Use Of Loudspeakers Not 'Essential Religious Practice': Bombay HC Asks Mumbai Police To Act Against Use Of Loudspeakers At Religious Places

The Bombay High Court on Thursday said that using loudspeakers for prayers or for reciting religious discourses is not an essential part of any religion and therefore, ordered the Mumbai Police to strictly implement the Noise Pollution Rules, 2000 and ensure that no religious place creates noise pollution by using loudspeakers. A division bench of Justices Ajay Gadkari and Shyam Chandak noted that Mumbai being a 'cosmopolitan' city, people from different religions live here. "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 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 said in its order. The bench further held that the Mumbai Police has powers to take strict action against such noise polluters and therefore, issued guidelines on how the police should go about, upon receiving a complaint pertaining to noise pollution due to some religious place. The guidelines are:"Once a citizen of any locality raises a complaint with the Police against any religious structure or otherwise causing noise pollution, the Police will without seeking / verifying identification of the person complaining thereof and if has received identification shall not disclose the identity of the complainant to the offender and to adopt following steps :-(a) At the first instance caution the alleged offender.(b) On a subsequent occasion, complaint/s received against same offender, the Police to impose a fine under Section 136 of the Maharashtra Police Act, on the concerned religious structure and may recover it from its Trustees and/or Manager and warn the Trustees and Manager/s with further stricter action in case of receipt of complaints in future.(c) If any further complaint/s are received pertaining to the same religious structure on the next occasion, the Police shall adopt steps as contemplated under Section 70 of the Maharashtra Police Act, to seize the loudspeakers and/or amplifiers from the concerned religious structure and thereafter may proceed to cancel the licence issued in favour of the concern structure permitting to use loudspeakers and/or amplifiers."The significant order was passed on a plea filed by two resident welfare associations from Mumbai's Kurla and Chunabhatti area, highlighting the apathy of the city police in acting against the noise pollution caused by several Masjids and Madarsas in their vicinity. The petitioners contended that the Masjids were using loudspeakers/ voice amplifiers and even microphones at least five times a day for 'Azan' and also for reciting various religious discourses, which causes 'unbearable' noise pollution in the locality. These mosques were using these systems without any permission, the plea alleged. The petitioners alleged that even after their repeated complaints with the local police, there has been no stern action. In fact, post Covid-19 lockdown, the Masjids were granted permission to use the loudspeakers but on a condition of operating within the permissible noise decibel levels. The petitioners further alleged that despite such clear conditions, the Masjids continued to cause noise pollution as the noise emitted through such machines, was beyond the permissible decibel levels. The bench, after considering the material on record, said that the very fact that the Petitioners have filed the instant petition to direct the State authorities to implement the Orders of the Apex Court as well as of the High Court would evince that, there has been a deliberate violation of the Orders."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/ doc 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 judges underlined.The bench noted that the Noise Pollution Rules permit only 55 decibels during the day and 45 decibels during the night. It therefore made it clear to the police that henceforth, when the police records the decibel levels, it cannot measure the noise levels emitting from one loudspeaker etc but it should be a cumulative sound level of all the loud speakers, which are in use at a given point of time. " 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 Legislature," the bench explained. The bench further noted that the relevant norms provide for a fine of Rs 5,000 per day on those ...

Use Of Loudspeakers Not 'Essential Religious Practice': Bombay HC Asks Mumbai Police To Act Against Use Of Loudspeakers At Religious Places

Narsi Benwal

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