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Informist, Thursday, Jan. 23, 2025

 

NEW DELHI – The Bombay High Court Thursday said the use of loudspeakers is not an essential part of any religion and no one can say his rights are abridged in any manner by denial of permission to use a loudspeaker. "It is in the public interest that such permissions should not be granted," the court said. "By denying such permissions, rights under Article 19 or 25 of the Constitution of India are not at all infringed."

 

The court was hearing a petition seeking a direction to the police to register first information reports against offenders using loudspeakers at high volume without permission from the authorities. The petitioners said peace in their locality was disturbed constantly by the use of microphones and loudspeakers to recite "azaan" and for religious discourses. There are many mosques and madrasas in the area under the Chunabhatti and Kurla Nehru Nagar police stations in Mumbai, they said. The masjids have placed loudspeakers, microphones, and amplifiers and the sound emitted is "unbearable" as the decibel levels are excessive and beyond the limits permitted by law, they said. The petitioners include the Jaago Nehru Nagar Residents Welfare Association and the Shivsrushti Co-op. Housing Societies Association Ltd.

 

"In a democratic state, there cannot be a situation that a person or group of persons or association of persons would say that it will not follow or adhere to the law of the land and the law enforcers would be meek or silent spectators," the court said. The Supreme Court has already held that no religion prescribes that prayers should be performed by disturbing the peace of others, nor does it preach that they should be through voice-amplifiers or beating of drums, it further said. "...in a civilized society, in the name of religion, activities which disturb old or infirm persons, students, or children having their sleep in the early hours or during day-time or other persons carrying on other activities cannot be permitted," the court said.

 

"We are of the view that, without requiring identification of the complainant, the police authorities must act on such complaints, more so to avoid such complainants being targets of ill-will and developing hatred," said the court. The police must direct its officers to use the decibel-measuring mobile application to check sound levels, the court further said. The police have powers under Sections 38, 70, 136, and 149 of the Maharashtra Police Act and must use them to implement the Environment (Protection) Act and Noise Pollution Rules, 2000, it said.

 

If the petitioners lodge a complaint with the local police station, it will be the duty of the police to consider the complaint as per the provisions of the Maharashtra Police Act and the Environment (Protection) Act and to forward it to the Maharashtra Pollution Control Board, the court said. The police may also withdraw permissions granted to the trusts or institutions in question for the use of loudspeakers, if repeated violations of the provisions of the Noise Pollution Rules are brought to their notice, it said.  End

 

Reported by Surya Tripathi

Edited by Rajeev Pai

 

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