The Problem with Noise Pollution and our Laws

In 2022, one of the most concerning impacts of noise pollution was witnessed when a four-month-old child succumbed to death amid excessive noise of fireworks during new year-eve celebrations. This is but one instance; excessive noise during such celebrations impacts an array of vulnerable individuals, including the elderly, children, and the ailing. Unwanted noise also affects fetal, neonatal, and pregnancy health. The national and local election campaigns are another phenomenon, which adds to noise pollution to a great extent.

Unknown to most, in order to deal with noise pollution, we have in place the Noise Pollution (Control) Rules 2006 (NPCR). The NPCR allows only 50 dB(A)Leq to 75 dB(A)Leq of sound during daytime (6 AM to 9 PM) and 40 dB(A)Leq to 70 dB(A)Leq of sound during nighttime (9 PM to 6 AM) depending on the type of the area (silent, residential, commercial, industrial, and mixed area) as per schedule 1. Rule 7 mandates that this standard shall not be violated without prior permission obtained from the appropriate authority.

It is important to mention here that human beings are not the only sufferers of noise pollution. Deafening noises become the reason for death or distress to innocent animals and birds as well. Rule 10(3)(c) of the NPCR prohibits the use of sound equipment that crosses the maximum sound limit at any place, where there is a possibility of disturbing and endangering the habitat, roaming or reproduction areas of birds or other wild animals even if the place is earmarked by the district administrator or divisional forest officer as a picnic spot.

Interestingly, rule 1 lays down a range of areas where the NPCR shall not apply. Besides this general exemption, rule 9 keeps open exceptions on various grounds permitting the surpassing of standard sound level e.g., marriage or other social events, cultural events, sport events, etc. at open or semi-open places. It also provides such a wide exception in rule 12 regarding election campaigns, allowing the use of sound equipment exceeding the standard sound level except in silent areas subject to the instructions of the Election Commission or existing rules.

The NPCR came into being almost 17 years ago and till today no changes have been made to the Rules. According to the report of the United Nations Environment Program (UNEP) of 2022, Dhaka is the noisiest among 61 other cities in the world. Therefore, it is safe to say that the current legislation is miserably failing to combat noise pollution. In order to tackle this problem and to ensure a healthy and safe soundscape, the Rules ought to be amended to meet the needs of the hour. It is important to revisit the wholesale exceptions and exemptions and to bring public awareness so that noise pollution can be adequately dealt with.

The writer is a student of law, Bangladesh University of Professionals.