Since August 10, no spot in the city or the state has officially been a silence zone, not even the mandatory area of 100-metre radius around hospitals, educational institutions, courts and religious places. The state government, which is the sole authority to notify such zones, will soon re-notify these areas, but till that happens, they have ceased to be silence zones.
An affidavit filed in the Bombay High Court by the state government on Monday states that as per an amendment to the Noise Pollution (Regulation and Control) Amendment Rules, 2017, by the Union Ministry of Environment, Forest and Climate Change, unless any area bound by these rules is notified by the ‘state’, it cannot be considered a silence zone. The affidavit goes on to state that since August 10, any area comprising not less than 100 metres around all hospitals, educational institutions or religious places could not constitute a silence zone unless specified.
Moreover, the Union government gazette states that the state government or district authority can permit the use of loudspeakers or public address systems during 10pm to midnight for a duration not exceeding 15 days in all during a calendar year.
The affidavit was filed while hearing a bunch of public interest litigations including that of Awaaz Foundation, which routinely highlights the issue of high decibel levels in and around the city during religious and cultural functions.
A division bench of Justices Abhay Oka and Riyaz Chagla has asked the foundation to file its reply by August 22. It also directed the government to file details of the steps taken to curb violation of noise pollution rules.
Sumaira Abdulali, convenor of Awaaz Foundation, said, “This will affect the lives of millions of people. We are still studying the affidavit in detail before we prepare to respond to it.”
Abdulali informed the court about high noise levels recorded at a Dahi Handi event organised opposite Bandra Police Station, where the banners displayed photographs of Mumbai BJP chief Ashish Shelar.
The court has asked the government to file its reply about the action taken on the next date of hearing. The noise level at this site was the highest, 113.3 dB, and was higher than the noise at the same site during Dahi Handi in 2016, which was measured to be 103 dB, Abdulali said.
Affidavit filed
The state is the authority to notify silence zones, and will re-notify these areas
But till that happens, sensitive areas, too, have ceased to be silence zones
These areas include those around courts, hospitals and educational institutes
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