India has a right to noise

Excerpt from ‘More light, less sound: On firecrackers and a festival of light’, an editorial in The Hindu on November 7, 2023:

The Noise Pollution (Regulation and Control) Rules 2000 stipulate that firecrackers cannot be burst in ‘silence zones’, designated by State governments, and anywhere after 10 p.m. From 6 a.m. to 10 p.m. (i.e., ‘daytime’) and in industrial areas, firecracker noise cannot exceed 75 dB(A) Leq. The thresholds in commercial and residential areas are 65 dB(A) Leq and 55 dB(A) Leq, respectively. … Traffic noise has burgeoned in cities where haphazard development has forced motorists to overuse horns. Many religious occasions have become synonymous with noisy celebrations irrespective of the hour. … If, say, people burst firecrackers at 90 dB for 10 seconds and the ambient noise is 50 dB for 50 seconds, and this pattern continues for four hours followed by 12 hours of 50 dB noise, the 16-hour Leq is 74.5 dB – which merits a complaint in residential areas but not in commercial ones, yet the noise is already harmful. Different loudness zones are also seldom publicly demarcated while some places are both residential and commercial.

India has a big noise pollution problem, and firecrackers add to it in a bad way because the Noise Pollution Rules 2000 and improper urban zoning have together created a regulatory sieve through which firecracker noise can pass through without any consequences – except damage to human (and animal) health.

To the issues highlighted in the editorial, I’d like to add one that complicates both enforcement and judicial disputes: the argument that asking people to not combust firecrackers violates their right to religion. The national and state governments in India have kept the door open to this assertion by refusing to ban loud firecrackers altogether, instead creating allegedly ‘green’ alternatives that also produce less noise: around 120 dB instead of around 150 dB, which is laughable because the healthy threshold is somewhere around 40 dB!

On November 3, Justice Amit Rawal of the Kerala high court directed authorities to seize “illegally stored” firecrackers in temples across the state and ensure temples didn’t combust firecrackers at “odd time”. He added: “prima facie there is no commandment in any of the holy books to burst crackers for pleasing the god”. But today, November 7, a division bench set aside a part of the order to effectively reassert the terms set out in the Noise Pollution Rules 2000.

Before this, the state government had submitted, according to On Manorama, “that there are several religious festivals in the State wherein display of fireworks is an essential part of religions, which have been carried out since time immemorial”.

It’s unfortunate that we wield the right to religion maximally, to the expense of all other rights, and stop only when it’s confronted by an apparently implicit order of rights in the Indian Constitution. For example, by refusing to ban (noise) polluting firecrackers altogether, and by making the Rules so complicated, neither collecting nor easing public access to noise data, and slipshod urban planning (an oxymoron, really), India’s governments often leave the right to religion in conflict with the right to life. In the Constitution, however, the latter takes precedence.

In early 2021, for example, the Madras high court was hearing a case about allowing the Srirangam Temple authorities to conduct their rituals in full rather than in an abridged form due to limitations imposed by the government in response to the COVID-19 pandemic. The court observed that the right to religion was superseded by the right to life, so if the rituals had to be abridged for the sake of public health, they wouldn’t violate the right to religion. 

The Telegraph also reported that the court “alluded to the Calcutta High Court’s earlier order to regulate crowds during Durga Puja for the same reason. It may be recalled here that the Supreme Court had ordered restrictions for Ratha Yatra in Odisha too.” I think courts have made similar observations vis-à-vis Deepavali firecrackers as well as the winter-time pollution in North India.

The right to life is predicated on threats to individuals’ well-being, which in turn is rooted in – among other things – where scientists are able to draw the line between good health and ill-health. For example, India’s permissible thresholds are higher than those of the WHO for different atmospheric pollutants. Biologically, people can (and often do) fall ill when the limits cross the WHO’s thresholds – but legally, we must wait for them to cross thresholds encoded in the relevant Act before we can claim injustice.

Similarly, loud noises are harmful beyond 50 dB itself (depending on the level and mode of exposure), but the Rules’ thresholds are even higher. In fact, they may well be out of reach: India also has too few noise monitors for its size, which means even after scientists draw the line between ‘good’ and ‘bad’ noise levels, we may not know whether the place we’re located in has crossed over.

