The Bombay High Court on January 22, 2025, addressed the growing concern over noise pollution in Mumbai, particularly stemming from the unauthorized use of loudspeakers in religious places. The court unequivocally stated that the use of loudspeakers for religious purposes does not constitute an "essential part of any religion" and therefore, it cannot be used as a justification for violating noise pollution regulations.
The bench of Justice Ajay S. Gadkari and Justice Shyam C. Chandak directed the Mumbai Police to strictly enforce the Noise Pollution (Regulation and Control) Rules, 2000, and take immediate action against those found flouting these rules. This order came in response to a petition filed by local residents from Kurla and Chunabhatti, who highlighted the disruptive noise caused by loudspeakers at nearby mosques and madrasas, particularly during early morning and late-night hours.
In their judgment, the court emphasized the public interest in maintaining noise-free environments, especially in a cosmopolitan city like Mumbai, where people of various faiths coexist. "Noise is a major health hazard on 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. 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 observed.
The court further stated that the Mumbai Police has the authority and the responsibility to address complaints related to noise pollution, including those arising from religious places. The guidelines issued by the court to the police include:
- Cautioning offenders on the first complaint.
- Imposing fines on repeat offenders, with the fine to be recovered from the trustees or managers of the religious structure.
- Seizing loudspeakers and amplifiers from establishments that continue to violate the noise limits, along with potential cancellation of licenses for such equipment.
The court also instructed the Maharashtra government to introduce an "inbuilt mechanism" to control the decibel levels in loudspeakers, public address systems, or any other sound-emitting devices used by religious institutions, irrespective of their faith. The court further recommended the use of technology to measure and control noise levels, proposing the installation of decibel level measuring applications for police officers to track violations effectively.
The case was triggered by complaints from residents of Nehru Nagar and Chunabhatti, who reported enduring loud, disruptive sounds from nearby mosques as early as 5 a.m. and extending late into the night, sometimes until 1:30 a.m. These noises, the petitioners argued, exceeded permissible decibel limits and violated their right to peace and quiet in their homes.
While the court acknowledged the importance of religious practices, it reiterated that the right to practice one's faith does not extend to infringing upon the public's right to a peaceful environment. "According to us, it is the bounden duty of the Police authorities that, they must and should enforce the law by adopting all the necessary measures, as may be prescribed by the provisions of law. In a democratic State, there cannot be a situation that a person / group of persons/ 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 to it," the bench concluded.
Picture Source :