19/03/2025
FOR IMMEDIATE RELEASE
Complaint Filed Against Noise Pollution and Violation of Rights at Kozhinjampara Government Upper Primary School
Velanthavalam, India – March 18, 2025 – Premjith K, a class leader and resident of Velanthavalam, has filed a formal complaint with the Kerala State Human Rights Commission, the State Child Rights Protection Commission, the District Police Chief, Palakkad, and the District Collector, Palakkad, regarding noise pollution and the violation of human and child rights at Kozhinjampara Government Upper Primary School. The Kerala State Human Rights Commission has registered a case under the petition number 2562/2025.
The complaint, submitted on March 18, 2025, addresses an incident on March 16, 2025, where a scheduled Kerala Literacy Mission Higher Secondary (+2) Equivalency Class was disrupted by a cultural program organized by the Kozhinjampara Grama Panchayat for Anganwadi children.
According to the complaint, National Lights and Sounds, Kozhinjampara, used high-capacity sound systems without obtaining the required microphone permits from the Kerala Police, resulting in severe noise pollution. Even with classroom doors and windows closed, the sound meter recorded an average noise level of 68.9 dB. The disruption forced the classes to be abandoned.
Premjith K states that repeated appeals to the program organizers, National Lights and Sounds employees, and the Headmaster to address the noise pollution were ignored.
The sound equipment used by National Lights and Sounds, Kozhinjampara, included Ahuja 500 Watts (RMS) amplifiers, two speaker boxes with four large speakers each, and sound mixer boosters.
The following legal violations and references are cited in the complaint:
Noise Pollution (Regulation and Control) Rules, 2000: Violation of rules regarding the use of loudspeakers and sound amplifiers, categorization of areas into industrial, commercial, residential, and silence zones with specific noise limits, Rule 5 restricting the use of loudspeakers and public address systems, prohibition of nighttime use of loudspeakers between 10:00 p.m. and 6:00 a.m., and regulations for exemptions.
Kerala Police Act, 2011: Violation of Sections 77 and 80, pertaining to causing disturbance in public places.
Criminal Procedure Code, 1973: Contravention of Section 143, empowering magistrates to prevent public nuisance.
Supreme Court Judgments: Violation of the right to a noise-free environment as part of the right to life under Article 21 of the Constitution, with references to Church of God (Full Gospel) in India v. K.K.R. Majestic Colony Welfare Association and others (2003 KLT 651 SC), Farhd K. Wadia v. Union of India & Ors. (2008) (regarding silence zones around educational institutions), and Noise Pollution, In Re. v. Union of India and Another [(2005) 5 SCC 733] (regarding guidelines on loudspeakers and amplifiers).
Kerala State Human Rights Commission Order (2011): Acknowledgment of noise pollution from loudspeakers and its impact on the right to life, with directives to ensure the use of loudspeakers complies with the Noise Pollution (Regulation and Control) Rules, 2000.
Thiruvananthapuram District Magistrate's Order (2014): Guidelines to control noise pollution, including the registration of sound equipment, obtaining permission for sound amplifying devices, adherence to sound limits in different zones, restrictions on high-decibel instruments, and provisions for seizure of unregistered equipment and penalties.
Kerala Legislative Assembly Response (2017): Outlining existing laws and regulations for controlling noise pollution in the state, including the Noise Pollution (Control and Regulation) Rules, 2000, designation of authorities to enforce the rules, and recognition of silence zones.
The complaint also details the responsibilities of the respondents, including the Kozhinjampara Grama Panchayat, its Secretary, the Headmaster and PTA President of Kozhinjampara Government Upper Primary School, and National Lights and Sounds, Kozhinjampara. It emphasizes the violations of child rights, specifically the right to health, education, and a safe environment.
Premjith K demands an immediate inquiry, strict action against those responsible, measures to prevent recurrence, adherence to noise pollution norms, protection of students' rights, enforcement of legal provisions, and legal steps to be taken by the Child Rights Commissioner, including issuing orders for immediate relief, initiating inquiries, directing action under relevant laws, recommending compensation and rehabilitation, and ensuring preventive measures.
Respondents:
Kozhinjampara Grama Panchayat President
Kozhinjampara Grama Panchayat Secretary
Headmaster, Kozhinjampara Government Upper Primary School
PTA President, Kozhinjampara Government Upper Primary School
National Lights and Sounds, Kozhinjampara
Contact:
Premjith K
Velanthavalam
