The Centre for Environmental Justice (CEJ) has called on the Sri Lanka Police to adhere to the Police circular on regulations pertaining to noise with regard to the “deep Jungle Music and Cultural Festival” which has been organized close to the Galoya Forest reserve.
Issuing a statement, the CEJ said that an entity called Deep Jungle Entertainment (PVT) Ltd has organized the “deep Jungle Music and Cultural Festival” from 17- 19th February 2023 under the patronage of some of the Government authorities next to the “Galoya Forest Reserve”.
The CEJ pointed out that noise levels must be considered as the Galoya Forest Reserve is a well-known elephant corridor in Habarana, which connects the Hurulu Eco Park to Kaudulla and Minneriya national parks.
Full statement:
We have learned that an entity called Deep Jungle Entertainment (PVT) Ltd has organized the “deep Jungle Music and Cultural Festival” under the patronage of some of the Government authorities next to the “Galoya forest Reserve ” a well-known elephant corridor in Habarana (which connect the Hurulu Eco Park to Kaudulla and Minneriya national parks) from 17- 19th February 2023.
The organizers have obtained support and permission from the President’s office, the Prime Minister’s office, the Ministry of Public Security, and others. However, final conditional approval has been issued by the Department of Forest Conservation and the approval highlights the fact that the said location is adjacent to a Reserve Forest. As we have learned 150- 200 elephants cross this elephant corridor daily. Yet, the Department of Wildlife Conservation has given a letter stating this land does not come under the purview of the DWLC. Meanwhile, we have learned that the Ministry of Forest and Wildlife was even not aware of the event.
Considering the fact that the area is a very active elephant habitat, Forest Department has requested the organizers to maintain low noise levels. The Forest Department has warned about elephant movements on the bund of the Karandagaswewa reservoir and advised against staying on the bund of the tank, especially during the nighttime.
As we know, the animal kingdom responds to noise very differently. Hearing ranges from very high-frequency ultrasound (>20,000 Hz) echolocation in bats to very low-frequency infrasound (<20 Hz) in elephants. In addition to that the forest is considered a silent zone as any noise can disturb the wild animals.
Police circular No. 2031\2007, issued by the Inspector General of Police fully prohibits the use of sound-producing equipment from 10 p.m. to 6 a.m. The recent judgment for the case MC 64172/6 against Uduwe Dhammaloka Thero on the use of loudspeakers at Alan Matiniyaramaya was based on this Police circular.
In the supreme court case bearing no.SCFR 38/2005, Al Haj M.T.M. Ashik and four others, Trustees of Kapuwatta Mohideen Jumma Mosque, Denipitiya, Weligama v. R.P.S.Bandula, O.I.C Weligama and nine others, Court made directions restricting the use of loudspeakers in a manner that impacts adversely on the general public. According to the aforementioned judgement, the emission of noise by the use of amplifiers, loudspeakers or other equipment which causes annoyance to the public or the people in general who dwell or occupy property in the vicinity, be considered a public nuisance. It directs the police to entertain complaints and take appropriate action for the abatement of such public nuisance.
It states the procedure of issuing all permits issued by the police under section 80 (1) of the Police Ordinance. That no permits will be issued for the use of loudspeakers and other instruments for the amplification of noise, during the period of 10.00 pm-06.00 am. Such permits may be issued for special religious functions and other special events only after ascertaining the views of persons who occupy land premises in the vicinity, and issuing any such permit shall be done only with the prior approval of the nearest Magistrates Court.
It further states that during hours between 10.00 pm- 06.00 am noise emitted from amplifying instruments should not extend the precincts of the particular premises. Where a permit is issued, a police officer should be designated and posted to ensure that the above-mentioned conditions are adhered to.
We believe the proposed activities during the music festival such as electronic music and busy human gathering will exceed the noise level way above the permissible levels and the agencies which granted the permission are not in a position to neutralize the discomfort of wild animals including elephants. Bright lighting will be harmful to wild animals and also chase including elephants. This area is known for elephant train accidents. There is a possibility of disturbed elephants being hit by trains or entering the residential areas and damaging the properties of the local people.
We already know that a carnival held in Galgamuwa caused property damage as it blocked an elephant corridor.
Elephants in Minneriya already have lost their habitats due to the increased water level of the tank after releasing water from the Moragahakanda reservoir. It destroyed the most famous Asia elephant herd which approximately contained 350 elephants. Those elephants are now scattered in the area, and some are living in the forest area adjacent to the said festival ground. Hurulu Eco Park and this corridor are the only locations which provide a chance for tourists to see elephants in Habarana. According to some experts, each elephant from Minneriya can bring up to 19 million Sri Lankan Rupees annually.
Therefore we think that authorities which were involved in supporting this event including the Presidential secretariat, Prime Minister’s office, and Sri Lanka Tourism Development Authority have acted irresponsibly by approving such a damaging activity/project in elephant habitat. We wonder whether those Authorities understand the damage they do when they support such destructive activities in sensitive wildlife habitats. We are very disappointed by the role played by top-level decision-makers who supported this activity. We believe that this action sets a bad precedent.
In this situation, we seek the government authorities including the President and the Prime Minister to take full responsibility for the damage yet to happen. We demand the relevant authorities immediately cancel the approvals given and that the organizers move the event to another location where our natural environment and animals are not affected.
We also demand the Inspector General of Police, Conservator General of Forest and Director General of Wildlife to adhere to the police circular 2031/2007 and to the provisions of the Environment impact assessment, when conducting any project in the buffer zone of any Forest reserve and of any National reserve. Any failure to monitor and maintain the law of this country will be strictly dealt and legal action will be taken against those who are responsible for such violations and failures. (NewsWire)
