Suffering From Noisy Celebrations: A New Normal?

 Suffering From Noisy Celebration: A New Normal?

 Wedding season is indeed full of fun, enjoyment and entertainment. However, it is also a season of profound annoyance and disturbance. The celebration of New Year’s Eve is no different either. In the name of entertainment and fun, individuals often opt for something which begets nothing except suffering and annoyance for the individuals in the periphery. Every occasion in our society comes with loud music. During the wedding season, the organizers engage themselves with loud music for 4 to 5 hours at a stretch, especially at night.

 The EPA (Environmental Protection Agency) defines noise pollution as “unwanted or disturbing sound,” explaining that “sound becomes unwanted when it either interferes with normal activities such as sleeping or conversation or disrupts or diminishes one’s quality of life. The annoyance can have major consequences, primarily to one’s overall health.”

 Most people in our society are keen to work at night. Particularly, students are the worst sufferer of unwanted noise at night. Such noise undoubtedly creates obstruction the productivity of both students and professionals of different levels. These noises also restrict the proper sleep of any individual. Due to the high volume, it becomes difficult for the individuals to sleep properly and failure to sleep properly questions the productivity of the next day and the cycle continues. Most of the localities in Dhaka experience at least two weddings per week in winter, especially in December and January.

 These noises at night aren’t only affecting any certain individual or a group, rather it affects each and every member of that locality. This is indeed a great threat to national progress and prosperity.

 According to the Centers for Disease Control and Prevention, “Listening to loud noise for a long time can overwork hair cells in the ear, which can cause these cells to die. The hearing loss progresses as long as the exposure continues. Harmful effects might continue even after noise exposure has stopped. Damage to the inner ear or auditory neural system is generally permanent.” Thus, such kind of entertainment is adversely affecting human lives to a great extent. Nevertheless, older people are more vulnerable to such kinds of actions.

The National Emergency Service 999 reported receiving 9,238 complaints in 2021 over loud fireworks, loud music, various programs, and other loud noises. In 2020, there were 7,952 people. This indicates a 16% annual rise in the number of complaints.

Lately, there have been incidents that gravely affected the public at large. Reports confirmed that individuals succumbing to noisy celebrations have been almost a common thing during any celebration. Nevertheless, it has to be observed that, not only humans, but birds and other animals are also one of the worst sufferers of such noisy celebrations. Birds face reproductive complications due to such noises. Also, experts have expressed their views that loud noise during the night lowers egg production. Chickens like all vertebrates are governed by a circadian rhythm that is governed by the natural light/dark cycle of day and night and waking up the chickens at night with loud noises will lead to stress and anxious chicken. In this way, it affects the density of egg production. Noise pollution has always been a great threat, however, these added arrangement concerning noisy celebration has been affecting the quality of human and animals extremely.

 There are numerous instances where such action has been considered unlawful. On the grounds of public nuisance and ‘The Noise Pollution (Control) Rules 2006’, the consequences of such action have been addressed.

 CHAPTER XIV of the constitution of Bangladesh concerns offences affecting public health, safety, convenience, decency and morals, where the issue of public nuisance has been addressed.  S.268 of the  Penal Code, 1860 states that “A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, dangers or annoyance to persons who may have occasion to use any public right. A common nuisance is not excused on the ground that it causes some convenience or advantage.” Here, noisy celebrations deriving from loud music and fireworks should be considered a form of public nuisance and it must be dealt with accordingly.  

 S.290 of The Penal Code, 1860 addresses the punishment followed by the issue of public nuisance. This provision states that, “Whoever commits a public nuisance in any case not otherwise punishable by this Code, shall be punished with a fine which may extend to two hundred taka” Furthermore, S.291 of the same provision states that, “Whoever repeats or continues a public nuisance, having been enjoined by any public servant who has lawful authority to issue such injunction not to repeat or continue such nuisance, shall be punished with simple imprisonment for a term which may extend to six months, or with fine, or with both.”

Therefore, it can be said that an aggrieved individual has the scope to protect his/her right under the laws of public nuisance.

 Along with restrictions imposed by the laws of public nuisance, noise pollution is also governed by 'The Noise Pollution (Control) Rules 2006', where different measures, restrictions and control mechanisms have been addressed to minimize noise pollution. The rules correctly addressed the issue of pollution based on areas like silent areas, residential areas, mixed areas, commercial areas, and industrial areas. Different areas have different measures and limitations. The limitations are measured in the scale of decibels. However, the rules stated that, with prior permission, there can be an extension of the time limit, but not more than 10 PM and it can’t be of 5 hours long.

 In accordance with the Rule, the concerned officials may issue a written directive for any deviation from the established limits; failure to comply is a crime punishable by up to one month in jail and/or a fine of up to 5,000 BDT. One may get a fine or a prison sentence of up to 10,000 BDT for a second or subsequent offense.

 Experts believe that the law is not feasible enough. Most individuals in society are not aware of the procedure and scope to measure in decibels. At the same time, the time limit is not seemed to be maintained accordingly. The noises concerning loud music sustain even after 10 PM and the individuals are not seemed to get charged for the wrongdoings. Since they are not charged with any offence even after not following the prescribed guidelines, people started to doubt the existence of the status quo of the law.

 Such kind of actions exposes individuals to the risk of different deadly diseases and permanent harm. Not only this, as addressed above, there are reports where individuals died due to such noisy celebrations. Albeit there are such fatal consequences of such celebration, the individuals are less likely to get charged for the action, which further questions the feasibility and status quo of the law.

To prevent individuals from the atrocities of noisy celebrations, a practical approach concerning feasibility and effectiveness has to be adopted. Additionally, the law enforcement agency has to be stricter with the application of the law.

 However, it must be noted that modification of the law is not enough if we are not compassionate, sympathetic and responsible regarding our celebration. The celebration must not be the cause of someone’s suffering and anxiety.

 The writer is a 2^nd Year LL.B Student at London College of Legal Studies (South).

The writer can be reached at fateenfarhan62@gmail.com