COURTS HAVE TO RISE TO PEOPLE’S HOPES

In July 2005, the Supreme Court interpreting the laws on the use of loudspeakers had made it clear that “freedom from noise pollution is a part of the right to life under Article 21 of the Constitution”. In its judgment, the Apex Court stated:

 “Noise interferes with the fundamental right of citizens to live in peace and to protect themselves against forced audience… we are concerned only with the fundamental right of the citizens and the people to protect themselves against noise pollution and forced audiences.” The ruling handed out a blanket ban between 10 pm and 6 am on the use of loud decibel sound systems which disturb public peace, including religious institutions. Subsequently, various relaxations have been granted by High Courts for festive celebrations, with preconditions.

However, Goa is witnessing systemic failure and the collapse of the administration, with the police seemingly hand-in-glove with the night clubs organising high-decibel overnight parties. While the O Heraldo reporter was able to catch the club, which was supposed to be sealed, operating and playing loud music, but neither the District Administration, the Goa State Pollution Control Board (GSPCB) officials nor the police could apprehend the lawlessness that has been disturbing the peace of the villagers near and far across the North Goa’s beach belt.

O Heraldo as a torchbearer has been exposing the clandestine rave parties which have been organised all through the night, with the obvious blessings of government arms and agencies that are expected to enforce the law. Just months ago, on May 4, holding the Director General of Police (DGP) personally liable for repetitive noise pollution violations in the coastal belt, the High Court had said that it is for the top cop to consider whether the usual excuses about denials or some lip service by the police officer should be accepted or not. And here we are, despite exposés of all-night rave parties on the eve of Independence Day in Anjuna, the cops once again had the same lip service response of not having encountered any such sound-blaring event which was disturbing the villagers but surely had the police turn a deaf ear.

Lawbreakers have been functioning with impunity, caring very little for the peace and health of the Goans living in the serene villages. Children, students, office goers as well as the elderly, no one is able to escape the high decibel music blaring every night, irrespective of the time of the year. Earlier, one thought these problems peaked as the tourism season peaked, but with the government ensuring round-the-year tourism, the problems have only soared.  

When loud music at all events, including weddings, can stop at 10 pm, then why do Goans have to suffer the rave party noise? With every Court judgment, the administration and the police have only ensured more tunnels to slush down their share in the illegal trades. From bullfights to matka, every illegal activity is an opportunity to make more money for the corrupt.  

The government has to delve deep into the kind of tourism industry the State will have in the future. Simultaneously, impunity and connivance need to be cracked down upon and the Courts will have to move beyond reprimand, and come down with punitive punishment on the lawbreakers, the government, and its agencies that have been turning a blind eye and a deaf ear to the ever-growing noise pollution crimes in the beach belts of the State. When the protectors have become the oppressors, the Courts of justice are the only place to pin one’s hopes on.

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