Delhi permits loudspeakers till midnight in festive season: what rules state, Pg23.

Key Highlights:

• Delhi has permitted the use of loudspeakers until midnight during the festive season, extending the usual 10 pm cut-off.
• The decision, announced by Chief Minister Rekha Gupta, applies to Ramlila, Durga Puja, and other cultural festivities.
• The permission is enabled by Rule 5(3) of the Noise Pollution (Regulation and Control) Rules, 2000, allowing exemptions for up to 15 days a year.
• Courts have consistently upheld the right to a peaceful environment, balancing it with religious freedom under Article 25 of the Constitution.

Detailed Insights:

• The Noise Pollution (Regulation and Control) Rules, 2000, under the Environment (Protection) Act, 1986, regulate noise pollution, requiring permission for loudspeaker use and generally banning it between 10 pm and 6 am.
• Rule 5(3) allows state governments to permit loudspeakers between 10 pm and midnight for cultural or religious occasions, but this exemption is limited to 15 days annually and subject to strict conditions.
• The Supreme Court has affirmed that the right to a peaceful environment is a fundamental right under Article 21, and freedom of speech under Article 19(1)(a) does not allow forcing unwilling audiences to listen through "aural aggression".
• High Courts, including Bombay and Allahabad, have enforced noise rules, clarifying that loudspeaker use is not an essential part of any religion and introducing concepts like cumulative noise levels for enforcement.

Key Concepts Involved:

• Noise Pollution (Regulation and Control) Rules, 2000: Regulations governing and limiting noise levels in public and private spaces.
• Article 21: Part of the Indian Constitution guaranteeing the protection of life and personal liberty.
• Article 25: Part of the Indian Constitution guaranteeing freedom of religion.