Introduction:
When we analyze the airport noise pollution, we can find that these noises produced by aircraft are harmful, which causes severe health consequences, like hearing impairment, sleep disturbance, and heart disease, etc. So, airport noise regulations are regulation or law which help in controlling the noise at the airport. When we see the issue of noise pollution in India, we can find that this issue has been previously raised by the NGT, i.e., the National Green Tribunal at the time of hearing the petition of Bijwasan and Vasant Kunj in the South Delhi. A residential area which is near to the (IGIA) Indira Gandhi International Airport.
Discussion
By seeing the Airport noise pollution in India, the Union Ministry of Environment has issued a notice under which they are going to set a noise standard for all the airports in India. And under this, there is an exception for the aircraft of defense and to those aircraft that are taking off and landing. They clearly stated in that notice that these noise standards would be equally applicable as a standard of the industrial zone.
The rule mentioned in the notice says that any busy airport in India which has the movement of more than 50,000 aircraft per year.[1] Then the noise of that airport should not exceed the limit of 75 dB (Decibel) during the time of day, i.e., (6 am to 10 pm), and at the time of night, it should be within the limit of 65 dB from (10 pm to 6 am).[2] And all the remaining airports which have the movement of less than 50,000 to above 15000 aircraft per year will have a limit of 65 dB during the time of day and 60 dB at the time of night. These levels will be measured at the different points on the airport, and these limits will also have a tolerance limit of 10 dB, and if the limit gets exceeded, then it is the duty the control it.[3]
Significance
The campaigners of Anti-Noise have said that this notice is going to override the laws related to the noise zoning, which also include the residential or silence zone law, which can be a hazard for health. Because the rule states that all the new airports can be planned in any place, which also includes places near the hospital, court, and school, etc.[4] An airport noise zone means any area or place for the airport, which is defined as a noise contour for night and day by the airport operator, which is based on the rule of the civil aviation ministry. This rule also states that for proposed, an upcoming and new airport, the operator airport must do a noise modeling, and the result of doing this should be given to the Ministry of Environment, Forests and Climate Change. And they were also compelled to form a noise zone on the respective airport.
Impact
When we have to see the impact of these rules, we should consider how India’s two biggest airports have followed, i.e., Delhi and Mumbai Airport. When we see the impact on Delhi Airport, we can find that according to then, these regulations were considered as a key step for controlling the airport noise pollution in India.[5] Because before this, there was no specific standard that was dealing with airport noise pollution or dealing with the airport noise zones. Delhi Airport followed the notification and started adjusting the timeline according to it.
Now according to the Mumbai International Airport, they also followed the regulation and set the range more below the safety standard, which was issued by the government.[6] They have also launched a noise monitoring system so that airport noise pollution can be controlled. They all have taken this seriously the noise pollution by aircraft during the movements on the airport. So there was a good impact seen of these regulations on the Indian airport so that these regulations help in controlling the noise pollution.
Statutory Provisions
The mains provisions for controlling noise pollutions in India:
Noise Pollution Control by Indian Penal Code
According to section 268 of the Indian Penal Code, 1860, it states that noise is considered a public nuisance. According to which if a person does noise pollution by which injury is caused to the neighborhood with respect to their comfort or health, then that particular act is considered as a public nuisance.[7] And if the airport noise pollution discomforts the neighbor, then that pollution is also considered a Public nuisance and can be punished under the Indian Penal Code.
Noise Pollution (Control and Regulation) Rules, 2000
The union government on 14 February passed this rule by using their power under the Environment Protect Act 1986 so that they can control the rapid increase in noise pollution by different sources at public places, which causes a public nuisance.
Control of Noise Pollution by the Constitution of India
When we see the constitution of India, we can find that it does not directly mention controlling aircraft noise pollution. But it mentions protecting the environment like in Article 51 A (g), which mentions protecting the natural environment.[8] And Article 48 A, which mentions protecting and improving the environment and protecting wildlife.[9] It indirectly means that there should not be noise pollution because it not only affects the human being but also affect the environment and wildlife.
