Author’s Insights

Many of us have experienced the challenge of noisy neighbours, whether it’s their loud music penetrating our walls at all hours or disruptive drunk gatherings on our streets well past 10 p.m. 

Such disturbances are a widespread issue across India, affecting our daily lives and tranquillity. In this blog, we explore effective strategies to address noise in your neighbourhood. 

It requires just a tiny bit of bravery, but taking action and making your voice heard can lead to significant improvements in your living environment.

Take Baby Steps – Try Talking To The Noisy Neighbour

We are social beings, and thus it is important to peacefully communicate our issues and concerns to our noisy neighbours.

1. Initial Communication: If the noise from your neighbor continues to be a problem despite having a conversation with them, it’s important to take further action.
2. Notify the Property Owner: Contact the owner of the offending neighbor’s flat or home. They can implement corrective measures to mitigate the noise.
3. Engage Building Management: For residents of housing societies, involving the building supervisor can help address the issue through community management practices.

We don’t suggest calling the cops at the drop of a needle. But, if peaceful communication fails or if you believe it will fail – call the Cops! If you are in India you can dial the Emergency Police Helpline at 112. Just how Americans have 911.

Procedure for Lodging a Complaint Against Noise Pollution

1. Immediate Action via Police Helpline
   1. For Nighttime Disturbances: If the noise occurs between 10 P.M. and 6 A.M. and exceeds the legal decibel limits, call the police helpline at 112.
   2. For Daytime Disturbances: If the noise persists during the day due to unauthorized activities such as shows, parades, rallies, or unpermitted functions, contact the police through the same helpline.
      
2. Initial Response By Police

Upon receiving a complaint, a Beat Constable or the Investigating Officer (IO) will typically address the issue, requesting the party responsible to cease the noise as a courtesy measure.

3. Escalation Of Noise Complaint

If the noise continues despite police intervention, visit the police station with jurisdiction over the area and file a First Information Report (FIR) immediately.

4. Complaint Against Persistent Industrial Noise

In cases where noise is consistently emanating from industrial or commercial sources like mills, factories, pubs, discos, or music/dance institutes, the police may refer the case to the State Air Pollution Control Board for further action.

Right To Sleep Peacefully, Right To Religious Practices And The Constitution Of India

Your neighbour’s actions are impinging on your Article 21 rights under the Constitution of India, which include the Right to Life. This right encompasses the ability to sleep undisturbed.

While Article 25 of the Constitution allows for the freedom to profess and practice one’s religion, it specifies that only essential religious practices may be carried out without restrictions. 

What constitutes an “essential” practice can vary between different religions. 

However, it is generally understood that disrupting neighbours with loud religious activities does not fall under the umbrella of essential religious practices.

Noise Is Nuisance Under Law Of Torts

Under tort law, commonly referred to as the law of civil wrongs, a neighbour’s disruptive actions are classified as a nuisance. 

This is further divided into two categories: 

1. Public nuisance, which affects the general public or community at large; and 
2. Private nuisance, which causes harm or inconvenience to an individual, leading to special damages. 

It’s possible for an incident to be both a public and private nuisance simultaneously.

In cases where a neighbour’s noise, particularly from religious activities, disrupts your peace and that of your community, they are effectively creating a nuisance. 

If affected by such disturbances, you have the legal right to take action under the Code of Civil Procedure, 1908. 

Specifically, Section 91 allows you to file a Suit for Injunction to address and remedy the nuisance by noise in any manner whatsoever. 

Remedies Under the Indian Penal Code, 1860 (IPC) for Public Nuisance

1. Definition and Implications (Section 268 IPC):

A person commits public nuisance if they cause annoyance to the public or the residents of a particular area. Notably, deriving any benefit or advantage from the nuisance activity does not serve as a legal defense.

“A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.

A common nuisance is not excused on the ground that it causes some convenience or advantage”

2. Example of Public Nuisance:

A neighbour teaching children to play the drums for payment, which disturbs your peace, is considered a public nuisance. Personal gain does not excuse the disturbance.

