<p dir="ltr">The Bombay High Court has declared that the use of loudspeakers is not an essential part of any religion and that denying permission for their use does not violate constitutional rights under Articles 19 or 25 of the Indian Constitution.&nbsp;</p>
<p dir="ltr">The court&rsquo;s ruling came during the hearing of petitions filed by two resident welfare associations in Mumbai&rsquo;s Kurla and Chunabhatti areas. The petitioners sought an FIR against mosques and madrasas for violating noise pollution norms.</p>
<p dir="ltr">A bench comprising Justice Ajay Gadkari and Justice Shyam Chandak directed the Mumbai police to strictly enforce the Noise Pollution (Regulation and Control) Rules, 2000, emphasizing that noise is a significant public health hazard.&nbsp;</p>
<p dir="ltr">&ldquo;No one can claim that their rights are affected in any manner if they are denied permission to use loudspeakers. It is in public interest that such permissions should not be granted,&rdquo; the bench stated.</p>
<h3 dir="ltr">Case Background</h3>
<p dir="ltr">The petitioners argued that the use of loudspeakers for Azaan and religious discourses exceeded permissible noise levels, disturbing the peace in their localities. Despite repeated complaints to the police through various channels, including the Police Control Room, X social media platform and written communications to senior officers, no action had been taken. They contended that the inaction violated noise pollution rules and posed a threat to public health.</p>
<h3 dir="ltr">Court Observations</h3>
<p dir="ltr">The high court declined to issue directions for filing FIRs but emphasized the need to control decibel levels at religious places. It directed the state to consider implementing mechanisms for auto-regulating decibel levels in sound-emitting devices used by religious institutions. This directive applies to loudspeakers, voice amplifiers, and public address systems, regardless of religion. It also asked the state to equip police officers with mobile applications to measure decibel levels and effectively monitor noise pollution.</p>
<h3 dir="ltr">Directions to Police</h3>
<p dir="ltr">&ldquo;The police are bound to implement Sections 38, 70, 136, and 149 of the Maharashtra Police Act, as required by the facts of each case,&rdquo; the court stated. It instructed authorities to safeguard the identity of complainants to prevent retaliation. The court also outlined specific steps for the police to handle noise pollution complaints.</p>
<ol>
<li dir="ltr" aria-level="1">
<p dir="ltr" role="presentation">Act promptly on complaints without seeking or verifying the complainant&rsquo;s identity and ensure anonymity</p>
</li>
<li dir="ltr" aria-level="1">
<p dir="ltr" role="presentation">Initially caution the offender</p>
</li>
<li dir="ltr" aria-level="1">
<p dir="ltr" role="presentation">Impose fines under Section 136 of the Maharashtra Police Act for subsequent violations</p>
</li>
<li dir="ltr" aria-level="1">
<p dir="ltr" role="presentation">Seize loudspeakers and amplifiers under Section 70 of the Act for repeated offenses and consider cancelling the license to use such equipment</p>
</li>
</ol>
<h3 dir="ltr">Legal Representation</h3>
<p dir="ltr">Advocates Kaushik Mhatre, Chinmay Jawale, and Reena Richards appeared for the petitioners. Additional Public Prosecutor JP Yagnik represented the State, while Advocate Sachindra Shetye appeared for the Maharashtra Pollution Control Board.</p>
<h3 dir="ltr">In Conclusion&nbsp;</h3>
<p dir="ltr">The Bombay High Court&rsquo;s ruling reinforces the principle that public health and safety take precedence over the use of loudspeakers for religious practices. The decision is expected to serve as a precedent for addressing noise pollution issues across religious and public domains.</p>
<p><strong id="docs-internal-guid-d8a55ac6-7fff-82ca-abb2-a0959f2b741c"><br><br></strong></p>

Petitions filed by two resident welfare bodies in Mumbai’s Kurla and Chunabhatti areas

Bombay HC directs strict enforcement of noise pollution laws while hearing pleas against masjids, madrasas

‘Loudspeaker Usage Not Essential for Any Religion’

Bombay HC directs strict enforcement of noise pollution laws while hearing pleas against masjids, madrasas

January 24, 2025 | 20:15 IST