Debate by Rajmi Manatunga

Legislation against sound pollution timely

S. N.I. Ekanayaka

We applaud the long awaited move of the Central Environmental Authority to establish community noise standards/regulations directed primarily at curbing the indiscriminate use of loud speakers or public address systems in Sri Lanka.

This has met with some opposition from certain religious and political groups who are campaigning for this very harmful and grossly insensitive and disgusting form of noise pollution to continue to plague the citizens of this island.

Such myopic and bovine protests are made at a time when most developed countries in the world have already implemented regulations and laws to prevent community noise pollution from disturbing their citizenry in the form of musical shows, carnivals, night clubs, record bars, religious and cultural activities.

In the civilised part of the world, even an occasional party or social celebration would have to keep within the limits of not disturbing one's neighbour while permission would have to be sought for any slight departure/lapse.

Whilst we in Sri Lanka are struggling against petty opposing groups with vested personal interest to promote Public Address, systems and noise pollution, there is a progressive world out there which is going ahead with mandatory noise maps for all European cities designed to limit auditory assaults of modern transport noise.

The American Occupational and Health Administration (OSHA) sets limitations for exposure to occupational noise, and in Asia and the rest of the world the type of legislation that is coming out against sound pollution extends far beyond the most obnoxious public address systems to more sophisticated measurements and restrictions on what constitutes noise pollution.

In reality the use of public address systems to blast out music, and loud displays of religious worship at various times of the day as a routine pastime is rarely seen in the countries of the world which value true freedom and human rights for all beings.

We have no doubt heard of the practices as loud tom - tom beats of drums played out in jungles where primitive folk send smoke signals to their tribal neighbours.

The few in Sri Lanka who oppose the enlightened and laudable initiative of the CEA to limit sound pollution maybe belonging to such savage and lower form of human life which had even indulged in cannibalism in the days of yore.

Indeed the total disregard of the rights of one's neighbour to the extent of even devouring the privacy and right to silence of another human being is the type of cannibalism that we encounter in those who are completely devoid of any feeling of sensitivity to the noise pollution inflicted upon their fellow-human beings as they go on the rampage emitting loud catatonic frenzy of loud speaker noise and more noise.

In the cacophony of rival religious noise that is routinely blasted through public address systems in this island, there is a kind of religious intolerance and selfishness that is completely inimical to the harmonious functioning of a multicultural society.

It is as if each religious entity, whether it be Buddhist, Christian, Muslim or Hindu is trying to proclaim like school children do at a sportsmeet that theirs is the best religion or worship.

If a human being wants to really lead a good and moral life and worship his/or her religion why is it necessary to shout it out from the roof tops? Surely compassion and kindness to one's fellow beings is central to religious worship and if we are bent on destroying the peace, silence and tranquillity of our fellow citizens by foisting our religious worship through loud speakers on sleeping infants, students burning the midnight oil, the elderly who desire rest, the weary and sick who yearn for silence, what is the actual purpose behind our religiosity?

Is it not a daily arrogance and hypocrisy that we practice in blasting out religious worship through loud speakers?

According to the World Health Organization, "Health is a state of complete physical, mental and social wellbeing. Governments have a responsibility for the health of the people which can be fulfilled only by the provision of adequate health and social measures."

Indeed there is a reliable body of medical evidence to prove that cumulative and continued stress of community noise pollution in the form of public address systems played routinely to our ear drums can result in heart disease, increased high blood pressure, hearing loss, disruption to mental and social well being, danger to life and limb.

It is timely and vital that the informed and enlightened public should strive for enaction and effective implementation of new legislation against sound pollution.

Sound pollution:

What is the solution?

You return home after a hard day's work yearning for peace of mind and a good night's rest. But just as you unwind preparing for a bit of shut eye the cassette player of your neighbour starts blaring shattering the peace. It is barely an hour since you have put your child into bed,but the sound of a speeding vehicle screeching to a halt in front of your house startles the little one out of it's slumber.

With that crucial examination only a week away, you are cramming each day and night, when sounds from a loudspeakers at a musical show, or a nearby temple, church or mosque breaks your concentration and blocks out all thought process.

