MUM’S the WORD!

Gajanan Khergamker Mumbai

In what seems like a rush job aimed to earn brownie points with the city's affluent, aware and active, Mumbai's civic body issued a directive declaring more than 40 per cent of the city as 'Silent Zone'. A loud proclamation vis-à-vis a hush that's near impossible to ensure.

However, for the record, Brihanmumbai Muncipal Corporation's most recent move declaring 1,113 locations as 'silence zones' comprises more than 40 per cent of the total 437.71 sq kms of Mumbai. For a metropolis like Mumbai where vehicular congestion is a way of life and bumper-to-bumper traffic is the way to reach office and back home for its road commuters, noise is probably an inevitable derivative.

In the absence of disciplined behaviour, the law helps develop and control public opinion as well as behavioural patterns that are an inevitable spin-off. But, the law, in itself, is only a code that cannot be followed strictly in a democratic setting where public will rules the roost.

So, we're back to square one where the people need to be disciplined through communication, debate and non-legal methods so that they don't feel like they are forced to concede or acquiesce to situations against their democratic will: which brings us to the ever-agonising truth that humans are probably cruder than most other beings in their respective public space.

Without provocation or situational need, drivers across the nation -- right from New Delhi to Mumbai, Kolkata to Ahmedabad, even down south in Bangalore - in trying situations of traffic snarls and snags, are known to honk, holler and harass just anyone available at that point of time.

Irrespective of the time of the day or night and equally oblivious to public sentiments, car-owners let loose horrendous sounds of children wailing, girls screeching, donkeys braying and so on and forth to announce they are reversing their vehicles. And, till they manage to manoeuvre in and out from space-crunched situations, their tunes continue to bellow - at deafening
pitches too.

Now, in the Rabin Mukherjee and others vs State of West Bengal and others case (AIR 1985), an application for a Writ of Mandamus was filed in the Supreme Court by the petitioners for an order directing the Respondents to enforce the provisions of Rule 114 of the Bengal Motor Vehicles Rules containing restrictions against the use of electric and air horns which were creating noise pollution which was having an adverse effect on public health.

The Supreme Court held that noise pollution arising from the use of loud horns, in violation of the rule, is injurious to health and was among the different causes of environmental pollution. It directed the state authorities to issue notifications immediately regarding the restrictions contained in the rule and direct the removal of electric or air horns which create a loud or shrill sound, and to ensure that no fitness certificate is granted to vehicles in the case of non-compliance with the rule.

This looks fine on paper but then it didn't quite stop your pesky neighbour from "backing up" his fave 'Fronti' in the middle of a silent night playing an eardrum-splitting electronic 'child's wail' to announce his arrival. "The law's well in place but you need to register a complaint with the local police first," offers advocate Maitreyee Gaitonde, who adds, "them actually doing their bit in controlling the felon is another
issue altogether."