Noise Pollution Control by The Air (Prevention and Control of Pollution) Act, 1981
Under this act before the 1987 amendment does not mention the range of the noise pollution that should be regulated. But after the passage of the amendment in 1987, any voice above some range was recognized as noise pollution. This amendment also extends to the air law, for including the precautionary measures so that the noise pollution can be controlled.
Case Laws
Griggs v. Allegheny County
In this case, Allegheny was holding the responsibility to maintain the Airport and handle the path of the aircraft. Also, handle the landing and take-off of the aircraft, due to which aircraft fly at very low altitude.[10] Petitioner gets disturbed due to aircraft flying at low altitudes. So, the court held that that country should pay compensation.[11]
Luedtke v. County of Milwaukee[12]
In this case, the also plaintiff alleged that the passage of aircraft at lower altitudes causes noise, dust, fumes, vibration, etc. Therefore, the plaintiff charges the defendant with nuisance, negligence, etc. So, the court held that if there is evidence against the defendant, then they should pay the compensation. And the court also says that these problems are normal with modern-day aircraft; therefore, it’s the responsibility of the defendant that there is sufficient area for the normal activities of the airport.[13]
State of Illinois v Butterfield[14]
In this plaintiff alleged that there is an increase in the number of aircraft operations, which causes noise pollution and air pollution. Therefore, staff that chooses the path of the aircraft and FAA policy which is responsible for the increase in the number of aircraft operators should be liable to give Environment Impact Statement (EIS).[15] So, the court held that it is the duty of both the authorities to give the Environment Impact Statement if there is an increase in the operation of the aircraft, and all the airport should do it.[16]
So, according to all these case laws, we can say that there are decisions taken by the court for providing compensation if there is a nuisance due to airport noise pollution. And there should be some law to govern the airport for controlling the noise pollution.
Analysis
When we see the amount of pollution, we can find that the last decade has seen one of the biggest hikes in pollution. And due to this upcoming generation has to face a real disaster. When we see the same scenario related to noise pollution, we can find that earlier this was not considered as pollution because it does not affect instantly and just causes a nuisance, but after some time, it causes a health-related problem. In this airport, noise pollution is one of the important parts of it. For this, there are some steps which were taken by the union ministry of the Indian government so that noise pollution by the aircraft can be reduced by putting the limitation on the level of noise by the aircraft at night and on the day.[17] So the noise produces by the aircraft does not disturb the people living in the residential area. And this decision of the government is welcomed by the Mumbai and Delhi international airports. Hence, it can be said as a good effect, but there is some adverse effect on everything.
Conclusion
By the above analysis, we can conclude that nuisance which is caused by the noise of the aircraft has been recognized by the policymakers and different authorities that it causes a harmful effect and shall be reduced and avoided. So, these regulations are formed, which have a priority to reduce the noise by adjusting the procedure of landing and take-off, but these regulations are not sufficient enough. But it can be considered as a small step which can become a base for considering this big problem which has a drastic influence over the health of the human being. And can be considered as one of the best decisions in favor of the environment and for the people.
References:
[1] Saumya, Airport Noise Regulation in India, July 2, 2020, available at https://judicateme.com/airport-noise-regulation-in-india/.
[2] Id.
[3] Id.
[4] Badri Chatterjee, Govt sets noise standards for airports across India, July 09, 2018, available at https://www.hindustantimes.com/india-news/govt-sets-noise-standards-for-airports-across-india/story-ulukaD7YUwFf26DqwqMnBJ.html#:~:text=The%20rules%20state%20that%20busy%20airports%20%E2%80%94%20a%20civil%20airport%20with,night%20(10pm%20to%206am).&text=Proposed%20airports%20however%2C%20are%20excluded%20so%20far.
[5] Id.
[6] Id.
[7] The Indian Penal Code, 1860, Section 268.
[8] The Constitution of India, 1950, Article 51 A (g).
[9] The Constitution of India, 1950, Article 48 (A).
[10] Griggs v. Allegheny County, 369 U.S. 84 (1962).
[11] Id.
[12] Luedtke v. County of Milwaukee, 371 F. Supp. 1040 (E.D. Wis., 1974).
[13] Id.
[14] State of Illinois v Butterfield, 396 F. Supp. 632.
[15] Id.
[16] Id.
[17] Supra Note 1.
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