AIR 2005 SUPREME COURT 3136 ::2005 AIR SCW 3525 ::(2005) 67 CorLA 108 ::(2006) 2 CivLJ 284 ::(2005) 3 CivilCourtC 629 ::2005 (5) SCC 733 ::2005 (3) RecCriR 801 ::(2005) 3 RecCivR 449 ::(2005) 5 Scale 475 ::(2006) 2 CurCC 548 ::2005 (4) AllCriLR 138 ::2005 (5) Bom CR 553 ::2005 (3) All WC 2685 ::2005 BLJR 2 1612 ::2005 (32) OCR 102 ::(2005) 4 JCR 4 (SC) ::2005 (4) PatLJR 14 ::2005 (5) SCJ 165 ::2005 (3) UC 1450 ::2005 (5) SLT 403 ::2005 (5) Supreme 77 ::(2005) 6 JT 210 (SC) ::2005 (6) SRJ 515 ::ILR(ker) 2005 (3) SC 675

Supreme Court Of India

Hon'ble Judge(s): R. C. Lahoti, Ashok Bhan , JJ

(A) Constitution of India , Art.21, Art.19(1)(a)— Right to life - Includes freedom from noise pollution - Polluter cannot take shelter under Art. 19(1)(a) - Freedom of speech and expression is not absolute right - Art. 19(1)(a) cannot be pressed to defeat Art. 21 Art. 21 is not of mere survival or existence. It guarantees a right of persons to life with human dignity. Therein are included, all the aspects of life which go to make a person's life meaningful, complete and worth living. The human life has its charm and there is no reason why the life should not be enjoyed along with all permissible pleasures. Anyone who wishes to live in peace, comfort and quiet within his house has a right to prevent the noise as pollutant reaching him. Those who make noise often take shelter behind Art. 19(1)(a) pleading freedom of speech and right to expression. Undoubtedly, the freedom of speech and right to expression are fundamental rights but the rights are not absolute. Nobody can claim a fundamental right to create noise by amplifying the sound of his speech with the help of loudspeakers. While one has a right to speech, others have a right to listen or decline to listen. Nobody can be compelled to listen and nobody can claim that he has a right to make his voice trespass into the ears or mind of others. Nobody can indulge into aural aggression. If anyone increases his....