Heart Patient Disturbed by Neighbor's Kids Creating Excessive Noise and Using Abusive Language—Is There Any Legal Action That Can Be Taken in Pakistan?

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Yes, there are legal avenues available to address the noise and disturbance caused by your neighbors’ children.

Addressing Noise and Nuisance

Several laws and legal principles can be applied to your situation:

  1. Pakistan Penal Code (PPC):
  • Section 268 of the PPC defines public nuisance as an act or omission that causes common injury, danger, or annoyance to the public or to people living or occupying property in the vicinity.
  • If the noise and abusive language create such a level of disturbance that it affects the community, it could be considered a public nuisance.
    • In Islamuddin and others v. Ghulam Muhammad and others, PLD 2004 Supreme Court 633, the Supreme Court of Pakistan clarified that operating a business, even with a license, cannot infringe upon the rights and comfort of residents in a residential area. This principle can be extended to any activity causing nuisance.
  1. Private Nuisance:
  • Even if the disturbance doesn’t qualify as a public nuisance, it may constitute a private nuisance if it specifically affects your comfort and health.
  • The case of Muhammad Sharif and others VERSUS Tippu Sultan and others, 2001 MLD 1299, supports the assertion that individuals have a right to the comfortable enjoyment of their property, free from unreasonable interference caused by the activities of their neighbors. The court held that constant and abnormal noise interfering with physical comfort can be an actionable nuisance.
  • In Dr. Tajuddin Manji v. Societe International De-Telecommunications Aeronautiques, 1983 CLC 295, the court acknowledged that annoyance or disturbance can be complained of if it assumes the character of nuisance.
  1. Constitutional Rights:
  • Article 9 of the Constitution of Pakistan guarantees the right to life, which has been interpreted to include the right to a clean and peaceful environment.
  • In Islam Hussain Versus City District Government, 2007 CLC 530, the Sindh High Court emphasized that every citizen has a fundamental right to an unpolluted atmosphere and clean air under Article 9 of the Constitution, which encompasses the right to life.
  1. The Cantonments Act, 1924:
  • If you reside within a cantonment area in Rawalpindi, The Cantonments Act, 1924, Section 118 provides penalties for causing nuisances, including disturbing public peace or order by singing, screaming, or shouting.
  • The_Cantonments_Act_1924, Section 118, states that whoever disturbs the public peace or order by singing, screaming, or shouting shall be punishable with a fine which may extend to five thousand rupees.

Steps to Take

  1. Initial Communication:
  • Start by having a polite conversation with your neighbors. Explain how the noise is affecting your health and well-being. Sometimes, a simple conversation can resolve the issue.
  1. File a Complaint with Local Authorities:
  • If direct communication doesn’t work, file a written complaint with the local police station or relevant municipal authorities. Provide specific details about the disturbances, including dates, times, and the nature of the noise.
  1. Legal Notice:
  • Consult with a lawyer and send a legal notice to your neighbors, outlining the nuisance and warning them of potential legal action if the behavior persists.
  1. File a Civil Suit:
  • If the nuisance continues despite the above steps, you can file a civil suit in the local court seeking an injunction to restrain your neighbors from creating the nuisance.
  1. Seek Mediation:
  • Consider seeking mediation through a local community center or dispute resolution council. A neutral third party can help facilitate a resolution between you and your neighbors.

Balancing Rights

It’s also important to acknowledge neighborhood dynamics and balance your rights with the rights of others. Courts often consider the character of the locality when assessing nuisance claims, as seen in Lawrence and Another v Coventry and Others, 2014 SCMR 1069. However, this doesn’t mean you have to endure disturbances that significantly impact your health and quality of life

Conclusion

Given your situation, where the noise and bad language are impacting your health as a heart patient, taking legal steps to address the nuisance is justified. Start with communication, escalate to formal complaints, and be prepared to take legal action if necessary to ensure your right to a peaceful living environment is protected.