3. Immediate Police Intervention:

For noise disturbances after 10 p.m., you can contact the local police. They are authorised to issue a warning to the neighbour causing the nuisance.

4. Legal Action (Section 290 IPC):

If the noise continues despite the warning, you can file a case under Section 290 of the IPC. The law prescribes a fine of Rs. 200 for those found guilty of continuing to create a public nuisance.

“Whoever commits a public nuisance in any case not otherwise punishable by this Code, shall be punished with fine which may extend to two hundred rupees”

Addressing Unlicensed Religious Processions and Ceremonies Under the Police Act, 1861

1. Reporting Unlicensed Activities:

If a neighbour is organizing religious processions or holding ceremonies in public spaces without the necessary permits, you can inform the police by dialling  112.

2. Regulation of Processions (Section 30 of Police Act, 1861):

Public Assemblies in India need to be licensed under the Section 30 of Police Act, 1861.

The District Superintendent or Assistant District Superintendent of Police holds the authority to direct and control the conduct of any procession on public roads. This control is exercised following either a special or general notice issued by the magistrate, granting permission for such gatherings.

3. Intervention in Case of License Breach (Section 30A):

These officers have the power to halt processions if there is a violation of the licensing conditions that leads to disruptions of public peace and order.

4. Penalties for Violations (Section 32):

A fine of Rs. 200 is imposed for violations related to unauthorized processions or ceremonies under this act.

Addressing Noise Pollution under the Noise Pollution (Regulation and Control) Rules, 2000

1. Noise Pollution is Air Pollution as per Indian Law

Under the Air (Prevention and Control of Pollution) Act, 1981, noise is recognized as an air pollutant. Sections 16 and 17 allow individuals to approach the Central or State Pollution Control Boards concerning issues of noise pollution.

2. Restrictions on Loudspeakers (Rule 5):

The use of loudspeakers is prohibited between 10 p.m. and 6 a.m. to minimize noise pollution. If noise levels exceed the standards set for the particular area or zone, affected individuals can report this to the appropriate authority. If the report from a police officer confirms the violation, the authority has the power to intervene and possibly prevent the neighbour from continuing the noise-producing activity, regardless of whether it is for professional or religious purposes.

3. Ambient Air Quality Standards:

The rules specify noise limits according to the type of area:

1. Industrial Area: Daytime – 75 dB(A) Leq, Nighttime – 70 dB(A) Leq
2. Commercial Area: Daytime – 65 dB(A) Leq, Nighttime – 55 dB(A) Leq
3. Residential Area: Daytime – 55 dB(A) Leq, Nighttime – 45 dB(A) Leq
4. Silence Zone: Daytime – 50 dB(A) Leq, Nighttime – 40 dB(A) Leq
5. Enforcement and Remedial Actions (Rule 8(1)):

If an authority is satisfied by a police report about a noise complaint, it may issue written orders to prevent or prohibit:

1. The continuation of any noise from vocal or musical instruments.
2. Sounds from instruments including loudspeakers, public address systems, and vehicle horns.
3. Noise from bursting crackers.
4. Any trade or process that results in excessive noise.
5. Supreme Court Ruling on Religious Noise:

In the case of Church of God (Full Gospel) in India v. K.K.R. Majestic Colony Welfare Association the Supreme Court ruled that controlling noise pollution is permissible even if the source is religious activities. The court emphasized that no religion advocates for worship that disturbs the peace of others, and that society must not tolerate activities that disrupt the well-being of vulnerable groups such as the elderly, students, or children.

Conclusion: Navigating Noise Issues with Neighbours

Noisy neighbours are often tolerated in India, particularly in the context of religious events or parades, given the sensitive nature of these activities. Many people prefer to maintain harmonious relationships with their neighbours and thus hesitate to take formal action.

However, when the noise becomes disruptive and adversely affects your daily life and functioning, it is crucial to address the issue. While it is important to foster good neighbourly relations, your right to a peaceful living environment is equally important. If diplomatic efforts fail, remember that legal frameworks and guidelines are in place to support your quest for tranquillity.