Crime punishment
Provisions for smoke and sound emission
Delara Hossain
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The term “pollution”, which carries with it a sense of impurity, can be defined as a chemical or physical agent in an inappropriate location or concentration. The sources of pollution are varied. Pollution production can be considered under the heading of the four major human activity sectors: industry, energy, transportation, and agriculture. With the marked increase in human population and the industrialization of much of the globe has come a whole new set of pollutants. This pollution contaminates air, sound, water, soil etc.
A major part of the pollution in Bangladesh occurs due to the emitting of smoke and sound from motor vehicles.
Emitting of Smoke: Smoke from vehicles or factories are responsible for the air pollution.
Section 2 of the Bangladesh Environment Conservation Act, 1995 defines pollution as follows
Pollution: It means that, the contamination or alteration of the physical, chemical, or biological properties of air, water or soil, including change in their temperature, taste, odor, density, or any other characteristics or such other activity which by way of discharging any liquid, gaseous, solid, radioactive or other substance into air, water or soil, or any component of the environment, destroys or causes injury and harm to air, water, soil, livestock, wild animal, bird, fish, plant or other forms of life.
In several laws, emitting of smoke has been stated in different ways. The laws are given below:
1. Section 6 of the Bangladesh Environment Conservation Act, 1995 states about the restriction on vehicles emitting smoke injurious to environment.
2. Section 4 of the Environment Conservation Rules, 1997 states about the vehicles emitting smoke injurious to health and otherwise harmful.
3. Except these, there is another law namely the Brick Burning (Control) Act, 1989 which controls the emitting of smoke. According to the Act, brick burning is strictly prohibited with burning wood.
4. Section 150 of the Motor Vehicle Ordinance, 1983 states that whoever drives or causes or allows or lets out a motor vehicle for use in any public place, the smoke of which would constitute a health hazard shall be punishable with fine which may extend to two hundred taka.
Standards for emission from Motor Vehicles: (Table-1)
Sound:
Schedule 4 of the Environment Courts Act, 2000 deals with the level of the sound for different purposes.
Schedule 4 - Standards for sound
(Table-2)
Note:
1. From 6 at morning to 9 at night is tentative to daytime.
2. From 9 at night to morning at 6 is tentative to nighttime.
3. Quite place means a place where hospitals, schools are situated and where the silent signs are provided there within 100 diameters horn and loudspeaker are strictly prohibited.
Motor vehicle or machine river vehicle's sound level, Schedule -5
At the time of taking measurement, the motor vehicle shall not be in motion and its engine conditions shall be as follows -
* Diesel engine - maximum rotating speed.
* Gasoline engine - at two thirds of its maximum rotating speed and without any load.
* Motorcycle - If maximum rotating speed is above 5000 rpm, two-thirds of the speed, and its maximum rotating speed is less than 5000 rpm, three-fourth of the speed.
Conclusion: A variety of approaches have been developed to manage existing pollution. These include punishment of polluters through regulation, taxation, fines, tort suits, and other deterrents; encouragement of nonpolluting approaches through tax and other incentives; and education of the public. The increased awareness of the potential harmful effects of pollution has had a major impact on industries and on individuals, particularly the young, who have led the way in activities such as recycling. Risk assessment has developed as a useful technique to estimate the risks of environmental pollutants and to establish priorities for environmental control and remediation efforts. These efforts to manage existing pollution are largely a form of secondary prevention in that the pollution already exists and the focus is on lessening the extent or the effects.
The writer is working with Law Desk.
