Gujarat HC Declares Mosque Loudspeakers Not a Source of Noise Pollution, Dismisses PIL Seeking Ban

Gujarat HC Declares Mosque Loudspeakers Not a Source of Noise Pollution, Dismisses PIL Seeking Ban

The Gujarat High Court dismissed a public interest litigation (PIL) seeking a ban on loudspeakers used for the Azaan in mosques, asserting that their use five times a day does not contribute to noise pollution, as stated on Tuesday.

The division bench comprising Chief Justice Sunita Agarwal and Justice Aniruddha Mayee dismissed the PIL, asserting that it lacked merit by failing to demonstrate how the amplification of human voice through loudspeakers exceeded permissible decibel limits, thus leading to noise pollution.

The PIL, lodged by Dharmendra Prajapati professing to be a doctor, argued that the utilization of loudspeakers in mosques led to disturbance and noise pollution. Nevertheless, the bench requested clarification on the specific grounds upon which the petitioner asserted that noise pollution was being generated.

"You play music that doesn't cause disturbance?" the Chief Justice questioned, to which petitioner's counsel DG Shukla responded that the music is played in house and not in a public place like mosque.  

"We aren't speaking about music played in homes. You also play loud music for bhajan or aarti in a temple. That doesn't cause disturbance? How does this (Azaan) cause disturbance? This is for few minutes. Less than 10 minutes (through out the day) it is.", Chif Justice Said.

CJ Agarwal inquired about the specific increase in decibel levels during the Azaan.

The advocate, however, emphasised that Azaan takes place five times a day unlike aarti in temples. 

"So in your temples, the morning aarti with those drums and music that starts early morning. It doesn't cause any noise or distrubance to anyone? Can you say that the noise of that ghanta and ghadiyal stays within temple premises and doesn't percolate out of the premises," Chief Justice Agarwal underscored. 

The bench highlighted the petitioner's failure to provide evidence of measured decibel levels during the Azaan in any particular area. It emphasized that the petitioner's sole argument centered around the presence of diverse communities and religions in areas where Azaan is broadcast via loudspeakers, citing this as a source of disturbance and potential health risks.
 
The court underscored the petition's lack of a scientific foundation for measuring noise decibels during the Azaan. It highlighted the absence of evidence to support the contention that a continuous 10-minute Azaan at various hours of the day would elevate sound levels to a degree that constitutes noise pollution.
Thus, the Court rejected the PIL.
 
Case Title - Dharmendra Prajapati vs State of Gujarat
Share this News

Website designed, developed and maintained by webexy