Friday, June 17, 2011

WBPCB's arbitrary decisions hurt fireworks traders

Deafened by noise?

The West Bengal State Pollution Control Board’s dictum on noise pollution is not in accordance with the standard set by the Ministry of Environment and Forests.

The national standard at 125 decibels was fixed by the National Committee on Noise Pollution Control (NCNPC) after considering a detailed study done by National Physical Laboratory (NPL) and Defence Institute of Physiology and Allied Services (DIPAS). It also considered the permissible decibel standards in several other countries.

The WBPCB first set the permissible noise level at 65 decibel (dB) in 1996. But its decision was challenged in the Court where the counsel for the Board could not explain the logic behind fixing the noise level at 65 dB. Justice Bhagabati Prasad Banerjee of Calcutta high Court said in his order, “The Pollution Control Board in our view has acted in a manner which is illegal.” The court directed the Board to take a decision by October 3, 1997. The meeting with the fireworks dealers was held once, as had been directed by the High Court, but ended without any conclusion. Then, the PCB came out with new standard of 90 dB, again without any scientific data or study to support its decision. But it took shelter under Rule 3(2) of WBPCB Act, which empowers it to adopt more stringent standards. But can that right be exercised without any scientific logic?

Those who are directly affected by this decision include the manufacturers, workers and the traders who deal in fireworks. The fireworks industry is incurring losses in crores due to the PCB's arbitrary decisions.

West Bengal is the gateway to the markets for firecrackers— majority of which come from Tamilnadu’s Sivakasi-based industries— in eastern and northeast India. The Court has allowed importing fireworks of more than 90 dB (but less than 125 dB) for re-export out of the state. But the traders find it difficult as the police seize goods on way to export. A petition signed by 8000 traders and dealers, on behalf of the Pradesh Atasbaji Byabsaee Samity to WBPCB to adhere to the nationally accepted standard has been rejected. The Samity also approached the Standing Committee of the concerned department but it too went in vain.

The police, who seldom carry proper equipment to measure the decibels, harass the common people using firecrackers, and arrest indiscriminately even on festival days each year. They even do not care for the Supreme Court’s order dated March 26, 2007 that says, “…for the festivals and ceremonies, the restrictions can be relaxed… subject to directions given by the appropriate authorities of Department of Explosive”.

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