News Brief
Use Of Loudspeakers Not Essential Part Of Any Religion: Bombay High Court Directs Strict Noise Pollution Control Measures
loudspeakers (Representative Image)
Observing that the use of loudspeakers is not an essential part of any religion, the Bombay High Court on Thursday (22 January) ruled that police under the Mumbai and Maharashtra Police Act have the powers, and it is necessary for them to use it for proper implementation of the Environment (Protection) Act and the Noise Pollution Rules at places of worship.
The bench of Justices A S Gadkari and S C Chandak directed the Maharashtra government to consider implementing inbuilt mechanisms for controlling decibel levels in public address systems or other sound-emitting devices used by religious institutions, irrespective of religion.
The bench referred to the 2016 HC judgement that issued several directives for the strict implementation of Noise Pollution (Regulations and Control) Rules, 2000.
The High Court had then observed that “use of loudspeakers is not an essential part of any religion and therefore protection under Article 25 (freedom of religion) of constitution is not available” to violating institutions.
“Mumbai is a cosmopolitan city, obviously there are people of different religions in every part of the city… Noise is a major health hazard in various aspects. No one can claim that his rights are affected in any manner if he is denied permission to use a loudspeaker. It is in public interest that such permissions should not be granted… Use of loudspeakers is not an essential part of any religion,” the bench noted in the judgement.
The court observed that individuals generally refrain from raising complaints until the situation becomes unbearable.
"We are of the view that, without requiring identification of the complainant, the police must act on such complaints, more so to avoid such complainants being targets or ill will and developing hatred," said the bench.
The court underscored that policemen are obligated to address any complaints and may revoke permissions for loudspeaker usage if institutions are found repeatedly violating Noise Pollution Rules.
The bench was hearing a petition filed by Jaago Nehru Nagar Residents Welfare Association, represented by advocate Kaushik Mhatre, who submitted that there are many masjids and madrasas situated in Chunabhatti and Nehru Nagar, Kurla (East).
The plea stated that the said masjids have placed loudspeakers, microphones and/or amplifiers and the sound created therefrom is unbearable.
Mhatre submitted that use of loudspeakers in the early hours i.e. at about 5.00 am are “prohibited hours” under the law and during the festival days, they are operated till 1.30 am, which is beyond the permissible limit for its use, even if the permission is alleged to have been granted by the concerned authorities.
Mhatre alleged that police officers from Chunabhatti and Nehru Nagar Police Station failed to take adequate measures to curb noise pollution for the reasons best known to them.
