The Police are harassing the small tourist guest house owners at the behest of false complaints registered on PCR No 112 for violating section 4 and 5 of Noise Pollution (Regulation and Control) Rules, 2000 and section 15 of the Environment Protection Act, 1986 without application of mind weather that the provision of section 4 and 5 attracts the severity of punishment read with section 15 of the Environment Protection Act,1986 for allegedly using a musical instruments beyond its prescribed time limit without following procedures as laid down in section 19(1) of the Environment Protection, Act,1986.
Noise is considered as public nuisance under Section 268 of the Indian Penal Code and thus, there is a criminal liability of a person relating to his illegal omission resulting in common injury, danger or annoyance to the people in general. The acts of public nuisance have been made punishable under Section 290 of the Indian Penal Code which provides that whoever commits a public nuisance in any case not otherwise punishable by the Code shall be punished with the fine which may extend to two hundred rupees. The solutions to noise pollution may be characterized as private or public remedies.
