Justice Bhagabati Prasad Banerjee

Rabin Mukherjee vs State.

Reported in AIR 1985 Cal 222.


Use of electronic and/or air horn instead of bulb horn. It creates noise pollution and it has adverse effect on public health. Indiscriminate use of such horn is amounting to noise pollution in the city . Sudden blowing of such horn by Transport vehicles are producing rude shock in the human system and is acknowledged to have serious effect on various aspects of human life including blood pressure, mental and nerve system. Referring to studies of noise pollution, the Supreme Court concluded that the noise pollution arising from the use of loud horns, in violation of the above mentioned Rule, is injurious to health and was among the different causes of environmental pollution. Court 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.