Asserting that "silence is golden" and "sleep is an essential biological necessity", the Supreme Court has refused to allow any concerts or events that cause noise pollution in Rang Bhawan
NEW DELHI: Asserting that "silence is golden" and "sleep is an essential biological necessity", the Supreme Court has refused to allow any concerts or events that cause noise pollution in Rang Bhawan, an open air theatre situated within 100 metres of a hospital in Mumbai. Dismissing an appeal by the CEO of Power Productions, an audio studio in Mumbai, the court said that "a citizen has certain rights that include 'necessity of silence', 'necessity of sleep', 'process during sleep' and 'rest', which are biological necessities and essential for health”.
"Silence is considered golden. It is considered a human right as noise is injurious to human health which is required to be preserved at any cost'', a bench of Justices S B Sinha and Cyriac Joseph held. The audio studio had challenged the validity of rules under the Noise Pollution (Regulation and Control) Rules, 2000 and Bombay High Court's restrain order in another writ petition. The audio company also said that since the government hasn't notified that Rang Bhawan is in the `silence zone', the Bombay HC's restrain was erroneous. “In any event, an exemption should be granted in respect of Rang Bhavan having regard to the fact that it is not possible to hold a musical event at any other place in the city of Mumbai at such cheap rates," petitioner concern's counsel S Ganesh added. The judges said the power to grant exemption lies either with HC or the apex court. Moreover, Maharashtra's Directorate of Cultural Affairs in July 2004 rejected the permission granted to the company and sent a letter to the Secretary, Power Productions, saying that Rang Bhavan comes under the silence zone and hence the use of loudspeakers has been banned''.
b_rakesh@dnaindia.net
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