And so we go, round and round…

India’s Delhi-only air pollution problem

I woke up this morning to a PTI report telling me Delhi’s air quality had fallen to ‘very poor’ on Deepavali, the Hindu ostensible festival of lights, with many people defying the Supreme Court’s direction to burst firecrackers only between 8 pm and 10 pm. This defiance is unsurprising: the Supreme Court doesn’t apply to Delhi because, and not even though, the response to the pollution was just Delhi-centric.

In fact, it’s probably only a problem because Delhi is having trouble breathing, despite the fact that the national capital is the eleventh-most polluted city in the world, behind eight other Indian ones.

The report also noted, “On Saturday, the Delhi government launched a four-day laser show to discourage residents from bursting firecrackers and celebrating Diwali with lights and music. During the show, laser lights were beamed in sync with patriotic songs and Ramayana narration.”

So the air pollution problem rang alarm bells and the government solved just that problem. Nothing else was a problem so it solved nothing else. The beams of light the Delhi government shot up into the sky would have caused light pollution, disturbing insects, birds and nocturnal creatures. The sound would no doubt have been loud, disturbing animals and people in the area. It’s a mystery why we don’t have familial, intimate celebrations.

There is a concept in environmental philosophy called the hyperobject: a dynamic super-entity that lots of people can measure and feel at the same time but not see or touch. Global warming is a famous hyperobject, described by certain attributes, including its prevalence and its shifting patterns. Delhi’s pollution has two hyperobjects. One is what the urban poor experiences – a beast that gets in the way of daily life, that you can’t wish away (let alone fight), and which is invisible to everyone else. The is the one in the news: stunted, inchoate and classist, it includes only air pollution because its effects have become unignorable, and sound and light don’t feature in it – nor does anything even a degree removed from the singular sources of smoke and fumes.

For example, someone (considered smart) recently said to me, “The city should collect trash better to avoid roadside garbage fires in winter.” Then what about the people who set those fires for warmth because they don’t have warm shelter for the night? “They will find another way.”

The Delhi-centrism is also visible with the ‘green firecrackers’ business. According to the CSIR National Environmental Engineering Research Institute (NEERI), which developed the crackers, its scientists “developed new formulations for reduced emission light and sound emitting crackers”. But it turns out the reduction doesn’t apply to sound.

The ‘green’ crackers’ novel features include “matching performance in sound (100-120dBA) with commercial crackers”. A 100-120 dBA is debilitating. The non-crazy crackers clock about 60-80 dBA. (dB stands for decibels, a logarithmic measure of sound pressure change; the ‘A’ corresponds to the A-setting, a scale used to measure sounds according to human loudness.)

In 2014, during my neighbours’ spate of cracker-bursting, I “used an app to make 300 measurements over 5 minutes” from a distance of about 80 metres, and obtained the following readings:

Min: 41.51 dB(A)
Max: 83.88 dB(A)
Avg.: 66.41 dB(A)

The Noise Pollution (Regulation and Control) Rules 2000 limit noise in the daytime (6 am to 10 pm) to 55 dB(A), and the fine for breaking the rules was just Rs 100, or $1.5, before the Supreme Court stepped up taking cognisance of the air pollution during Deepavali. This is penalty is all the more laughable considering Delhi was ranked the world’s second-noisiest city in 2017. There’s only so much the Delhi police, including traffic police, can do, with the 15 noise meters they’ve been provided.

In February 2019, Romulus Whitaker, India’s ‘snake man’, expressed his anguish over a hotel next door to the Madras Crocodile Bank Trust blasting loud music that was “triggering aberrant behaviour” among the animals (to paraphrase the author). If animals don’t concern you: the 2014 Heinz Nixdorf Recall study found noise is a risk factor for atherosclerosis. Delhi’s residents also have the “maximum amount of hearing loss proportionate to their age”.

As Dr Deepak Natarajan, a Delhi-based cardiologist, wrote in 2015, “It is ironic that the people setting out to teach the world the salutatory effects of … quietness celebrate Yoga Day without a thought for the noise that we generate every day.”

Someone else tweeted yesterday, after purchasing some ‘green’ firecrackers, that science “as always” (or something similar) provided the solution. But science has no agency: like a car, people drive it. It doesn’t ask questions about where the driver wants to go or complain when he drives too rashly. And in the story of fixing Delhi’s air pollution, the government has driven the car like Salman Khan.