Instances such as these are just part and parcel of everyday life for most of us where the heavy din and cacophony are only natural phenomenon in a milieu of rapid development and modernisation where human activity is not confined only to day time.

Although incessant noises of this nature tantamount to public nuisance under our law, it is surprising how few people bother to object to and complain about these acts of sound pollution, despite the constant irritation they cause.

This could probably be due to some tacit acceptance among people that sound pollution has to be tolerated to a certain degree for the sake of development and modernisation.

Yet, one must remember that most developed countries have stringent laws to deal with sound pollution, according to which even tooting horns are not permitted except to avoid an accident.

The Central Environmental Authority (CEA) recently disclosed that they are drafting laws for curbing community noise pollution, a growing health hazard.

Apart from including occasional noises within the ambit of 'sound pollution', the most significant and controversial aspect of the new regulations is the prohibition of all public address through loudspeakers from 10 pm to 6 am except where prior permission is obtained from the District Court.

As with most issues involving religion, the regulations have been received with misgivings by many, including religious leaders, political parties and certain segments of the public.

It is argued that they have the effect of infringing the freedom of conscience since loudspeakers are often used to summon people for various religious practices like pirith chanting, midnight masses and prayers at mosques.

Although the regulations do not constitute a blanket prohibition, it is contended that obtaining special permission imposes an unwarranted constraint on practising one's faith.

On the other hand, the prohibition of moving sources of sound is likely to adversely affect the livelihood of persons such as lottery sellers and ice-cream vendors.

Yet, must should one be made to forgo his or her sleep and peace of mind, at the risk of ailments such as hyper-tension, heart disease, headache and memory loss in the name of entertainment or religion? Besides, whether the use of loudspeakers or amplifiers is essential to follow one's religion is also a pertinent question.

Have your say on the proposed regulations on sound pollution on Daily News Debate. Send in your contributions (in 750-1,000 words) to 'Daily News Debate', Daily News, Associated Newspapers of Ceylon Limited, PO Box 1217, Colombo, or via e-mail to debate@dailynews.lk before October 8, 2007.

The forgotten side of sound pollution

It is really encouraging us to read something from recently, about this subject where so many people have turned a deaf ear. First of all I must thank the Minister and the officials who are trying to do something in this area.

Up to now everyone has talked about musical shows, temples, churches, mosques, way side public address systems and sounds from vehicles. But everyone has forgotten one important area of Wedding functions and so called Receptions and Banquet halls.

Please permit me to draw your attention with our personnel experiences faced in day to day affairs with regard to the above subject.

We are very badly affected with the functions conducted in the adjoining banquet hall. Whenever there is a function we are not in a position to have a peaceful environment in our own house due to the music sounds of their parties.

Sometimes there is a vibration created in our building and glass ware and cutlery in cupboards making shaky noises. In addition the sound systems used in these functions never leave any room for us to have a sleep in the night till the functions are over and they go even after mid night.

Also the crackers they use to light in the nights disturbs the entire neighbourhood with unbearable noises. It is sad to say one night our Dog got so exited and ran away by managing to break a strong chain and didn't return to date.

The loss of this dog is a big financial loss as well as a security threat in our day to day living. Some days they have fireworks and we find lots of crackers and other materials dancing on our roof.

We come home to have a good rest after hard day's work and find miserable nights without the required rest to work on the following day. My daughter who was studying for A/L used to cry every night as she couldn't study at all or complete her home work. She had to go to classes following morning with tired and weary eyes.

Her situation was so sad and she had to come down with very poor results at the exam where she obtained 6 A's and 3 B at the GCE O/L two years prior to that. As parents we couldn't turn a blind eye and approached the owners to explain and request to stop music at least by 10.00 pm.

Their answer was "we can't do that as we have taken bank loans and we have to settle them". Although it was not my problem I kept silence with knowing the legality of it as everyone knows what an agony that we have to go through, if we are to go for legal action.

