Allahabad HC takes suo motu cognisance of Class 2 student's death amid loud DJ music

The Allahabad High Court has taken suo motu cognisance of the death of a Class 2 student who collapsed inside her classroom in Balrampur while a procession carrying a loud DJ system was passing nearby.

A Lucknow bench of justices Rajan Roy and Manjive Shukla, hearing a PIL on the misuse of pressure horns, modified silencers and hooters, said the incident raised wider concerns about noise pollution and warranted separate suo motu proceedings.

The girl, a student of Divine Public School on City Palace Road in Bhagautiganj, reportedly collapsed in her classroom on 22 September while loudspeakers and a music system were being played during a nearby procession. She was taken for treatment but died.

The court, however, made it clear that it had not reached any conclusion about the cause of the child's death. It said the fact that loudspeakers or musical instruments were being played at a very high volume and that the child collapsed immediately afterwards was sufficient to take cognisance.

The bench observed that noise pollution was a growing menace despite being regulated under the Environment Protection Act, 1986 and the Noise Pollution (Regulation and Control) Rules, 2000.

It questioned who was responsible for enforcing the rules and what measures were being taken to prevent violations. If existing measures were inadequate, the court said, a mechanism for regular monitoring of compliance would need to be considered.

The court also stressed the need to create greater public awareness about noise regulations, observing that lack of awareness was a major reason for violations.

Taking note of the circumstances surrounding the child's death, the bench expressed hope that her parents and school authorities would not be pressured and that the school's functioning would not be unnecessarily interfered with by any person or state authority.

The court asked senior advocate Gaurav Mehrotra, who is assisting it as amicus curiae, to assist in the new suo motu proceedings.

It directed the state counsel to obtain reports from the Balrampur district magistrate and superintendent of police and ensure that a copy of the order was served on the school. The school may assist the court with information concerning the 22 September incident.

The new proceedings will examine compliance with the Environment Protection Act and the Noise Pollution Rules, as well as measures required to curb noise pollution effectively.

The matter has been listed for further hearing on 12 October.

Earlier reports said the district administration had ordered a medical inquiry into the girl's death, while police had said the medical cause had not been established.

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