Measuring loudness on Deepavali nights

The Indian festival of Deepavali gets its name from the Sanksrit for “display of lights”, “Deepaanaam aavali“. These days, the festival is anything but about lights, especially in urban centers where the bursting of loud firecrackers has replaced the gentler display of lamps. Sometimes, Bangalore – where I live – sounds like a warzone. People I’ve spoken to have defended the way they celebrated it, saying, “It’s a tradition thousands of years old!” No, it’s not.

The Noise Pollution (Regulation and Control) Rules 2000 (“Rules”) limits the amount of environmental noise by area and time of day. In residential areas, for example, the maximum allowable noise level between 6 am and 10 pm (‘daytime’) is 55 dB(A) Leq.

A Central Pollution Control Board document released on October 24 reports the results of an exercise where noise-level monitors listened in in five areas of the national capital, Delhi, for the week leading up to Deepavali: October 15 to October 23. Without exception, the dB(A) Leq readings in all five areas – Pragati Maidan, East Arjun Nagar, NSIT Dwarka, IHBAS Dilshad Garden and DCE Bawana – have increased from 2013 to 2014. The nighttime readings breach the Rules limits by at least 10 dB(A), which warrants a complaint.

Insofar as the Rules is concerned, the units of measurement play a defining role in how meaningful the limits are.

For starters, dB stands for decibels, a logarithmic measure of noise levels. According to ISO standards, a doubling of noise levels is equal to an increase of 3 dB.

Because noise levels during many kinds of measurements – including during Deepavali – keep changing, Leq is used because it denotes an average noise level during a specified period. Moreover, because dB is a logarithmic measure, Leq cannot be calculated like a simple average. Instead, sound-meters usually convert dB into the corresponding sound pressure levels and then calculate the average. In the process, the A-setting is also applied: it is a scale to measure the perceived human loudness.

As it is, the Rules don’t explicitly specify the time period across which the noise levels are to be measured. The only mention of periods, in fact, is when the document defines daytime (6 am to 10 pm) and nighttime (10 pm to 6 am). So the noise level of 55 dB(A) Leq is presumably defined for a 16-hour period (daytime; residential area). An obvious outcome of this is that infrequent loud noises in a generally quiet residential area will not breach the legal limits during daytime.

But what about during Deepavali? Let’s say the festival is being celebrated on a weekday: the bursting of firecrackers will start around 4 pm (once the kids have returned from school) and last until 9 pm. Could noise levels in this five-hour period push the daytime average beyond 55 dB(A) Leq?

I used the NoiseTube project’s mobile app (of the same name) that makes per-second measurements and calculates the minimum, maximum and average dB(A) Leq over a specified duration. Sitting about 80 m from a bunch of kids bursting firecrackers in our apartment driveway, I used the app to make 300 measurements over 5 minutes for the following results:

Min.: 41.51 dB(A) Leq
Max.: 83.88 dB(A)Leq
Avg.: 66.41 dB(A) Leq

Earlier in the day, I’d made a five-minute measurement when no firecrackers were being burst for an avg. reading of 42 dB(A) Leq. So, assuming that 42 dB(A) Leq was the reading for 11 hours and 66.41 dB(A) Leq for the remaining five, the daytime average reading comes to 56.53 dB(A) Leq. Abiding by the Rules, this isn’t even enough for me to register a complaint, which necessitates the noise levels to exceed the limit by at least 10 dB(A).

At the same time, the noise levels are debilitating. When the cracker-bursting frenzy is in full swing, I’ve recorded noises louder than 100 dB(A). If I spend a day outside, and if the sulfurous fumes don’t give me a migraine, just the noise will.

Because of this, the Rules might be more meaningful – and effective – if a measurement duration is defined, such as between certain times of day according to what time of the year it is (correct me if I’m wrong because I’d love to be wrong about this). In fact, because dB is logarithmic, any average will be biased toward the higher values (as exponentially higher the numbers, higher the logarithms), and even with this boost, 66.41 dB(A) Leq over five hours is not ‘illegal enough’.

Featured image from Wikimedia Commons