citizen, and refrain from acting in a way that violates societal morals and values. And the enforcing authorities may also keep an eye on such things and punish offenders in accordance with the law.