Disrupting The Peace: A Comprehensive Study Of Public Nuisance And Legal Remedies
- IJLLR Journal
- Apr 17
- 1 min read
Thelu Ganesh, Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur, India.
ABSTRACT
Public nuisance, though traditionally rooted in common law, continues to pose significant challenges in contemporary legal and societal frameworks. This paper explores the evolution, scope, and enforcement of public nuisance laws in India, contextualising them within modern disruptions to public order, safety, and morality. It critically analyses statutory provisions, judicial interpretations, and administrative measures, highlighting the balancing act between individual liberties and collective rights. The study also explores the overlap between public nuisance and other criminal offences, such as unlawful assembly and demonstrating, to uncover patterns of legal response. Drawing on landmark judgments, comparative perspectives, and socio-legal commentaries, the paper evaluates the effectiveness of existing legal remedies and suggests reforms to ensure accountability and clarity in enforcement. It underscores the need for a more nuanced and adaptive legal approach to address evolving manifestations of public nuisance in urban and digital spaces.
Keywords: Indian Penal Code, Public Nuisance, Code of Criminal Procedure, Public Interest Litigation, Environment (Protection) Act, Specific Relief Act, Air and Water Acts.
