Amendment notification to Noise Pollution

To: Mr. Vijai Sharma,
Secretary to the Government of India,
Ministry of Environment and Forests,
CGO Complex, Lodhi Road,
New Delhi 110 003.

Mr. R. N. Jindal,
Additional Director (CP Division),
Room No. 556, Paryavaran Bhawan,
New Delhi – 11510
E-mail: envisect@nic.in

cc: Sumaira Abdulali - AWAAZ Foundation, E-mail: sumairaabdulali@yahoo.com
cc: Mr. Jairam Ramesh, E-mail: Jairam@vsnl.com

Subj: Amendment notification to Noise Pollution (Regulation & Control) Rules 2000

Dear Mr. Sharma & Mr. Jindal,

I am a resident of rural Uttara Kannada District, Karnataka. I have read the "Supreme Court on Noise" authored by Messrs. R. C. Lahoti & Ashok Bhan.

A friend of mine in Mumbai bemoaned the fact that enforcement of these guidelines have resulted in the demise of many outdoor cultural events, while political and religious infractions are rampant. In rural India, blaring speakers, Air Horns, loud noise made when locking and unlocking vehicles and the jingle of reversing vehicles are major sources of Noise Pollution that are constant – day & night.

Earlier this year I visited Kerala and was aghast at the volume of music emanating from temples. The daily call of the Mullah over the PA system is another issue.

Below are my comments:

Establishing norms that portray India as a Developed Country:
India is maturing and is a major economic power in this region. Economic growth will lift more people out of poverty and enable them to enjoy a better Quality of Life. We must prepare for the future and establish norms that reflect that of a Developed Nation.

Establishing a consistent set of norms that meets the “common denominator” expectations of all citizens for day-to-day life, is easily established. It is the exceptions that are contentious.

Accommodating India’s rich cultural heritage while embracing the future:
The biggest challenge is to maintain India's rich cultural and religious diversity and improve the Quality of Life of all citizens. In addition, conformity should be instituted and applied throughout India with no exceptions.

In maintaining cultural and religious heritage, I recommend norms that were prevalent at the dawn of religion and culture. There were no electrical devices then. However, it is suggested that exceptions be made for specific religious functions as noted below.

Two sets of norms recommended – Daily 24x7 norms and exceptions:
As indicated earlier, a “common denominator” set of guidelines should be established that has 24x7 applicability. This set of norms is devoid of any cultural, political, social or religious bias.

A second set of guidelines should be set up to address the needs of society and would relax the 24x7 norms. Activities that would be heard by the public, that involve noise over a pre-determined level should require permission and a pay for privilege fee. This would constitute a revenue stream.

Issues commented on:

• The biggest issue is loud speakers (including noise emanating outdoors from the indoor use of speakers) at marriage, cultural, social, political and religious functions.
• Excessive noise producing instruments and equipment
• Fire crackers
• Cultural Music events
• Enforcement

Loudspeakers:
A common set of rules should apply to all. There should be no differentiation between faith, state and civil issues.

Permission for the use of loudspeakers within acceptable guidelines and timings for Public Meetings, Marriages, Social/Entertainment functions and Religious Discourses, etc. should be available for a fee.

Excessive Noise:
Construction in populated areas should be limited between 8AM and 6PM. Exceptions should be made for pouring concrete at night in populated areas and should require permission.

The use of excessive noise producing instruments like drums and tom toms is another contentious issue. Playing of music through portable PA Systems is now common during processions, like during Ganesh Chaturti. A pay for privilege scheme should be established wherein a fee structure is established depending upon instruments used and the size of the processions. A simple procession during established festivals should require no permission.

Clanging noise made during certain Puja’s such as Krishna Jayanti and House Warming should be allowed using conches, and bells/chimes that have predefined audio characteristics.

The use of personal audio devices on speakers (like mobile phones) in shared public transport vehicles should be banned. Use should be restricted to listening via ear phones. Use of loud ring-tones should also be discouraged. Needless to say, the use of blaring air horns and reversing jingles should be banned. Vehicle and ancillary manufacturers should be required to install muted beeps that signal opening/closing of doors and vehicle reversing.

Fire Crackers:
This is a sensitive issue indeed. Traditionally, it is part of Diwali and Tulsi Puja celebrations that take place in close proximity of each other. Lately, it is becoming part of New Year, Independence Day, Republic Day, marriages and entertainment events (like IPL). In keeping with traditions, one set of noise guidelines should be established to govern the use of fire-crackers (slightly more relaxed to accommodate noise making crackers) on specific days during the Diwali and Tulsi Puja period. Another set of noise guidelines should be established for emerging norms, like for Independence Day, Republic Day and New Years.

All other events should fall under the pay for privilege guidelines. If a party wants to burst crackers during a marriage procession, they ought to acquire permission for the size of procession, instruments involved and fire-crackers and pay the appropriate fee.

Cultural Music Events:
India has a rich heritage of Folk & Classical music. Use of loud speakers at these functions should be governed by the noise guidelines. However, use of acoustic instruments and limited percussion instruments should be permitted into the night at festivals and concerts.

