Noise pollution control an eyewash in Bengal, says court; CPIM MP ‘proves’ the allegation within hours

A coincidence, as loud as one can be.

On last Monday hardly few hours after Eastern Zonal bench of National Green Tribunal observed that no effective action has been taken by police to control noise pollution in Kolkata and rest of West Bengal; CPM MP and former Mayor of Kolkata Bikash Bhattacharya violated noise norms at broad daylight in College Street campus of Calcutta University within shouting distance of posse of policemen and women, but no action was taken

During Monday’s order, the bench, comprising Justice B. Amit Sthalekar and Expert Member SaibalDasgupta, called the monitoring of noise pollution by police as “an eye wash”, effectively echoing with what the environmental activists have been complaining for long.

“It is mentioned that 800 Sound Level Meters and 800 Sound Level Calibrators have been distributed among the police stations including the traffic units for its use in different districts of West Bengal. Prima facie, we find that 800 sound level meters and 800 sound calibrators in the entire state and all the districts and police commissionerates under West Bengal and Kolkata police are absolutely an eye wash and dearly insufficient for purposes of measuring and monitoring noise pollution in the state” reads the order.

“This shows that effective no action has been taken towards control and checking of noise pollution in the City of Kolkata and the overall state of West Bengal” further stated the order.

Within hours, Bhattacharya, a lawyer himself, allegedly used a microphone and two large boxes to make an impassioned speech against lawlessness in state and centre in front of few hundreds left minded university workers in open; completely violating the law of the land.

“I was surprised to see him talking over microphone right within the university, and the sound revervated throughout the campus through two large boxes” said an University teacher who was present in College Street campus during the speech.

Bhattacharya spoke during the open plenary of an annual conference organized by Calcutta University Employees Association.

Education institutes are silent areas and use of a microphone is completely barred within 100 metres of such institutes; including the institute itself. Incidentally the College Street area from “Medical College Hospital to Presidency College and its 100 meters surrounding” was declared exclusively as a ‘Silent Zone’ by state government on Feb 7, 2008 vide a gazette notification.

Bhattacharya admitted that he spoke on the microphone but claimed that “requisite permission was taken by the organisers from university authority”. When this correspondent asked how he could use microphone within university, a silent zone; Bhattacharya reiterated that the permission was obtained.

“How can we give any permission to use microphones within the campus when everybody knows it’s illegal?” countered a senior university official.

“It’s a blatant violation of noise rules and police should have lodged an FIR suomoto” stated environmentalist SubhasDatta adding that the incident vindicates what the NGT has declared in their order.

“It was completely illegal, forget about the university campus; the entire area with a series of academic institutions and hospital was declared a silent zone many years back, police should not have allowed it ” agreed BiswajitMukkherjee, former PCB chief law officer. As per noise rules, any use of microphones in the open requires police clearance.

“Neither anybody sought, nor we gave any permission to use microphones within university campus on Monday”, said the officer in charge of Jorasanko police station to this correspondent. “Police was outside the gate” said the official when he was quizzed why police did not take any action despite seeing the obvious violation.

Incidentally apart from obvious violation of using microphone in silent area, the act of Bhattacharya also squarely violated the norm – prodded by judicial order – that completely bans use of microphone in open within state during the stretch of any major examination; and the higher secondary examination is currently on.

The police official however said that they have not received any complaint from either police or anybody else regarding the matter.

“The Bikash Bhattacharya incident not only vindicates what the tribunal alleged on the same day but also underlines the model of noise rule violation in city and rest of the state. Somebody violated the norms in broad daylight in front of hundreds; nobody including police could see and hear anything, no complaint was lodged, hence no case has been filed and no action could be taken … period” explained an activist associated to the environment platform Sabuj Mancha.

“Bhattacharya is not an exception; rather a rule, as all political parties use microphones within the campus and blatantly violate the noise norms; and this has now become an established practice” said a university official.

“This applies to rest of the state as well as all political parties and leaders break noise rules as a rule throughout the state with administration, be it PCB or police, looking in other direction” added Mukherjee.

As per Noise Rules 2000, the violators may be prosecuted under Section 15 of Environment Protection Act; that mandates fine uptoRs 1 lakh; or, imprisonment up to 5 years.

Incidentally Kolkata is the pioneer in noise regulation within country, and considered a benchmark of action, once the late Justice Bhagawati Prasad Banerjee passed series of orders during late 90s against noise pollution in open and pushed the then state administration to act against the violators