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Sleep is citizen's basic right, says apex court

The apex court rejected Wadia's contention that the state government has not declared the said zone as a silence zone, while denying him the permission.

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NEW DELHI: Holding that "sleep" is a basic necessity and biological need of life, the Supreme Court has upheld the Maharashtra government's decision to deny permission for conduct of music functions or cultural programmes at venues which are within 100 metres of educational institutions and hospitals.
    
The permission was denied by the authorities on the ground that the venue was located within 100 metres of an educational institution and a hospital.
    
A bench of Justices S B Sinha and Cyriac Joseph upheld the validity of an order passed by the Maharashtra government denying permission to Farhd K Wadia, Chief Executive Officer of 'Power Productions', a leading audio studio in Mumbai, for conducting a music event at an open air auditorium near a school.
    
"Interference by the court in respect of noise pollution is premised on the basis that a citizen has certain rights being 'necessity of silence','necessity of sleep', 'process during sleep' and 'rest', which are biological necessities and essential for health. Silence is considered to be golden.
    
"It is considered to be one of the human rights as noise is injurious to human health which is required to be preserved at any cost," the apex court observed.
    
Wadia had earlier approached the High Court challenging the authorities decision, but his plea was dismissed, following which he filed the SLP (special leave petition) in the apex court.
    
The company does soundtracks for movies, ad films, etc.
    
The apex court rejected Wadia's contention that the state government has not declared the said zone as a silence zone, while denying him the permission.
    
Interpreting the Noise Pollution (Regulation and Control) Rules, 2000 framed by the Central government, the apex court said the legislation empowers the government to regulate the use of loudspeakers, amplifiers and other such instruments within 100 metres of educational institutions, hospitals, religious institutions and even courts.
    
The bench cited a number of earlier judgements of various High Courts and the Supreme Court wherein courts have upheld the validity of restrictions imposed by the authorities on the use of public address systems.
    
Hence, it found no merit in the appeal of Wadia.
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