Freedom from noise pollution is a part of Art.21, was held in
- Subhash Kumar v. State of Bihar 1991
- M.C. Mehta v. Union of India (1988)
- Inre Noise pollution: 2005
- Indian Council for Enviro Legal Action v. Union of India 1996
The Correct Option is C
Solution and Explanation
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 |
Top Questions on Environmental Law
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Today, in the year 2025, we have been experiencing the drastic consequences of large scale destruction of environment on human lives in the capital city of our country and in many other cities. At least for a span of two months every year, the residents of Delhi suffocate due to air pollution. The AQI level is either dangerous or very dangerous. They suffer in their health. The other leading cities are not far behind. The air and water pollution in the cities is ever increasing. Therefore, coming out with measures such as the 2021 Official Memorandum is violative of fundamental rights of all persons guaranteed under Article 21 to live in a pollution free environment. It also infringes the right to health guaranteed under Article 21 of the Constitution.
The 2021 OM talks about the concept of development. Can there be development at the cost of environment? Conservation of environment and its improvement is an essential part of the concept of development. Therefore, going out of the way by issuing such OMs to protect those who have caused harm to the environment has to be deprecated by the Courts which are under a constitutional and statutory mandate to uphold the fundamental right under Article 21 and to protect the environment. In fact, the Courts should comedown heavily on such attempts. As stated earlier, the 2021 OM deals with project proponents who were fully aware of the EIA notification and who have taken conscious risk to flout the EIA notification and go ahead with the construction/continuation/expansion of projects. They have shown scant respect to the law and their duty to protect the environment. Apart from violation of Article 21, such action is completely arbitrary which is violative article 14 of the Constitution of India, besides being violative of the 1986 Act and the EIA notification.
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With the Paris Agreement, countries established an enhanced transparency frame work (ETF). Under ETF, starting in 2024, countries will report transparently on actions taken and progress in climate change mitigation, adaptation measures and support provided or received. It also provides for international procedures for the review of the submitted reports.
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