Use of loudspeakers not 'essential religious practice': Bombay HC
What's the story
The Bombay High Court has ruled that the use of loudspeakers for religious purposes aren't an essential part of any religion.
The court, therefore, directed the Mumbai Police to enforce the Noise Pollution Rules, 2000, and curb noise pollution from religious places.
While issuing the order, Justices Ajay Gadkari and Shyam Chandak highlighted health risks of noise pollution, stating, "No one can claim that his rights are affected in any manner if he is denied a permission to use loudspeaker."
Enforcement measures
Court issues guidelines for police action
The court also laid down guidelines for police action against offenders.
First, offenders should be cautioned. Repeat offenders should be fined under Section 136 of the Maharashtra Police Act. Persistent violators could have their equipment seized and licenses canceled.
The court also urged the state government to devise mechanisms to control decibel levels in sound systems at religious sites, saying current fines may not be enough deterrents.
Rule clarification
Court clarifies on noise pollution rules
The bench observed that the Noise Pollution Rules allow only 55 decibels in the day and 45 decibels at night.
It clarified to the police that while recording decibel levels, they should take into account the cumulative sound level of all loudspeakers in use at a particular 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...Rules," they explained.
Noise control
Court directs state to consider auto-fixation of decibel limits
The bench ended by asking the state to auto-fix decibel limits for sound systems of all religions.
"There cannot be a situation that, a person/group of persons/doc association...would say that, it will not follow or adhere to the law...and law enforcers would be meek or silent spectators," the judges underlined.
The bench added that those who cause noise pollution are fined ₹5,000 per day under applicable regulations, which, in the case of masjids would equal ₹18,25,000 for a whole year.
Petition details
Court order follows petition against noise pollution
The court's decision came on a petition filed by two resident welfare associations in Mumbai's Kurla and Chunabhatti areas.
The petitioners argued that the masjids used loudspeakers, voice amplifiers, and even microphones at least five times each day for Azan, resulting in "unbearable" noise pollution in the area.
According to the plea, several mosques used these technologies without permission, crossing permissible decibel levels.