Pune Mirror - “Bang, boom ... just shut up” dtd. Mar.11,2023.
melroy fernandes
To
The Editor,
Pune Mirror.
Dear Sir/Madam,
Apropos your news report , “Bang, boom ... just shut up” by Shri Ankit Shukla dtd. Mar.11,2023.
I have been involved with noise pollution control since the year 2000. I have lived in Maharashtra and Karnataka and have made many complaints to the relevant authorities against noise pollution. Based on my experience, i have this to say:
I sympathize and empathize with Shri Banga. If you don't complain then the authorities say you have made no complaints otherwise they would have taken action. If you complain then there is no official recognition or record-keeping of a noise pollution complaint in the system and the complaint is treated as a frivolous complaint and neglected unless you have "influence power". In most cases, the ground-level police constables themselves feel helpless and powerless. If you keep complaining then you will be branded a "habitual complainer" and will be harassed and threatened by the very same authorities!
So, what else can a helpless man do when the State fails in its duty to protect his natural and constitutional right to live peacefully?! ?!
I do not blame Shri Satyabir Banga. He has no option in a country where lawlessness and jungle-raj is the order of the day and night. Unfortunately, the very people - who by way of his taxes - were appointed to protect his rights, will now shamelessly and unethically sit in judgement over his actions and they will point a finger at him while remaining blinded to the 4 other fingers of the same hand that point back at them for their failure to perform their job for which they are being paid.
Not enough that the police, judiciary and the administration failed in their duties and will now punish this man for protecting his natural rights, they will go further and brand this man a ‘mad-man’ and a ‘ habitual complainer’! This happens all over India!
Since the past 23 years, we have never heard of even one offender,anywhere in India, who has been convicted under sec.15 of the EPA 1986, despite it being a cognizable offence and despite the Hon'ble SC and HC's and NGT's of India delivering umpteen judgements requiring control of noise as per the law, yet there is no implementation at the ground level; despite openly rampant misuse and abuse of loudspeakers and fire-crackers during the day and night, 365 days of the year!
Yes, Shri Satyabir Banga should be punished as per the law for his action but the law should treat him leniently and acknowledge that his action was an act of desperation, an act of “survival of the fittest” and totally on account of the failure of the State in the performance of its duties.
The sound system owner, the club owner , the club manager, the bridegroom and bride who hired the club for the marriage must all be booked and punished under the Noise Pollution Rules 2000, i.e.: sec.15 of the Environment Protection Act 1986 with imprisonment for a term which may extend to five years and with fine which may extend to one lakh.
The Commissioner of Police or SP, the DCP or DySP of the area, the ACP or SDPO of the area, the Inspector or SI -in-charge of the police station, the SHO at the time of the incident, the MP of the area, the MLA of the area, the municipal councillor or elected representatives of the panchayat , the Seniour Environment Officer in charge of the regional office of the Pollution Control Board of the area, the Chairman of the CPCB and the Chairman of the MPCB should all be charged with dereliction and negligence of duty and each charged a fine of Rs.2 lakh/- (totalling to Rs. 24 lakh) which shall be deducted at source from their salary and paid into the account of Shri Satyabir Banga within one month of the incident. Additionally, a remark should be made in their appraisal report about their negligence of duty and this should be considered in their prospects for promotion.
Preamble of the United Nations UDHR(Universal Declaration of Human Rights):
Quote
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want.............
Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,
Unquote
The Law - Frédéric Bastiat,1850:
Quote
……… The law become the tool of every kind of avarice, instead of being its check! The law guilty of that very iniquity which it was its mission to punish!
It is not because men have made laws, that personality, liberty, and property exist. On the contrary, it is because personality, liberty, and property exist beforehand, that men make laws. What, then, is law? As I have said elsewhere, it is the collective organization of the individual right to lawful defense.
……Nature, or rather God, has bestowed upon every one of us the right to defend his person, his liberty, and his property, ……….
…..If every man has the right of defending, even by force, his person, his liberty, and his property, a number of men have the right to combine together to extend, to organize
a common force to provide regularly for this defense.
……as the force of an individual cannot lawfully touch the person, the liberty, or the property of another individual—for the same reason, the common force cannot lawfully be used to destroy the person, liberty, or the property of individuals or of classes.
… It is in the nature of men to rise against the injustice of which they are the victims.
Unquote
The 2nd Treatise of Civil Government – John Locke, 1689:
Quote
Those who are united into one body, and have a common established law and judicature to appeal to, with authority to decide controversies between them and punish offenders, are in civil society one with another;
but those who have no such common appeal, …, are still in the state of Nature, each being ……, judge for himself and executioner; which is,….., the perfect state of Nature.
Unquote
Sincerely,
Melroy C.F.Fernandes
Ranga Rao
D.S.Ranga Rao
8379813275
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