When Arpita Khan Sharma's neighbours complained of noise pollution, the Khar police promptly booked her under the Bombay Police Act, 1951, and fined her Rs 12,500. Anti-noise pollution campaigners have pointed out that the reluctance of the police to charge polluters under the more stringent Noise Rules, 2000, is a significant reason for violation of decibel levels in the city. Dr Y Oke, founder secretary of anti-noise pollution committee Mumbai, said the Bombay Police Act, 1951, does not consider noise as a pollutant. "All the Bombay high court and Supreme Court orders direct the police to implement the Environment Protection Act, 1986, under which the Noise Rules 2000 were formulated. The police are not only doing a great disservice to citizens but is also violating the Act and the numerous court orders by not implementing the Rules," he said. Under the Noise Rules, an offender can be fined Rs one lakh and face imprisonment up to five years or both. Activists said if action is taken against a few offenders under these rules. Sumaira Abdulali, convenor of Awaaz Foundation, said action should be taken under both the Bombay Police Act and the Environment Protection Act simultaneously. "Although the Environment Protection Act is more stringent, action cannot be taken on the spot as an FIR has to be filed, investigation conducted and the matter goes to a court, which takes years. Under the Bombay Police Act, the police have powers to seize equipment and loudspeakers and can also impose spot fines. Seizure of equipment being illegally used is the best option," she said. The state environment department has reconfirmed through a government resolution that the police commissioner in urban areas will be responsible for the implementation of the Noise Rules. In its affidavit filed in court on Monday, principal secretary (home) B K Upadhyay said the senior inspectors of local police stations will take action against offenders. Abdulali said the police are not sensitized on Noise Rules, particularly during festival season. The only portion of the Noise Rules, which is sometimes implemented mostly in south Mumbai only, is the time limit, she said. "It is impossible to get through to the police control room," said Abdulali, adding that constables who accompany processions are unaware about Noise Rules and often refuse to take action or give misleading answers about times limits. TIMES VIEW The BMC and police should be honest in their implementation of rules. They need to use every law in the book to curb noise pollution and ensure right of way for motorists and pedestrians. Festivals, religious or secular, should not be allowed to inconvenience non-participants or disrupt normal life.