The people living in the coastal belt of North Goa, especially in and around Anjuna, are suffering immensely due to the loud music parties that are held almost every alternate day, which becomes unbearable during the weekends.
This nuisance of loud music is not only a menace during the tourism season, but continues throughout the year, making the residents of these areas go sleepless. Unfortunately, not everyone wants to speak about it as people feel that there is no point in fighting because the authorities are equally responsible for the same.
While the high court order states that music can be played in limited decibels till 10 pm and shut down by 10 pm, there are organisers who have their parties starting at 9 pm and after as per the posters that they share on social media for publicity.
The loud music played during the night not only gives sleepless nights, but also causes mental harassment to the residents of the affected areas. The worst affected are the senior citizens, people with health issues, children and students, especially while preparing for exams.
While tourism in other States like in Kerala is flourishing without such music parties, it is said that having such loud music parties is also one of the reasons for declining quality tourism in the State of Goa.
It is also said that one of the reasons why the orders passed by the High Court goes deaf years as 90 per-cent of these clubs/restaurants which are involved in these violations are being operated by outsiders, who don’t have any sensitivity towards the problems faced by the locals.
With this nuisance going on unabated, ignoring even court orders, it is necessary to ask whether the people living in the area actually have the right to live as per the Constitution of India.
According to the Noise Pollution (Regulation & Control) Rules, 2000, the Supreme Court had directed that there shall be a complete ban on bursting of sound emitting firecrackers between 10 pm and 6 am, no one shall beat a drum or tom-tom or blow a trumpet or beat drum or sound any instrument or use any sound amplifier between 10 pm and 6 am.
The peripheral noise level of privately owned sound systems shall not be more than 5 dB of ambient air quality standard, specified for the area in which it is used, at the boundary of the private place.
To implement these directions, the police who are the one of the main acting authorities, are duty bound to enforce the Noise Pollution (Regulation & Control) Rules, 2000 violators shall face confiscation of the offending equipment as well as per provisions of the Environment Protection Act, 1986 which may extend to imprisonment up to One-Year or fine up to Rs 1 lakh or both.
As per one of the directions of the High Court, every police station has to maintain a separate register for noting complaints of Noise Pollution. The Police Inspector In-charge of every police station shall submit monthly reports to the Superintendent of Police North and South respectively of all the complaints received complaining about noise pollution and sound violators, along with the names and address of the violator, and action taken on the same.
When a complaint is made by a person, the police constable or the officer attending the call should disclose his full name and designation at the time of attending the call and record full details of the noise pollution i.e. location of the place where the alleged violation is taking place.
It is also further learnt that permission is required for using loudspeakers or public address system or sound producing machinery in open-air in residential areas, a letter of consent from the Goa State Pollution Control under Air (Prevention and Control of Pollution) Act, 1981 has been made mandatory by the Collector & District Magistrate, North Goa. However, hardly any establishment obtains this permission.
It can be recalled that the Citizens’ Committee on Noise Pollution constituted by the court for proper implementation of Noise Pollution (Regulation and Control) (Amendment), Rules 2010 had proposed development of a mobile application for allowing the Citizens Committee members to register complaints 24x7 and curb the noise violations in a systematic manner. The app was created and access to the same was given to the Committee members and public. However, due to technical reasons, it was never fully utilised.
Narrating his ordeal, Ravi Harmalkar, a local from Anjuna said, “All these places involved in loud music are being operated by outsiders who don't care about the orders of the courts, including the High Court. These outsiders operate a nexus who along with drug mafia control the government as well as the government officials including the police to run their businesses.”
“Every time I dial ‘100’ to inform the police about loud parties, the police don't turn up and if an RTI is filed to get the details of complaints and FIRs filed against loud music, then their response says there are zero complaints and zero FIRs,” Harmalkar said.
“With no respect to the high court orders, parties are being played blatantly and if people call the police, then police have only one thing to say: no loud music is playing. People have become helpless as the authorities who are responsible to act as per the orders of the high court are not acting”, another local Seby Fernandes said.
However, the menace of noise pollution is not restricted to the beach areas of the coastal belt only. It also reached the internal parts of the belt, including Assagao which is one of the most beautiful and quiet villages. A local resident Alok Gupta said, “There is a restaurant named Mystras located in the ward at Mazalwado Assagao, which is the biggest culprit. It doesn’t stop playing loud music despite all our efforts. The panchayat has to revoke permissions of such restaurants that are running like clubs. This Mystras is a night club right in the middle of the village,” Gupta said.
“Unfortunately, local residents are powerless. People feel discouraged to act. Authorities are sanctioning and allowing these illegalities. These people think that they can buy anyone and they have no intention of listening to people and following any rules and regulations,” he said.
Sagardeep Sirsaikar, a crusader against loud music, said, “Romeo lane has a shack policy license and in the month of May all the shacks should be stopped and remain shut till September. But music parties continue till 6am in the Romeo lane. The High Court should issue directions to all the concerned authorities to seal the properties of those who are violating the court orders.”
Sirsaikar further added that the HC should also direct the Goa State Pollution Control Board (GSPCB) to cancel their consent to operate.
“The issue is that the High Court has directed GSPCB to install sound level decibel meters, but the Board has failed to install the same,” he alleged.
Kapil Phadte, former Deputy Collector of Bardez said, “I used to receive a number of noise pollution related complaints and even acted on them. Although the police were directed to take action, I never received proper cooperation from the police, especially from the then police inspectors of Anjuna and Calangute police stations.”
Phadte said that the meters that they were given by the magistrate were of no calibre. He also insisted upon need for a standard operating procedure to eliminate this issue.
“Faulty meters are one of the obstacles in dealing with noise pollution. Also, there are no standard operating procedures to follow. Another problem is I faced was that I never received cooperation from the police, Phadte said.
Meanwhile when contacted, Anjuna PI Prashal Desai said, “There aren’t any cases of noise pollution pending with us. We have not received any complaints about loud music in recent times. Hence, the number of such complaints is nil.”