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The court clarified that there is no fundamental right to use loudspeakers under the constitution, on the contrary, the use of such instruments causing noise pollution violate the fundamental rights of citizens
The Bombay High Court has held that “Use of loudspeakers is not an essential part of any religion” while denying permission for use of loudspeakers for ‘azaan’ (Islamic call to prayer) exceeding permissible noise levels, and violating the Noise Pollution (Regulation and Control) Rules, 2000, and the Environment (Protection) Act, 1986.
A Division bench comprising Justice A.S. Gadkari and Justice Shyam C. Chandak, clarified that denying permission for loudspeakers does not violate constitutional rights under Articles 19 or 25. “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,” the court remarked.
The bench was hearing a plea filed by two housing societies in Mumbai’s Kurla area, alleging police inaction against noise pollution caused by loudspeakers installed in nearby mosques. The petitioners sought a direction to the police to register a First Information Report (FIR) against the offenders for using loudspeakers in unbearably high volume without permission. It was further argued that the use of loudspeakers during the early hours of the morning, around 5:00 a.m., falls within the “prohibited hours” under prevailing laws. Moreover, during festival days, loudspeakers are operated until 1:30 a.m., exceeding the permissible time limit for their usage, even if such use is purportedly authorized by the concerned authorities.
The court firmly stated that noise pollution is a major health hazard, and no religion mandates practices that disturb public peace. Citing the Supreme Court's precedent in Church of God (Full Gospel) in India, the court reiterated that “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 court clarified that the Environment (Protection) Act, 1986, does not provide for registering an FIR, as Section 19 permits cognizance of offences only on complaints by specified authorities. While the petitioners sought a direction for crime registration, the absence of such provisions prevents this. However, considering the issue of noise pollution from loudspeakers used for ‘Azaan’ and other discourses, and non-compliance with directives in Mahesh Vijay Bedekar v. State, which held that “no religion has ever permitted violation of law for celebrating religious festivals,” and issued directions to the state to address the issue of noise pollution, the court decided to entertain the petition.
Criticising the police for failing to enforce laws, the court reiterated their duty to act decisively against violations. It stated, “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.”
Additionally, the court directed the authorities to:
Cause Title: Jaago Nehru Nagar Residents Welfare Association and Others v Commissioner of Police, Mumbai and Another [CRIMINAL WRIT PETITION NO. 4729 OF 2021]
Appearances: Mr. Kaushik Mhatre a/w Mr. Chinmay Jawale i/b Ms. Reena Rechards for Petitioners. Mr. J.P. Yagnik, A.P.P. for Respondent Nos.1 to 6-State. Mr. Sachindra B. Shetye for Respondent No.7-MPCB.
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