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The Bombay High Court, in a significant ruling, has directed the Maharashtra government to take stringent measures to curb noise pollution caused by the use of loudspeakers at places of worship, regardless of the religion.
The court stated that the use of loudspeakers is not an essential part of any religion and that it is in the public interest to regulate their use to prevent noise pollution, which poses significant health hazards.
Justices Ajay Gadkari and Shyam Chandak emphasized that denying permission to use loudspeakers would not infringe upon the rights of individuals under Article 19 (freedom of speech and expression) or Article 25 (freedom of religion) of the Constitution.
The judges made it clear that noise pollution, particularly from loudspeakers, is a serious public concern and that such practices should not be allowed to disturb the peace of the community.
The court instructed the state to consider implementing measures for the regulation of decibel levels in loudspeakers and voice amplifiers at religious places. It suggested that the state issue directives to install mechanisms in loudspeakers to automatically control decibel levels. The state was also urged to look into the possibility of calibrating or setting an auto-fixation limit for the decibel levels.
This order came in response to a plea filed by the Jaago Nehru Nagar Residents Welfare Association and the Shivsrushti Cooperative Housing Societies Association, which had raised concerns over the noise caused by loudspeakers at nine mosques and madrassas in Kurla (East).
The petitioners argued that the use of loudspeakers, particularly for the azaan and religious discourses, from as early as 5 a.m. and sometimes past midnight, had led to health issues for many residents. The police had reportedly failed to take action, leading to further complaints from citizens.
The judges referred to an August 2016 Bombay High Court ruling, which was upheld by the Supreme Court, that laid down clear guidelines for noise pollution control. According to the Noise Pollution Rules, the permissible decibel limits in residential areas are 55 decibels during the day and 45 decibels at night.
The court emphasized that these limits should apply to the cumulative noise levels from all loudspeakers in the area, not just the individual noise from each loudspeaker.
Further, the judges noted that the police have the power to enforce noise pollution laws under the Mumbai Police Act and Maharashtra Police Act. They took judicial note of the fact that citizens usually do not complain about such issues until they become unbearable.
To address this, the court ordered the Mumbai Police Commissioner to ensure that all police officers use a mobile application to measure decibel levels when complaints are made.
The court also outlined specific steps for the police to follow when complaints are filed:
1. Issue a warning to offenders on the first complaint.
2. Impose a fine on religious structures and recover it from the trustees or managers on subsequent complaints.
3. Seize the loudspeakers and amplifiers and cancel their license if complaints persist.
This ruling is a step toward addressing the growing concerns of noise pollution in Mumbai, ensuring that the rights of citizens to a peaceful and healthy environment are protected while balancing the freedom of religious expression.
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