The Calcutta High Court disposed of a public interest writ petition seeking certain directions against the respondent/police. The Court observed that if the beating of drums is continuing day and night in the said area, where the petitioner resides as well as in other areas in Kolkata, it is undoubtedly illegal and contrary to the relevant rules.
Brief Facts:
The concern of the petitioner is that there is severe noise pollution in various parts of the city on account of the continuous beating of drums by a group of persons, throughout the day and night on the alleged ground that they are performing the mourning ritual on the occasion of Muharram. The petitioner would state that there is a ban for Azan from using loudspeakers, as that lasts 5 minutes only, which is certainly a religious matter but the non-stopping of beating of drums with no restriction of intensity of the sound is illegal. According to the petitioner, noise pollution is a serious threat to public health and welfare.
Contentions of the Petitioner:
The Petitioner submitted that there are school-going children. Many of them have to take their examination. There are senior citizen people, who are sick and ailing and all of them have been affected, and in spite of the repeated complaints lodged by the petitioner before the 3rd respondent/police, no action has been taken. With these facts, the petitioner seeks for appropriate directions to stop the nuisance caused on account of the continuous beating of drums.
Contentions of the Respondent:
The Learned Counsel for the Respondent submitted that whenever the petitioner has approached the respondent/police, her grievance has been looked into and appropriate action has been taken and the period for the beating of drums has been regulated.
Observations of the Court:
The Court noted that undisputably no religion prescribes that any prayer should be performed by disturbing the peace of others nor does it preach that they should be through noise amplifiers or beating of drums. The Court remarked that there is a lack of awareness amongst the citizens as well as the implementing authorities, who will be the respondents/State as well as the Pollution Control Board.
The Court observed that beating of drums may be part of an activity while performing the mourning ritual on 29th July, 2023, however, unabated beating of drums is impermissible in terms of the relevant rules as well as in the light of the observations and directions issued by the Hon’ble Supreme Court. Further, the Court said that it was the duty of the West Bengal Pollution Control Board to issue public notice before any religious festival or congregation or any rally or meeting sensitizing the citizens about the relevant rules, which prohibit indiscriminate noise pollution. If the beating of drums is continuing day and night in the said area, where she resides as well as in other areas in Kolkata, it is undoubtedly illegal and contrary to the relevant rules.
The Court emphasized that a Standard Operating Procedure (SOP) in this regard shall be drawn before any other religious festival or meeting or rally is conducted, where DJ music is being played and beating of drums and other musical instruments are being used.
The decision of the Court:
The Calcutta High Court, disposing of the petition, held that the West Bengal Pollution Control Board is directed to immediately issue a public notice giving wide publicity that the noise level cannot exceed the permissible decibel.
Case Title: Miss Shagufta Sulaiman vs The State of West Bengal & Ors.
Coram: Hon’ble Justice T.S. Sivagnanam and Hon’ble Justice Hiranmay Bhattacharyya
Case no.: W.P.A.(P) 369 of 2022
Advocate for the Petitioner: Miss Shagufta Sulaiman (appearing in person)
Advocate for the Respondent: Mr. N. C. Bihani and Mr. Amitesh Banerjee
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