Punjab and Haryana High Court holds District Magistrates, SPs liable for noise pollution enforcement

The Punjab and Haryana High Court mandated that police must treat noise pollution complaints as cognisable offences, meaning formal investigations, or FIRs, must be initiated for violations. This decision holds police accountable and requires District Magistrates and Superintendents of Police to act swiftly when citizens report noise infractions in Punjab, Haryana, and Chandigarh.

What prompted court’s ruling on noise pollution?

This directive follows a persistent issue with noise pollution across the region, despite a high court-issued set of guidelines in 2019 aimed at curbing noise from loudspeakers, especially around exam periods. These rules, which banned the use of loudspeakers in public spaces without permission, particularly at night, and restricted noise in residential areas, had not been adequately enforced, prompting a reiteration of responsibility.

What does law say about noise pollution, and why must police register FIRs?

The high court emphasised that noise pollution falls under the Air (Prevention and Control of Pollution) Act, 1981, and is a cognisable offence. Under Section 154 of the CrPC or Section 173 of the recently implemented Bharatiya Nagarik Suraksha Sanhita (BNSS), police are legally bound to file an FIR for any cognisable crime. Should the police fail, the public can approach a Magistrate under Section 156(3) of the CrPC, now Section 175 of the BNSS.

Who is held accountable under this order?

The ruling places a significant responsibility on District Magistrates and Superintendents of Police, holding them personally liable if they fail to monitor or enforce noise guidelines. This approach intends to make top authorities accountable and ensure that police take immediate action, without forcing citizens to rely on lengthy complaint processes.

How will the ruling impact noise pollution enforcement?

The directive aims to intensify monitoring and action on noise violations, as the 2019 guidelines had banned excessive noise from factories and religious institutions in residential areas. Temples, mosques, and gurdwaras, for example, must obtain permission to use loudspeakers, and activities like playing loud music or amplifiers outdoors are restricted from 10 pm to 6 am.

What does the ruling mean for public?

The court’s order empowers citizens to report noise violations, and it obligates authorities to respond. This decision reinforces the judiciary’s stand on environmental health, holding authorities accountable and giving citizens a pathway to enforce noise pollution laws directly.