The Allahabad High Court has taken suo motu cognisance of the death of a class 2 student after she collapsed inside her classroom while a procession carrying a loud DJ system was passing by in Balrampur, observing that the incident raises larger questions over the unchecked menace of noise pollution.
A Lucknow bench of justices Rajan Roy and Manjive Shukla, which was hearing a PIL concerning the misuse of pressure horns, modified silencers and hooters, said the circumstances warranted registration of a separate suo motu PIL dealing specifically with noise pollution and compliance with statutory provisions.
The girl, a student of Divine Public School on City Palace Road in Bhagautiganj, Balrampur, reportedly collapsed in her classroom on September 22 when loudspeakers and a music system were being played at high volume during a nearby procession. She was taken for medical treatment but could not be saved.
The court, however, made it clear that it had not reached any conclusion regarding the cause of the child's death.
It observed that the fact that loudspeakers or musical instruments were being played at a very high pitch and the child collapsed immediately thereafter was sufficient for the court to take cognisance of the matter.
The bench observed that noise pollution was becoming a menace despite its recognition under the Environment Protection Act, 1986 and the Noise Pollution (Regulation and Control) Rules, 2000.
It noted that violations of the rules were being witnessed regularly and questioned who was responsible for curbing the menace and what measures were being taken in this regard.
The court said that if the existing measures were not sufficient, a mechanism involving regular monitoring of compliance with statutory provisions would have to be put in place.
It also emphasised the need to create awareness among citizens, observing that lack of awareness was one of the main reasons for violations.
Taking particular note of the circumstances surrounding the child's death, the bench expressed hope and trust that her parents and the school authorities would not be pressurised and that the functioning of the school would not be unnecessarily interfered with by any person or state authority.
The court asked senior advocate Gaurav Mehrotra, who is assisting it as amicus curiae, to assist in the newly registered suo motu proceedings.
It directed the state counsel to obtain reports from the Balrampur district magistrate and superintendent of police and ensure that a copy of the order was served on the school so that it could assist the court regarding the September 22 incident.
The new suo motu PIL will examine compliance with the Environment Protection Act, 1986 and the Noise Pollution (Regulation and Control) Rules, 2000, as well as measures required to effectively curb noise pollution.
The court has listed the matter for further hearing on October 12.
(With inputs from PTI)