Enforcement:
Finally, these guidelines don’t serve any purpose if they are not enforced and are flagrantly violated. And as indicated earlier, they should be consistent across the country. However, India is a diverse society and it is possible that a set of rules that works for one region is too restrictive for another. Multi-religious, multi-ethnic body should be appointed that recommends exceptions that can be bubbled up to the National Level. This is a people’s issue and people should be actively encouraged to take part in the formulation of these guidelines through a constant process of dialog.

Regards,

L. K. Advani - The mouse that roars...off & on

Lal Krishna Advani represents the "old Hindustan", that was responsible for the stifling "Nehruvian Rate" (mistakenly called the Hindu Rate) of progress. Until the BJP came to power he was a mouse for the most part. The world has changed drastically. He is totally unqualified to lead Hindustan in the current economic and global environment. He doesn't appeal to youth of the country. Time to pass the mantle to a younger group of people who are more in touch and qualified to deal with the world’s economic environment.

Lal Krishna Advani was born in 1927. http://www.lkadvani.in/eng/content/view/341/256/.

He joined the RSS in 1942. Other than being involved in RSS activities, he makes no mention of any significant role in Hindustan's Independence movement. Most of his "formative political years" were spent in organizing and administrativ activities wherein he established himslef as a good party man. Through the Nehru years he was a party loyalist working his way first in the Bharatiya Jana Sangh (in 1958), which merged with the Janata Party (in 1975) and later became the Bhartiya Janata Party, founded in 1980.

He was elected to the Rajya Sabha in 1970 while with the Jana Sangha. He writes; "In my early speeches in the Rajya Sabha, I articulated my thoughts on some issues that I have subsequently raised in Parliament in one way or the other during the past decades. These were: how to strengthen the unity and integrity of the country; how to safeguard our democratic institutions and make them more effective; why the ruling party must learn to respect the voice of the Opposition; and how to make Centre-state relations smooth and harmonious." In other words, he warmed the bench in the Rajya Sabha and was a "talking head".

He became the BJP in President in 1986, and the hitherto "mouse" began to make some noises….occasionally. He rose to prominence with his Ratha Yatras and probably had something to do with the Babri Masjid demolition. While these allegations probably would not hold up in a court of law, it is hard to believe an RSS member not having any knowledge of an activity that was obviously pre-planned. Either that or he was woefully out of touch with the RSS or lying. Either way….clean bowled on one aspect or the other.

As the Home Minister during the Kandahar hijacking incident, the mouse ducked. He claims that he was not involved in some of the critical decisions taken. So he was not in charge or lying. Either way….clean bowled on one aspect or the other.

He criticized Dr. Manmohan Singh as being the weakest PM India has seen. Things got personal and ugly. Dr. Manmohan Singh was heading up a fragile coalition during his first tenure and has emerged victorious with UPA II. The mouse during the Kandahar episode was vanquished.

The BJP positioned the 2008 election as a choice between Advani and Dr. Manmohan Singh. The mouse roared and lost. The party found another scapegoat to sacrifice and the mouse sat still.

When Jaswant Singh was expelled, the mouse kept quite. No support for a learned and respected colleague! As a prominent member of the party, one has to take a stand either for or against the issue. One can’t sit on the sidelines with their tail between their legs. Either way….clean bowled.

Based on recent events, with the expulsion of Jaswant Singh and side lining of other "thinking" individuals, the BJP has demonstrated a complete lack of "Intellectual capacity" and is portraying itself as a dogmatic party that pays more importance to "Moral Policing" than ascribe to the values that Vajpayee promoted.

Advani is shackled by the BJP ideology (dogma) and its upholding of traditional values, one of them being; "Respect for Elders". Good value no doubt, but the elders should realize that their prime is past and ought to make way for the youth.

So long Advani, time to be the mouse that you are and fade away.

A Politically Incorrect Analysis

The BJP big wigs squatted in Shimla at their "Chintan Baitak" (Aug 19th-22nd, 2009) and agonized over their defeat in the Lok Sabha elections. What ought to have transpired.

Let's start at the top. Advani is a dinosaur. He doesn't appeal to youth of the country. He represents the "old India", that was responsible for the stifling "Nehruvian Rate" of progress. On the other hand, Dr. Manmohan Singh, with all his faults (no charisma, Mr. Mumble, robotic...) is genuine, has a brilliant mind that is honed for the current world economic dynamics and he has a gentle heart.

The BJP's Hindutva angle resonates wherever there is a significant Hindu-Muslim divide like in Gujarat and Karnataka. However, this does not appear to resonate at the National level. And so the BJP has relegated itself to more of a Regional Party with some National Presence. And the Congress has asserted itself as a National Party.

Looking back at the election rhetoric, the Congress harped on its secular credentials and that it has served the country well during its administration. Both are perceived as valid claims, even if its approach to secularism is to treat each religious group differently. And the fact is, the country has done well during the last five years and has weathered the economic downturn.