Besides the money, time and political barriers and other risks are going to stand against us. As a result we had to rent a house in Colombo by paying Rs.20,000/= per month for our daughter to continue her studies. Then she got her exam through with very good results and was selected to a very high calibre university in UK for her Degree.

In addition to all these problems, I am a heart patient. I was asked to be in bed by 9.00 pm the latest and to have a good sleep till dawn and avoid all stress work. I was in Singapore for medical treatments and there are 8 stents placed in my heart.

It's a major thing and my wife too effected with hypertension and had to retire early from Govt; service on medical advice. She too has to be in a stress free environment and had been advised to have a good sleep every night.

In many occasions I had to call the police and they come after a long period and when they arrive the Police disturb us as they come after 1.00 am or 2.00 am. By the time the functions are over and they see no disturbances and only they put us out of the beds to answer the door bell.

If not they say that they have taken police permission. How can they grant police permission for private functions conducted indoor? I have not maintained records on these things as it is absurd to maintain records to seek our rights.

Our house which is situated in a highly residential area is more than 15 years old. But few years back an approval has been obtained from the local authority to have the so called banquet hall in the adjoining land leaving only about six feet difference from my wall.

If the local authority is more concerned about the residents, they could have asked them to have this building in the rear portion of the owners land which is more than about 1 1/2 acres in extent. The owners of this business are my immediate neighbours.

We were very good friends up to the time of starting this business. Now both are aware that this problem has gone beyond and has damaged our friendships. But still we are friends and not in hearts.

Since they have spent so much of money on this venture they are not ready to sacrifice anything to reduce from their well earned business.

But, I know proper legal actions form authorities can protect our rights. For that the citizen of this country should be guided with a law and the Authorities should take correct actions without leaving a room to waste the time and money of the tax payers.

In this regard I hope Central Environmental Authority will do everything possible to see the protection of all citizens coming under their umbrella. I only hope the efforts of our Minister will have the full backing of the responsible people who should promote his efforts.

SS

Proposed new legislation a highly welcome move

Palitha Nugaliyadde

Young generation is the future of our nation. In growing age they should sleep eight hours a day and this is the Doctors view to have a healthy nation. Further, if a busy employee who has a very responsible task in the morning gets disturbed in the night, cannot perform his duties well with swollen eyes.

This results in less productivity in the country. This situation could effect for many persons in the society silently. So it is very important to think of the majority of the people. Not only loudspeakers contribute to sound pollution.

In parties held in the neighbourhoods where the crowd is getting overjoyed, perhaps after the influence of liquor, they shout, sing, make various sounds very loudly. This situation is also as annoying as the loudspeakers. Authorities should consider this too in preventing these types of public nuisance.

In religious places as an alternative measure for loudspeaker, horns they could use medium power speaker enclosure baffles in low elevation to distribute the sounds within the premises. Outdoor stage shows should not be allowed to perform in residential areas and should be allowed only on Saturdays and in suitable places only.

For public address, loudspeaker horns should not be allowed to use, except for the speaker enclosure baffles.

During Wesak, Pandals, and other festival activities should be allowed to use a pair of small size loudspeakers within the location at 20 feet maximum elevation level. Square type - 20wats is ideal for the purpose, which is sufficient to cater to the people who are within the location.

I have observed in villages where they use high power loudspeakers in every junction, all over the village, far away from the actual location, specially in wesak days, these activities carry on for more than 7-10 days purely focused of financial benefits without considering the disturbance to the general public. (I'm a Buddhist who has encountered such situation)

In week days 6-10 pm also need to have sound restrictions. After busy working day when people reach home they need to relax, study or get prepared for the following day. Children need to do their homework. These activities needs peaceful environment.

The authorities should consider above facts also while making legalisation. In developed countries no one can make noise in the neighbourhoods after 9 pm. In Maldives sound of the home use radio systems also has to be reduced to prevent disturbance to the neighbours. In reality if a person is exposed to loud sounds from 7-10pm, he cannot sleep at 10pm definitely.

Just because of a few religious leaders and few musicians, millions of people should not suffer silently in the Country. Authorities should give guidelines to district court with this regard.