The Bombay High Court ordered that loudspeakers are not integral to any religion, highlighting the severe health risks posed by noise pollution. A division bench comprising Justices A. S. Gadkari and S. C. Chandak observed that denying permissions for loudspeakers does not infringe on anyone’s rights. The court highlighted the importance of strict measures against violations to safeguard public health and order. Authorities have been instructed to take effective action to curb misuse.
Mumbai: The Bombay High Court ordered on Thursday that the use of loudspeakers is not essential to any religion, instructing law enforcement to take immediate action against loudspeakers that violate noise pollution regulations.
A division bench comprising Justices A.S. Gadkari and S.C. Chandak emphasized that noise is an important health risk and that individuals cannot claim their rights are infringed upon if they are denied permission to use loudspeakers.
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The court urged the state government to enforce measures that enable religious institutions to manage noise levels, including using sound systems with automatic decibel limits.
This ruling followed a petition from two housing associations in Kurla, which raised concerns over the noise pollution caused by loudspeakers at local mosques. They argued that the use of loudspeakers for religious activities, including the Islamic call to prayer (azaan), disrupts the peace and infringes on the Noise Pollution (Regulation and Control) Rules of 2000 and the Environment (Protection) Act of 1986.
In its order, the court noted,
“It is in public interest that such permissions should not be granted. By denying such permissions, rights under Article 19 or 25 of the Constitution of India are not at all infringed. Use of loudspeakers is not an essential part of any religion.”
The bench reiterated that it is the responsibility of the state and relevant authorities to enforce the law effectively.
It stated,
“In a democratic State, there cannot be a situation that a person or group would say that it will not follow or adhere to the law of the land.”
The court also highlighted the need for police to act on complaints about loudspeakers without requiring the complainant’s identity, to protect them from potential backlash. It directed the state to implement measures to ensure that sound-emitting devices at religious sites are equipped with mechanisms to control decibel levels.
The court reminded authorities that ambient noise levels must not exceed 55 decibels during the day and 45 decibels at night in residential areas. It clarified that the total noise from all sources must comply with these limits:
“The law does not permit that every individual loudspeaker will emit 55 or 45 decibels of noise aggregating to more than what is prescribed.”
Furthermore, the police were authorized to revoke permissions for loudspeaker use if there are repeated violations of the noise pollution regulations.
Loudspeakers that violate noise pollution regulations pose a significant threat to public health and well-being. Excessive noise from such devices, particularly during late-night hours or in residential areas, can disrupt sleep, increase stress levels, and contribute to long-term health issues such as hypertension and hearing loss.
Regulations are in place to ensure that sound levels remain within permissible limits, typically measured in decibels (dB), and to restrict the use of loudspeakers during specific hours. Despite these laws, non-compliance remains a widespread problem, often exacerbated by a lack of enforcement or awareness. Addressing this issue requires stricter monitoring, public education campaigns, and penalties for violators to balance the need for expression with community well-being.
Advocates Kaushik Mhatre, Chinmay Jawale, and Reena Richards appeared for the Petitioners.
Additional Public Prosecutor Jayesh Yagnik represented the State. Advocate Sachindra Shetye represented the Maharashtra Pollution Control Board.
Case Title: Jaago Nehru Nagar Residents Welfare Association vs Commissioner of Police (Criminal Writ Petition 4729 of 2021)
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