Rahul Gandhi played a very important role and really hit his stride. He energized the youth and a number of young Congress candidates featured in the news. The BJP on the other hand is shackled by its ideology (dogma) and its upholding of traditional values, one of them being; "Respect for Elders". Good value no doubt, but the elders should realize that their prime is past and ought to make way for the youth. The Congress has positioned Rahul as the successor to the Party Leadership. The BJP has announced no clear heir and the name Modi is mentioned. Another oldie!

The NREGA program is a big boon to the rural Uneducated, Unskilled and Unemployed. That sure must have brought in the Rural Vote. The BJP on the other hand harped on National Security and blowing smoke up the PM's behind, which back fired. It is one thing to take jibes at the PM at cocktail parties and informal gatherings. Things got personal and ugly.

Another factor that hurt the BJP is the emergence of Federalism: Coincident with this election is the establishment of Federalism and strong regional parties that are leading their respective State Governments and focused on their regional issues. Naveen Patnaik's dumping the BJP was a masterful stroke. This emergence of Fedralism represents a maturing of the people of the country. The States should wrest more power from the Center, with Members of Parliament focusing on National Issues like across the board consistency in commercial, legal and education policies, Defense, Foreign Policy, Fiscal/Monetary Policy etc. Right now Delhi grabs too much from the country and has taken the place of the British Crown. Getting funds is not a problem for Sheila Dixit. Efficient execution of programs is her challenge.

What remains to be seen is whether the UPA will work effectively with the non-UPA led states, like Bihar, Orissa, Gujarat, Karnataka etc. The "Duryodhana Complex" is endemic in India where one is not happy with what they have, they want what is not theirs, they are dissatisfied with their own success, and in order to look better, they will put down their opponents. Instead of running faster, and performing better, the focus is on coasting and bashing the opponents/competitors. The fact is that the States have power, they just need to assert it.

Interesting times ahead. Migration away from Vote Bank politics to Development: Rahul Gandhi in his infamous press conference cited Nitish Kumar (Bihar) and Naveen Patnaik (Orissa) as good examples of pro-development and secular leaders. We are a mini-Europe and we need to "devolve power" to the States. It is interesting to note, he could not cite (even if he wanted to) a single Congress Chief Minister that has done good for his/her State, with the exception of Sheila Dixit who leads a tiny "state". The reason cited by some, is that the Congress CM has to get approval from the "high command" on every decision he/she takes. Maharashtra for instance is cited as the worst performing Congress lead State. But the political mandate is clear. People want "Development" and "Jobs".

Based on recent events, with the expulsion of Jaswant Singh and side lining of other "thinking" individuals, the BJP has demonstrated a complete lack of "Intellectual capacity" and is portrating itself as a dogmatic party that pays more importance to "Moral Policing" than ascribe to the values that Vajpayee promoted.

जय हो,

Let's Get Truly Secular

Upholding secularism was a clarion call in the recent elections. All the non-NDA parties coalesced around this banner pushing the BJP into a corner that it found hard to defend. So given the broad consensus on "secularism", let us get Truly Secular.

True Secularism would mean a consistent "non-denominational" set of laws for all Bharatvasis. Not one set for Hindus, another for Muslims and yet another for Christians. Having a Universal Law that is applied to each citizen regardless of their religious affiliation would be true secularism.

And it is time to separate Faith from State. Faith issues should be devoid of any governmental and political control. For instance the BJP's insistence that the Vande Mataram should be sung in all public schools is unacceptable, and rightly so to non-Hindus. It mentions Goddess Durga and there is subtle reference to her being the "Mother".

As part of being secular the government and politicians should have no say in religious organizations as long as the religious organizations operate within the law and act ethically. There is a hue and cry over Christian organizations flush with cash from foreign sources enticing the desperately poor to embrace Christianity in return for assistance. My heart goes out to the poor, who have no one to turn to and so "sell" their faith for survival. In a secular society people should have the freedom to embrace and practice any religion of their choice provided they are not coerced or forced. One could argue that this "purchasing" of a person's faith is a business deal and one of garnering "market share". And so look at it as a commercial activity and apply laws of commerce. A person willingly "selling" their faith allegiance in return for assistance should be treated as a personal issue. Whether there ought to be anti-conversion laws or not, is a debatable issue. One could consider anti-solicitation laws applicable to this issue. So let’s get secular and debate this issue in court and come to some mutual consensus that is enacted into law. Make this an issue for the courts to decide.

Currently many temple boards have political appointees and the government takes a cut from donations made to a temple. Granted religious organizations should be governed, however this should be done by third party committees consisting of members of their respective congregation. And the same set of rules should be applicable to all religious entities, be it a temple, church, synagogue or mosque.



And there is the issue of monetary assistance being given to poor Muslims who wish to make the journey to Mecca. This is an issue of tax payer money being spent on a religious activity and violates the very tenet of secularism.


No religious artifacts ought to be displayed in Government Offices, unless it is displayed in a personal context in an official's office. i.e. an individual should have the freedom to display articles of their faith at their office or work station.

And so the time has come to be Truly Secular and establish a wall of separation that prevents the intrusion of the Government into Religious and Faith issues. Like wise, specific faith issues should be outside the ambit of the laws. What we need to do is  establish ONE set of laws that govern ALL Bharatvasis regardless of their religious affiliation.