The Bombay High Court has made a significant judgment regarding the use of loudspeakers in religious places. The court ruled that loudspeakers are not an essential part of any religion, and authorities must take action against violations.
Key Highlights of the Judgment
- Loudspeakers and Religious Practices
The High Court clarified that the use of loudspeakers in public places does not constitute an essential religious practice. The bench stated that no religious institution can claim a violation of their fundamental right to practice religion if they are restricted from using loudspeakers. - Noise Pollution Regulations
The judgment emphasized the need to enforce the Noise Pollution (Regulation and Control) Rules, 2000. According to these rules:- The permissible noise level in residential areas is 55 decibels during the day and 45 decibels at night.
- Violations of these limits can lead to strict action by the police under Section 38 of the Maharashtra Police Act.
- Graded Penalty System
The court introduced a four-step penalty system for violations:- First Violation: Issue a warning to the violator.
- Second Violation: Impose a fine as prescribed by the rules.
- Third Violation: Confiscate the loudspeaker equipment.
- Fourth Violation: Suspend or cancel the license of the religious institution.
- Inbuilt Mechanism for Monitoring
The court suggested that loudspeakers at religious places should have an inbuilt mechanism to ensure decibel levels remain within the permissible limit. Additionally, police officers should be equipped with mobile applications to measure noise levels effectively. - Protection for Complainants
The court ordered that the identity of complainants should not be disclosed to prevent harassment or targeting, especially in sensitive religious matters.
Background of the Case
The ruling came in response to a writ petition filed by residents’ associations from Mumbai, including areas like Nehru Nagar and Kurla East. The petitioners complained about noise pollution caused by loudspeakers at local mosques exceeding permissible limits. Despite repeated complaints, the police failed to take action, prompting the High Court’s intervention.
Previous Court Judgments
The Bombay High Court referred to its 2016 ruling, which upheld the strict implementation of noise pollution regulations. The court also highlighted past Supreme Court judgments that:
- Prohibited the use of loudspeakers between 10 PM and 6 AM in silence zones and residential areas.
- Allowed limited exemptions for festivals and functions, restricting the use of loudspeakers from 10 PM to 12 AM for a maximum of 15 days a year.
Impact of the Judgment
The judgment reinforces the constitutional balance between fundamental rights and public order. While Article 25 of the Constitution guarantees the freedom to practice religion, it is subject to reasonable restrictions. Similarly, Article 19, which ensures freedom of speech and expression, must align with laws preventing public nuisance.
Moving Forward
The court has directed the government and police to:
- Take immediate action against violations.
- Ensure the implementation of noise pollution rules in all regions, especially in silence zones such as schools, hospitals, courts, and religious places.
This ruling sets a precedent for managing noise pollution while respecting the rights of individuals and communities. It remains to be seen how effectively the authorities implement these directives.
What are your views on this landmark judgment? Share your thoughts in the comments below.
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