The Bombay High Court has held that a mosque cannot claim loudspeaker use as a religious right, dismissing its plea for permission. The court cited noise-pollution dangers and urged the Maharashtra government to frame a stronger regulatory system.
The Nagpur Bench of the Bombay High Court has refused to give permission to a mosque for using loudspeakers during prayers, saying that using such devices cannot be claimed as a religious right. The court clearly stated that no religion requires prayers to be offered through loudspeakers, amplifiers, or drums.
A Bench of Justices Anil Pansare and Raj Wakode relied on earlier Supreme Court judgments and said that loud sound equipment is not essential for practising any faith.
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The court also took suo motu note of the increasing noise-pollution complaints in Maharashtra and asked the State government to suggest a strong and effective mechanism to regulate it.
In its order dated December 1, the court dismissed the petition filed by Masjid Gousiya in Gondia district.
The mosque had asked for permission to install and use loudspeakers, but the judges found that the petitioner had not provided any evidence to show that loudspeakers were “mandatory/necessary” for practising its religion.
Therefore, the court held that the mosque had no legal right to demand loudspeaker use.
The Bench said:
“The petitioner, therefore, is not entitled to seek relief for the installation of a loudspeaker, as of right. The petition is accordingly dismissed.”
While referring to Supreme Court rulings, the judges emphasised that no religion permits practices that disturb the peace of others.
They also pointed out that the rights of other citizens must be protected, especially
“particularly those who are of tender age and those who are aged, sick, and people afflicted with psychic disturbances.”
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The court further highlighted the harmful impact of noise pollution on human health.
It noted:
“Noise pollution is a serious threat to public health and welfare. It causes ‘fight or flight’ syndrome, releasing cortisol and other harmful chemicals into the bloodstream.”
The court added that these chemicals can build up over time and lead to major health issues such as cardiovascular diseases, high blood pressure, chronic fatigue, headaches, aggression, mental illness, and anxiety.
It also warned that loud noise can damage hearing permanently and that exposure above 120 decibels may even cause an eardrum to burst.
The Bench observed that at several event halls in Civil Lines, Nagpur, noise rules are often violated during functions and celebrations. It said:
“In our view, while permitting various celebrations, these venues should take responsibility for ensuring adherence to the rules.”
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The court also pointed out that many religious places play bhajans on loudspeakers in total violation of the noise-control rules. Stressing the need for stricter implementation, it said:
“We hope the state government will be sensitive to the issue involved, which affects public health, and will come up with an effective solution.”
With this order, the High Court has once again underlined that loudspeakers are not a religious right and that public health and peace must come before individual preferences. The judgment also pushes the government to create a stronger system to manage and reduce noise pollution across Maharashtra.
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