In the context of legal interpretation and protection under the Constitution of India, Article 21 guarantees the right to life and personal liberty. Over the years, the Indian judiciary has expanded the scope of this article to include various dimensions of quality of life, one of which is environmental protection, including noise pollution.
The specific case that recognized freedom from noise pollution as part of Article 21 is "Inre Noise pollution: 2005". In this landmark judgment, the Court emphasized that the right to life encompasses the right to live in peace, to sleep in peace, and to repose, highlighting noise pollution as a threat to such fundamental rights. Consequently, the Court provided guidelines to regulate noise levels, particularly concerning loudspeakers and vehicular noise, effectively integrating noise control within the ambit of Article 21.
Case | Recognition Under Article 21 |
---|---|
Inre Noise pollution: 2005 | Freedom from noise pollution |
I. Right to a wholesome environment is a facet of the right to life guaranteed under Article 21 of the Constitution of India | 1. Research Foundation for Science Technology and Natural Resource Policy v. Union of India (2005) 10 SCC 510 |
II. Right to information and community participation for protection of environment and human health is also a right which flows from Article 21 | 2. Orissa Mining Corpn Ltd v. Ministry of Environment and Forests (2013) 6 SCC 476 |
III. Precautionary principle and polluter pays principle are part of law of the land | 3. Subhash Kumar v. State of Bihar AIR 1991 SC 420 |
IV. Role of gram sabha in safeguarding the customary and religious rights of scheduled tribes and other traditional forest dwellers under the Forest Rights Act | 4. Vellore Citizen Welfare Forum v. Union of India (1996) 5 SCC 647 |
Offenses | Sections |
(A) Voyeurism | (1) Section 77 |
(B) Word, gesture or act intended to insult the modesty of a woman | (2) Section 79 |
(C) Stalking | (3) Section 75 |
(D) Sexual Harassment | (4) Section 78 |
(A) Conditions for a Hindu Marriage | (i) Section 13 |
(B) Registration of Hindu Marriage | (ii) Section 10 |
(C) Judicial Separation | (iii) Section 5 |
(D) Divorce | (iv) Section 8 |