CJ wants loudspeakers banned at night

Wasantha Ramanayake

The Supreme Court directed the Environment Ministry to include regulations for banning loudspeakers between 10 pm and 6 am when the Ministry presented its draft Community Noise Level Standards to Court on Monday.

Chief Justice Sarath N. Silva PC observed that it was desirable to enforce a total ban on the use of loudspeakers and to have provisos in the draft removed.

Justice Shirani Thilakawardane agreeing noted that the provisos would create loop-holes to be abused by some and said the use of loudspeakers after 10 pm should be totally banned. The Bench comprised the Chief with Justice Thilakawardane and Justice Jagath Balapatabendi.

The Chief Justice suggested significant changes to the draft and pointed out that the proviso regulating noise emanating from religious and cultural activities such as beating drums should not be regulated. "These sounds including the human noise have their own limitations," he remarked.

Deputy Solicitor General Bimba Thilakarathna submitted as far they were not amplified by electronic means, they should not be banned in view of the sensitiveness of the issues.

Counsel Senaka Weerarathne for the intervenient petitioner too submitted he was only concerned with the amplified sound by means of electronic devices. Dr. Mahesh Jayaweera of the Moratuwa University, member of the technical team advising the Central Environmental Authority (CEA) on sound pollution sought the court's approval to increase the maximum permissible sound levels applicable for education institutes upto five decibels from the residue sound levels in the particular location.

"The residue sound level is the level of sound of the particular institution when it was not functioning, and this level is less in villages than in towns," he explained.

He said if the residue level is 50 decibels in particular schools, the sound limit permissible for that institution would be 55 db.

Uditha Egalahewa for the Environmental Foundation Limited, a non government organisation submitted that pending the regulations there was an urgent need to strictly implement the Police Ordinance and that an interim order could be made in terms of the Constitution ordering the IGP in this regard.

The rights application originally filed against the time limit imposed by the Weligama Police on the use of loudspeakers in calls for prayers triggered the formulation of the Community Noise Level Standard deemed essential to determine the noise level limitations in public places and residential areas.

The Attorney General earlier submitted that the existing industrial noise levels could not be used in respect of the Community noise levels.

President's Counsel Ikram Mohamed appeared for the petitioners.

Deputy Solicitor General Bimba Thilakarathna appeared for the respondents. Uditha Egalahewa appeared for the Environmental Foundation Limited.

Senaka Weerarathne appeared for the intervenient-petitioner.

The draft incorporating these amendments will be submitted to court on November 9.