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october 2005

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.

FORUM,PREVENTION OF ENVN&SOUND POLLUTION vs UNION OF INDIA · Niyam