Supreme Court of India · 2005-10-28
FORUM,PREVENTION OF ENVN&SOUND POLLUTION vs UNION OF INDIA
- Citation / case number
- SC 2003/17507
- Court
- Supreme Court of India
- Petitioner
- FORUM,PREVENTION OF ENVN&SOUND POLLUTION
- Respondent
- UNION OF INDIA
- Author
- R.C. Lahoti
- Bench
- ASHOK BHAN CJI R.C. LAHOTI
Judgment text excerpt
The Supreme Court upheld the constitutional validity of sub-rule (3) of Rule 5 of the Noise Pollution (Regulation and Control) Rules, 2000, which allows the State Government to permit the use of loudspeakers at night for cultural or religious occasions, stating it does not violate Article 21 of the Constitution. The Court reiterated that freedom from noise pollution is part of the right to life under Article 21, emphasizing the need for peace during nighttime. The judgment affirmed the High Court's decision that the sub-rule is intra vires and serves public interest by allowing limited exemptions.