Noise Pollution Control and Licensing Protocols for Loudspeakers Being Used by Street Hawkers: Roles of CPCB, SPCB, MOEFCC, and Municipal Corporations.Whether Street Hawkers are allowed to use Loudspeakers in Residential Areas to sell their Goods and Merchandises or not?

[YAGAY andSUN]

Street hawkers using loudspeakers in residential areas to sell goods or merchandise is a matter regulated under multiple legal frameworks in India, primarily concerned with noise pollution, public nuisance, and municipal regulations. Here is an explanation in context with the relevant authorities and laws:

1. Noise Pollution (Regulation and Control) Rules, 2000 – under The Environment (Protection) Act, 1986

• Authority: Central Pollution Control Board (CPCB) & State Pollution Control Boards (SPCBs)
• Key Provisions:
  • The Noise Pollution Rules categorize areas into industrial, commercial, residential, and silence zones.
  • Permissible noise levels in residential areas (as per ambient air quality standards):
    • Day time (6 a.m. to 10 p.m.): 55 dB(A)
    • Night time (10 p.m. to 6 a.m.): 45 dB(A)
  • Use of loudspeakers/public address systems is prohibited between 10 p.m. and 6 a.m., unless permitted for special occasions.
  • For any use of amplified sound, prior permission is required from the local authority or SPCB.

2. Municipal Corporation Regulations

• Authority: Local municipal bodies (e.g., MCD in Delhi, BMC in Mumbai)
• Most municipalities regulate hawking through a licensing system.
• In many urban areas, hawkers are not allowed to use loudspeakers, especially in residential zones, without specific permission.
• Municipal bye-laws often prohibit any nuisance-causing activity in residential neighbourhoods.

3. Model Guidelines for Street Vendors (Urban) 2016 – Ministry of Housing and Urban Affairs

• These guidelines under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 mandate:
  • Formation of Town Vending Committees (TVCs) to regulate hawking zones.
  • Non-intrusive vending is encouraged.
  • Vendors are not allowed to use loudspeakers unless permitted, as it is considered disturbance to public tranquility.

4. Role of the Ministry of Environment, Forest and Climate Change (MoEFCC)

• MoEFCC is the nodal ministry for framing environmental policy and oversight.
• It has delegated regulatory powers to CPCB/SPCBs, which issue and enforce noise pollution standards.
• Through its notification authority, it enforces the Noise Pollution Rules, 2000.

5. Judicial Precedents

• The Supreme Court and High Courts have repeatedly ruled that unauthorized use of loudspeakers in residential areas is a violation of fundamental rights (right to life under Article 21 due to noise pollution).
• Example: In Re: Noise Pollution – AIR 2005 SC 3136, the Supreme Court emphasized strict regulation of loudspeakers, especially in residential areas.

✅ IPC vs. Bharatiya Nyaya Sanhita (BNS) – Public Nuisance

The Bharatiya Nyaya Sanhita, 2023 (BNS), which replaces the Indian Penal Code (IPC), comes into force from July 1, 2025, and it reclassifies several provisions of the IPC, including those related to public nuisance.

Under IPC:

• Section 268 – Public Nuisance

A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general...

Equivalent under BNS:

📜 Section 280 of the Bharatiya Nyaya Sanhita, 2023 – Public Nuisance

This section is substantially the same as IPC Section 268, with minor changes in language to simplify and modernize the text. It still holds that:

Whoever does any act or illegal omission which causes common injury, danger, or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger, or annoyance to persons who may have occasion to use any public right, shall be deemed to commit a public nuisance.

Implications for Loudspeaker Use by Street Hawkers:

• Unauthorized loudspeaker use in residential areas, causing disturbance or annoyance, will fall under Section 280 BNS, just as it did under Section 268 IPC.
• Penalties can also be invoked under other sections if the nuisance is persistent or affects public health or order.

Supporting Provisions (if needed):

• Section 282 BNS – Negligent act likely to spread infection of disease (if loudspeakers attract crowds during outbreaks)
• Section 290 IPC (now Section 282(2) BNS) – Punishment for public nuisance in cases not otherwise provided for (minor fines, etc.)

Conclusion:

No, street hawkers are not generally allowed to use loudspeakers in residential areas without prior permission. Doing so may:

• Violate Noise Pollution Rules (2000).
• Breach municipal bye-laws.
• Constitute public nuisance under Section 268 IPC.
• Be penalized by SPCBs or local authorities.

Way Forward

To legally use a loudspeaker, a hawker would need explicit permission from the municipal corporation and possibly from the SPCB, keeping within the noise limits.

Here is a template for a permission letter that a street vendor can use to request permission to use a loudspeaker from the Municipal Corporation or local urban body:

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📄 Permission Request Letter for Use of Loudspeaker by Street Vendors

To
The Commissioner / Chief Officer
[Name of Municipal Corporation / Municipality]
[City Name]
[Full Address]

Date: [DD/MM/YYYY]

Subject: Request for Permission to Use Loudspeaker for Street Vending in Residential Area

Respected Sir/Madam,

I, [Your Full Name], am a licensed street vendor operating in the area of [Area Name/Zone/Street], holding vendor license number [License Number], issued by [Municipal Authority Name] under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.

I hereby request your kind permission to use a small battery-operated loudspeaker between [Start Time] and [End Time], for the purpose of announcing my goods (e.g., fruits, vegetables, household items) while vending in the [specific residential locality name]. The sound level will be kept within the permissible noise limits as per the Noise Pollution (Regulation and Control) Rules, 2000, and I assure you that:

1. The loudspeaker will be used only during daytime hours (between 6:00 a.m. and 10:00 p.m.).
2. The volume will not exceed 55 dB(A) in residential zones.
3. I will not use the loudspeaker in silence zones (near schools, hospitals, or courts).
4. I am willing to cooperate with officials for any checks or conditions imposed.

I understand that causing noise nuisance is a punishable offence under applicable municipal bye-laws and the Bharatiya Nyaya Sanhita, 2023 (Section 280 – Public Nuisance), and I will ensure compliance at all times.

I humbly request your approval for the same. Kindly consider my request favourably.

Thank you.

Yours sincerely,
[Your Full Name]
Vendor ID / License No.: [Vendor License No.]
Mobile: [Phone Number]
Address: [Your Complete Address]
Signature: _____________________