I wanted to begin by writing the summary on Environment Protection Act 2053 BS/1997 AD but after reading it thoroughly (twice) I would much rather critique it or better ignore it. Bear in mind that it was written (formulated?) more than two decades ago. The entire paper has superbly worded pages, a Royal seal which at that time meant serious business (I guess) and if you can read between the lines, “FAILURE” written all over it. Written 10 years before the first generation iPhone was released, the act is yet to be revised let alone implemented. TRAGIC!!!
Let me shift your focus to sound pollution – ignored among the pollution bretherin but still brutal. One of the major noise polluters in Kathmandu is the saw mills (among million others) that have been established as furniture factories in residential areas. Such factories should not have been allowed to register within the Ring Road under the policy of the Department of Cottage Industries, but they are to be found everywhere in the Valley. The government has not given serious priority to control such sound pollution even under the Environment Protection Act, 1997. No single authority has the responsibility or capacity to minimize any form of noise pollution under the prevailing law. I found this article written on The Himalayan Times dated March 22, 2006 stating that when the concerned authority were asked about the sound pollution inside the Ring Road, they answered that without a legal framework, they were also handicapped to take any legal action against such factories. In some areas, even municipalities are unknowingly regularizing such saw mills while collecting local taxes. (And that was on 2006 and it was impossible to find any other legit articles on the net on this topic, except for one in The Kathmandu Post about pros and cons on sound pollution. Come on ‘The Kathmandu Post’, you can do better.)
During my not-so-extensive research I found –
1. A woman in Bhaisepati pleading to the Internet about how can she proceed legally to stop noise pollution from factory near her place with zero reply to the thread. Yes ZERO. (I feel you sister. From one frustrated city dweller to another, I hope you found the peace.)
2. Thesis paper posted on ICIMOD website - 2005. (Topic : “Neighborhood noise pollution in residential area and noise control law : Case study of furniture factory in Baluwatar residential area.”) It was barred from logging in. I tried to contact the author but they have made it impossibly hard to do so. (Working for FBI mister?)
3. Article published on April 14, 2017 by the Ministry of Finance in the Nepal. Stating – Section 36 of the Labour Act, 1992 (Yes, 1992) has vested on the government the power to determine standards of safety at work place. So permissible exposure limit of 90 dBA. And as we all know they are strictly implementing it (Major eyeroll).
The government has not given serious priority to control such activities even under the Environment Protection Act, 1997. No single authority has the responsibility or capacity to minimise any form of noise pollution under the prevailing law.
There are few laws that provide provisions on noise pollution in Nepal. The Civil Aviation Act, 1958 provides a provision to control airplane noise, the Explosives Act, 1961 is to regulate noise from the use of explosives to some extent. But the major noise pollution in the city is from vehicular traffic and textile/metal cutting industries, which have not been covered by any legal framework in Nepal. Provisions controlling noise from other range of accessories like power tools, air conditioners, amplified music should also be taken care in this context. The government has not given serious priority to control such activities even under the Environment Protection Act, 1997. No single authority has the responsibility or capacity to minimise any form of noise pollution under the prevailing law.
And that is all. I, like many of you are, am a victim of things beyond my control. I have tried my best (for years now) to curb the sound pollution in my area, but you know how the story ends. I have written to concerned parties like Department of Environment, Pulchowk, Hariharbhawan and they did not reply. I was not surprised though. I have, now, made a formal complaint to Ward Office but I have little faith in them. So, if anyone of you have any information or suggestion as to what should be next appropriate move – please do share or DM me. Or like that woman in Bhaisepati, I will try to find my peace. Now, ending my rant.
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