Country
India
Sources
InforMEA
Tagging
Air pollution, Jurisdiction, Prevention, Injunctive Relief, Permits, Constitutional, Precaution, Licences, Cooperation, Torts
Abstract
A writ application was filed by Burrabazar Fire Works Dealers' Association against the imposition of ban on certain items of noisy fire works on the ground that the same violates the fundamental rights of the fire works Dealers to carry on trade and business guaranteed under Article 19(1)(g) of the Constitution of India. The Court, after assessing that the Central Pollution Control Board had not laid down any decibel limit and that the applicants have not violated the directions and orders issued by the Pollution Control Board and/or the Police but faithfully carried out the above restrictions and/or impositions of ban, still considered that it must be held that Article 19(1)(g) of the Constitution of India does not guarantee the fundamental right to carry on trade or business which creates pollution or which takes away that communities' safety, health and peace. The order passed by the Commissioner of Police, pursuant to the purported directions previously issued by the Court and the Pollution Control Board of West Bengal have not banned the manufacturing, selling or dealing or using all types of fire work, but only few fire works have been picked up and prohibited which creates noise beyond permissible limit. In India, no effective and elaborate law has been made for controlling the noise creator and all the authorities including International Authorities and/or the Central Pollution Control Board had approached it only on the question of pollution vis-a-vis the deafness and the loss of hearing but not on Article 19(1)(a). But Article 51A of the Constitution has to be kept in mind. A citizen of this country cannot be made a captive listener or captive audience to hear the tremendous sounds which had admittedly other health hazards apart from mere deafness and/or hearing loss. Under Article 19(1)(a), read with Article 21 of the Constitution of India, the citizens have a right of a decent environment and they have a right to live peacefully, right to sleep at night and to have a right to leisure which are all necessary ingredients of the right to life guaranteed under Article 21 of the Constitution. Accordingly, the Court directed the West Bengal Pollution Control Board with the expert committee already appointed, to take a decision on this question after considering all the aspects of the matter including the suggestions and recommendations made by National Committee on Noise Level Control and after giving hearing to the applicants, and shall pass an order fixing the sound level of the fire works in the State of West Bengal and in view of territorial jurisdiction of this Court neither this Court can direct the order effective to the outside West Bengal and accordingly, the Pollution Control Board's decision shall only confine to the State of West Bengal.