MP High Court Seeks State's Response On PIL Against Use Of High Power Loudspeakers In Social And Religious Functions

The Madhya Pradesh High Court has directed the State to file a detailed reply to a PIL concerning noise pollution caused by use of high power loudspeakers in social and religious functions.The petition states that use of DJs in social and religious functions as well as in religious processions not only leads to health hazards but also causes communal tension, sometimes leading to riots.During the hearing, a division bench of Chief Justice Suresh Kumar Kait and Justice Vivek Jain orally asked if the petitioner's grievance is also against use of loudspeakers during the day. At this juncture, the Petitioner appearing in person demonstrated the noise levels in live Courtroom, measured at more than 70 decibels by an app on his tablet.Petitioner submitted, “It seems there is no noise here. But you will see that even in this court premise, the decibel level is high, then imagine what affect those speakers have on our ears? The permissible limit in residential areas is 55 decibels during day and 45 decibels during night. The relevant laws are deficient, I have demonstrated in the petition. These laws do not prohibit possession and use of these speakers. 20 feet high speakers are installed in trucks, and how they are harmful that also I have also mentioned in the petition. Health problems are definitely occurring due to use of these speakers. The biggest problem is occurring elsewhere. It is used in religious processions and immediately after that there are communal riots…The police is not taking any action under any of the cognizable offence even when it has the power to do so. But as per the provisions, the Madhya Pradesh Kolhal Niyantran Adhiniyam 1985 and Noise Pollution (Regulation and Control) Rules, 2000, the permissible limit as per the ambient air quality standard is 55 decibels during the day and 45 decibels at night in residential areas.)Government counsel submitted that the Chief Minister had already made an announcement in this regard. However, the bench orally responded, “Simply announcement is not required, the compliance is required. This is not for one or two persons; it is for the society.”The Petitioner further submitted that the law on the subject is deficient and unless a mandamus is issued by the Court to cease all such kind of speakers, the situation will not come under control.The court then orally said, “Let them file a reply then direction can be issued and they can be directed to amend the rules also.”It ordered, “The respondents are directed to file parawise comments of the petition within two weeks, rejoinder thereto, if any, within one week thereafter.”The matter is now listed on February 17.Case Title: Amitabha Gupta vs. State of Madhya Pradesh and Others, WP No. 33080 of 2024Click Here To Read/Download Order

MP High Court Seeks State's Response On PIL Against Use Of High Power Loudspeakers In Social And Religious Functions

Anukriti Mishra

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