URGENT PRESS STATEMENT.
RE:We strongly object to a new proposed amendment to the Shops and
Establishments Act, recently passed by the Maharashtra State Legislature, to
allow restaurants to remain open throughout the night, apparently for the
benefit of visiting tourists.
We urge the Government to put in place the pre-legislative consultation process
recommended by civil society and the National Advisory Council.
We believe that in a democracy all laws must be made or amended with the
consent of the people after going through a meaningful and effective process of
consultation.
We have despatched the following letter to the Chief Minister of Maharashtra on
the above issue.
Hon’ble Minister Shri Prithviraj Chavan,
Ref: News items in various newspapers that restaurants would be allowed to
operate 24x7 in Mumbai.
Citizens and citizens’ groups have objected in the past to the BMC about
specific restaurants which create noise pollution at night. These restaurants
and pubs create nuisance, disturb the night time peace, noise both directly and
indirectly, through loudspeakers used within the restaurant, through honking
and shouting in the streets while their patrons depart late at night and
open-air cleaning of vessels. Residents have also complained of allied issues
including law and order issues when restaurants are open late.
We strongly object to a new proposed amendment to the Shops and
Establishments Act, recently passed by the Maharashtra State Legislature, to
allow restaurants to remain open throughout the night, apparently for the
benefit of visiting tourists.
Stakeholders including citizens’ groups were not consulted prior to this
decision and the Noise Pollution Rules and allied court orders were also not
considered. Public Consultation process is a must and is required to be carried
out before any policy change as per to the provisions of Section 4(1)c, Sec
4(2), and Sec4(3), Sec4(4) of RTI Act 2005.
It is also not clear how 70% of residents would offer their consent to the
operation of any establishment, given that the noise from traffic spreads a
considerable distance away from the establishment itself. In any event, the
State is bound to protect the health of the other 30% who might be in a
vulnerable condition and be affected by it. Residents’ health cannot be given
a lower priority than the enjoyment of tourists and this would be specially
relevant in the thousands of Silence Zones of Mumbai.
Such a resolution would also actively violate directions of the Supreme Court
to the State to prevent noise pollution from honking at night (between 10pm and
6am)
The Supreme Court Order dated 18th July 2005 on noise pollution directs that
the State will take an active role to prevent noise pollution, including to
enforce their Order stating that no horns will be used in residential areas
between 10pm and 6am. It further directs the State to support citizens’ groups
engaged in noise pollution control.
The Order states:
"III. Vehicular Noise
No horn should be allowed to be used at night (between 10 p.m. and 6 a.m.) in
residential areas except in exceptional circumstances.
IV. Awareness
1. There is a need for creating general awareness towards the hazardous
effects of noise pollution. Suitable chapters may be added in the text-books
which teach civic sense to the children and youth at the initial/early level of
education. Special talks and lectures be organised in the schools to highlight
the menace of noise pollution and the role of the children and younger
generation in preventing it. Police and civic administration should be trained
to understand the various methods to curb the problem and also the laws on the
subject.
2. The State must play an active role in this process. Residents Welfare
Associations, Service Clubs and Societies engaged in preventing noise pollution
as a part of their projects need to be encouraged and actively involved by the
local administration.
3. Special public awareness campaigns in anticipation of festivals, events
and ceremonial occasions whereat firecrackers are likely to be used, need to be
carried out.
The abovesaid guidelines are issued in exercise of power conferred on this
Court under Articles 141 and 142 of the Constitution of India. These would
remain in force until modified by this Court or superseded by an appropriate
legislation.
V Generally ?
1. The States shall make provision for seizure and confiscation of
loudspeakers, amplifiers and such other equipments as are found to be creating
noise beyond the permissible limits.
2. Rule 3 of the Noise Pollution (Regulation and Control) Rules, 2000 makes
provision for specifying ambient air quality standards in respect of noise for
different areas/zones, categorization of the areas for the purpose of
implementation of noise standards, authorizing the authorities for enforcement
and achievement of laid down standards. The Central Government/State
Governments shall take steps for laying down such standards and notifying the
authorities where it has not already been done.
180. Though, the matters are closed in consonance with the directions as
above issued in public interest, there will be liberty of seeking further
directions as and when required and, in particular, in the event of any
difficulty arising in implementing the directions."
The MMRDA is in the active process of preparing the Development Control Map
and Rules for Mumbai. Noise pollution is an important factor while determining
placement of various infrastructure and establishments and it would be
appropriate to take noise into account while permitting any change in Rules
which would affect noise pollution levels in Mumbai (already the noisiest city
in the world). Therefore, any decision to allow them longer hours for certain
establishments can only be determined after a thorough planning exercise
including a noise map.
It has been proved beyond any reasonable doubt that the presence of an
establishment such as a restaurant or pub in a Silence or Residential Zone
would lead to increased use of horns and consequent noise pollution. Citizens
and citizens’ groups have actively represented against such noise pollution. In
addition the issue is of law and order and safety of the Citzens needs to be
looked into. Is the Police geared up for maintaining law and order in such
situations?
We request that the decision to allow restaurants and pubs to remain open
all night, which presently rests with you, should be taken in accordance with
the direction of the the Hon’ble Supreme Court of India. No restaurnats/pubs
should be permitted to remain open all night in any Silence or Residential Zone
of Mumbai. In this case also the RTI Act Section 41(c), 4(1)d, 4(2), 4(3), 4(4)
provision is applicable before taking any decisions for applicability of law)
The Mahiti Adhikar Manch, NCPRI (National Campaign for People's Right to
Information, Maharashtra RTI Council, Police Reform Watch, Watch Dog
Foundation,Sahar Citizens Forum and SOUL( Save Our Land) believes that in a
democracy all laws must be made or amended with the consent of the people after
going through a meaningful and effective process of consultation. We urge the
Government to put in place the pre-legislative consultation process recommended
by civil society and the National Advisory Council.
With regards.
Yours in service of RTI
Dolphy Elma D'souza
Bhaskar Prabhu
Convenor
Convenor
Police Reforms Watch
Mahiti Adhikar Manch &
09820226227
Maharashtra RTI Council
Co Convenor
NCPRI
9892102424
