Sounding out on noise

Opinion is divided on new moves to curb noise pollution

By Ayesha Inoon and Dhananjani Silva, Pic by M.A. Pushpa Kumara.

Nearly a century ago, in 1915, the use of loudspeakers created such an uproar in Sri Lanka that it became one of the biggest incidents ever to have happened during the last century; a watershed in the annals of the country’s history. It led to a massive demonstration in and around Kandy that triggered rioting in Colombo and elsewhere. The then colonial Government called in the Army, slapped martial law, appointed drumhead court martials and sent prominent local leaders to jail.

With such a historical background, fresh moves to limit the use of loudspeakers has pinched a raw nerve in this multi-ethnic, multi-religious nation steeped in custom and tradition, but battling to enter the comity of modern states that is giving increasing respect to the rights of the individual.

Now the Central Environmental Authority (CEA) is in the process of drafting such laws to curb community noise pollution, a growing irritant and a health hazard to the population at large.
Opinion is divided. Should age-old traditions be continued even if they come with the price-tag of being a public nuisance?

Political parties and religious leaders, government officials and ordinary folk they all have divergent views.

For Nihal*, who lives right next to a temple in Dehiwala, the noise has been unbearable for several years. “It is hardest on Sundays, when we all want to sleep in after a long week at the workplace,” he says and rues the blaring of a loudspeaker from as early as 6 in the morning. “There is also a hospital nearby too,” he says begging the question; what about the patients? For Mrs. Seneviratne*, a septuagenarian from a more residential part of the city, the prayer calls from a mosque coupled with the daily chanting of pirith (holy stanzas) from a Buddhist temple leaves her a very tired lady.

Noise pollution comes in many forms ranging from ice-cream vendors and their musical horns to construction sites working into the night, amplified music from inconsiderate neighbours to sweep-ticket sellers to buses screeching to a halt with faulty brakes. During weekends, sports clubs and karaoke bars are active and their levels of sound pose an incessant headache for people in the vicinity. Taken as a whole all these sources of noise pollution can be irritating and even harmful in certain cases.

Medically, noise pollution has been linked to various health problems such as hypertension, heart disease and aggression. It also has a negative impact on students. Exposure to noise can interfere with concentration and thought processes among students who are studying for examinations. Sleep deprivation can also lead to accidents and injuries as well as low output at work. The World Health Organization (WHO) sets the sound level for a bedroom at less than 30 decibels ( a decibel is the logarithmic unit used to express the magnitude of a change in level of power, voltage, current, or sound intensity) and it would be an interesting exercise if this could be measured among those who are affected.

One of those who knows the downside of noise pollution, Dr. Pradeep Kariyawasam, the Chief Medical Officer of the Colombo Municipality welcomes the tougher new laws saying the present laws are inadequate, a view endorsed by environment lawyer Jagath Gunawardene.

A public nuisance is a criminal offence in this country. But though there are many complaints, the number of prosecutions falls short, given the level of corruption among law enforcement authorities. Currently action can be taken under the Penal Code, the Nuisance Ordinance or the Criminal Procedure Act but few people resort to such action. The provisions in the National Environmental Act deal only with stationary and continuous noise but the proposed new regulations will deal also with moving as well as occasional sources of noise.

While Mr. Gunawardene welcomes the new moves to tighten these laws on the basis that they are pro-active legislation giving individuals and groups the right to go to court, whether or not one has to go to court through the local police remains to be seen. If that is the case, the new laws would be as good as a dead duck.

Western countries have recognized noise pollution as a major offender and placed heavy emphasis on curbing it. Not only is horning taboo unless to avoid an accident, no house parties with loud music can go on beyond midnight without the risk of a visit by the police and in such countries, condominium dwellers are even banned from flushing their toilets after 2 a.m., such is the importance placed on the individual’s rights.

Arguing against stiffer laws is the main Opposition Party, the UNP, but their attitude seems to smack of ‘opposing everything the Government is doing’. UNP spokesman Gayantha Karunathillake talks of ‘pirith ceremonies and peraheras’ but ignores the fact that these new laws are aimed at controlling other noise pollutants as well.

Kelaniya Raja Maha Vihara chief monk Ven. Dr. Kollupitiye Sangharakkhita and President of the Sri Lanka Muslim Peace Council Al Haj Niyas Maulavi however want the status quo to remain. Going to court to get special permission for the use of loudspeakers, they both think is unwarranted.

Ven. Dr. Kollupitiye Sangharakkhita feels that according to Buddhist tradition, pirith ceremonies and peraheras are held in the night, and for these loudspeakers are necessary, even to summon the people for these events. As of now, permission from the Police is required for such things anyway – so why, he questions, is it necessary to bring in new laws that require permission from the District Courts?

While individuals may have the option of listening to pirith chanting with the use of a cassette recorder, the temple being a religious institution, has a duty to cater to the needs of the society in general, he maintains. “In our multi-cultural society, these sounds have been part of the background for years. Why should any temple, mosque, kovil or church now have to request permission from the courts to conduct their religious ceremonies?” concurs Al Haj Niyas Maulavi.Temples, however, should take noise levels into consideration, and it is not necessary to chant pirith, etc. so that it is heard by the entire village or town, but only in the immediate vicinity of the temple, the Kelaniya Chief monk maintains. The Police should judge the necessity for regulations according to each individual situation rather than having general laws which will only create unnecessary problems, he feels.

From what is known so far, the new laws will limit the use of loudspeakers from 10 p.m. to 6 a.m. which is but a halfway house to controlling noise pollution caused by a multitude of other sources throughout the day and night.

Any visitor to South Asia will no doubt concur that it is a particularly noisy place. But with countries such as India and Pakistan already putting these laws into place, the Government’s move to bring in new laws at least shows that there is some recognition that noise pollution is an issue that needs to be addressed. The question being asked, however, is whether the new regulations will only add to the confusion that already exists.When a citizen is woken up at 5 a.m. by a bus screeching to a halt or someone living next door to a temple has some young student reciting kavi-bana over a loud-speaker, will they actually be able to complain – and to whom? This is what the proposed new regulations to be unveiled shortly must address.

* Names have been changed to protect identities