Noise Pollution And Environmental Fiscal Measures: An Analysis Of Vehicle-Related Penalties, Collection And Utilisation In Tamil Nadu
Surya Priya P, LL.M., Taxation Law, School of Law, Joy University
ABSTRACT
Noise pollution has become an important environmental issue in fast urbanizing areas, especially where the rise in motorization has driven an increase in traffic noise. The problem of vehicular noise in Tamil Nadu is caused by horn abuse, use of various types of horns, poor silencing capacity of the vehicles, modified exhausts, and other forms of illegal noise from the vehicles. The Indian environment law regulates this kind of behavior through the Noise Pollution (Regulation and Control) Rules, 2000, the Environment (Protection) Act, 1986, the Motor Vehicles Act, 1988, the Central Motor Vehicles Rules, 1989, and Tamil Nadu Motor Vehicles Rules, 1989. In Tamil Nadu, a Green Tax is also levied on certain older motor vehicles as per Yam Nadu Motor Vehicles Taxation Act, 1974. This paper investigates the current legal and financial systems of the vehicle noise-related regulation and assesses whether they can really qualify as environmental fiscal measures or whether they operate mainly as regulatory mechanisms. Moreover, it looks at the risk of creating some sort of an environmental payment system connected to vehicle-related laws, which will be of importance to the tackling of noise pollution in Tamil Nadu.
It seems that the present system is branched, as legal regulations entail financial consequences for the use of vehicles that pollute or act out of compliance, but there is a lack of clarity and designation connecting those revenues with the prevention of noise pollution. A doctrinal and policy-oriented approach has been taken along with the use of previously published scholarly articles, legislation, court rulings, and regulatory documents. The writer proposes establishing a special fund for the purpose of vehicle noise preservation, introducing online monitoring of fines, differentiating the charge based on the extent and timing of the violations, and creating stronger measures against altered horns and mufflers. This paper explores the possibility of improving the existing fiscal scheme of Tamil Nadu as well as its working legal system in such a way as to contribute positively to the current environmental and sustainable initiatives.
Keywords: Noise Pollution, Environmental Fiscal Measures, Vehicle Noise, Green Tax, Vehicle Penalties, Tamil Nadu, Environmental Fund, Polluter Pays Principle.
