These exclamations might be haunting you too often if you are living in a house where the adjacent room-dwellers fight constantly or play loud music; or in a neighborhood where the residents outside your perimeter walls throw big parties. The problem might also aggravate if the dog next door loves to bark at trivial matters.[break]
Noisy neighbors are a common problem of the society. However, it can bother you to such an extent that you might sometimes give it a thought to relocate from your current abode. And approaching these nuisance-creators with a plea to stop their favorite chores might cost you dearly.
“I’ve been bearing the brunt of noisy neighbors for a year,” recounts Ram Babu Shrestha, 46. His only son, Nikesh, had a hard time negotiating the noise made by the neighbors during his School Leaving Certificate (SLC) examinations.
“I made several attempts to convince the neighbors that their noises were taking a toll on the study of my son,” adds Shrestha. “But the belligerent neighbors always turned a deaf ear to my pleas.”
The noise from neighbors that barges into your place uninvited robs you of decent sleep. The frenzied night-lovers turning on the volume of music might give you a nightmare. And trying to tame these oblivious species might just be like bearding a lion in its den.
However, if you are not the type who can savor atrocity and you have the guts to stand upright to combat this social evil, you can always make the difference.
“Although the books of law in Nepal don’t have any direct provisions to prosecute these noise creators, the victims can always opt for a legal way to contain noisy neighbors,” says advocate Lav Kumar Mainali.
According to Mainali, while the path to understating among neighbors always counts the best, any neighbor who turns hostile to another’s request needs to be prosecuted in accordance to the prevailing laws.
So, it’s the time to act and reap the benefits. You could spearhead a revolution in the society by saying ‘no’ instead of remaining mute spectators against this social injustice.
“If you see your attempts to convince the neighbors to stop the noise yielding no positive results, you can lodge a complaint with the local police,” the advocate suggests.
Upon receiving the complaint, the police might try to convince the neighbor who is creating the nuisance that such an act will be reprimanded in the court of law. And, if the noise goes unabated, a case will be filed with the Chief District Officer (CDO) under the Public Offence Act.
“The CDO serves as a quasi-judicial body and he/she can make the noisy neighbor to cough up a fine of up to Rs 10,000,” says Mainali, referring to the page of the law book that was laid before his table.
Moreover, if the CDO notes that the nature of the offence is grave, he/she may even recommend an imprisonment of upto two years besides the fine. After the CDO’s recommendation, it then remains under the discretion of the Appellate Court whether to endorse the sentence or to acquit the victim.
Asked to comment, the Metropolitan Police Range in-charge SP Ramesh Kharel was of similar opinion.
He assured that if anyone lodges a complaint against noisy neighbors, the latter will not be spared. He, however, said, “The onus to respect other’s privacy lies at the hands of civilized people.”
“Nobody is above the law and no law permits a person to rob the peace of others’,” continues Kharel. “Even if there in no direct provision in the books of law to prosecute those neighbors who disturb the peace of others such people will be penalized under the Public Offence Act.”
But, again, pertaining to the fact that there are no direct provisions in the existing law, the loopholes are a matter to ponder.
“Since there are no direct provisions to bring the noisy neighbors in the dock, we may have to consider amendment in the law books,” opines advocate Tika Ram Bhattarai.
He informed that a law by the name of Civil Code (Dewani Samhita) was in the cards that would overtly envisage the provision to prosecute noisy neighbors. He added that the bill was drafted under the chairmanship of Supreme Court Justice Khil Raj Regmi.
“We’ve submitted the draft of the bill to the Office of the Prime Minister and I hope that the Bill will be presented before the Parliament for endorsement in the near future,” says Bhattarai.
Every citizen must know the laws of the land. None should buckle under any kind of injustice.
“Being an onlooker and kneeling before suppressions can never usher in changes in the society,” says Mainali. “We must develop a habit of gaining access to the laws.”
Don’t you think it’s a high time to rein in the nuisance?
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