Use of loudspeakers not essential part of any religion, says Bombay HC

Mumbai: In a significant judgement that could have impact at the national level, the Bombay High Court on Thursday observed that use of loudspeakers is not part of a region and denial for permission to do so does not tantamount to a violation of fundamental rights. 

Besides, the court also directed the enforcement agencies to take prompt action against loudspeakers that violate the noise pollution norms and rules under provisions of the  Noise Pollution (Regulation and Control) Rules, 2000, Maharashtra Police Act and Environment (Protection) Act.

A division bench of the Bombay High Court comprising Justice Ajay Gadkari and Justice Shyam Chandak have the order while hearing petitions filed by two resident welfare associations from the  Kurla areas of Mumbai - Jaago Nehru Nagar Residents Welfare Association and Shivsrushti Co-operative Housing Societies Association Ltd - seeking FIRs against several mosques and madrasas for violating noise pollution norms.

“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 a permission to use loudspeaker. 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 noted.

The respondents in the case are Maharashtra Government, Maharashtra Pollution Control Board and Mumbai Police. 

According to the judgement - “It is the specific case of the petitioners that, the said masjids/mosques mentioned in the Petition are committing noise pollution thereby disturbing the peace and tranquility in their locality, which is being constantly disturbed during the use of microphones and loudspeakers to recite ‘azaan’ and other religious discourses by the offenders on a daily basis.” 

Referring to the Supreme Court verdict on the Church Of God (Full Gospel) In India vs K.K.R. Majestic Colony Welfare Association case, the bench said: “…undisputedly 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. That, 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 law does not permit that, every individual loudspeaker will emit 55 or 45 decibels of noise aggregating to more than what is prescribed under the said Rules. That would amount to frustrating the intention of the Legislature," the bench said.