The Bombay High Court on Thursday emphasized that the use of loudspeakers is not an essential part of any religion and directed law enforcement agencies to take immediate action against those violating noise pollution norms.
A division bench of Justices A. S. Gadkari and S. C. Chandak noted that noise is a significant health hazard, and no individual’s rights are compromised by the denial of permission to use loudspeakers.
The court urged the Maharashtra government to instruct religious institutions to adopt noise-control mechanisms, such as calibrated sound systems equipped with automatic decibel limits, to ensure compliance with regulations.
This judgment came in response to a petition filed by two housing associations from Kurla, the Jaago Nehru Nagar Residents Welfare Association and Shivsrushti Co-operative Housing Societies Association Ltd.
The petitioners alleged inaction by the police against noise pollution caused by loudspeakers installed on mosques in the area. The High Court’s directive reinforces the need for stricter enforcement of noise pollution laws to safeguard public health and peace.
The petitioners argued that the use of loudspeakers for religious purposes, including the recitation of the 'azaan' (Islamic call to prayer), disrupted public peace and violated the Noise Pollution (Regulation and Control) Rules, 2000, as well as provisions of the Environment (Protection) Act, 1986.
The High Court, in its order, observed that Mumbai is a cosmopolitan city with residents of various religions spread across all areas. The bench emphasized that granting permissions for loudspeakers in such cases is not in the public interest, stating that denying such permissions does not infringe upon rights under Articles 19 or 25 of the Constitution, as the use of loudspeakers is not an essential component of any religion.
The court underscored that it is the "bounden duty" of the state government and authorities to enforce the law and take all necessary measures to uphold it. It warned against any situation where individuals or groups refuse to adhere to the law, with law enforcers remaining passive spectators.
The bench highlighted the plight of ordinary citizens, who often become "hapless and helpless victims" of loudspeaker misuse. To address this, the court directed the police to act on complaints against loudspeaker violations without requiring the complainant's identity, ensuring protection from retaliation or ill will.
The court instructed the state to consider mandating built-in mechanisms to control the decibel levels of loudspeakers, amplifiers, and other sound-emitting devices used by religious institutions, regardless of the religion involved. It further suggested exploring measures like calibration or auto-fixation of decibel limits for such equipment to ensure compliance across all places of worship.
Additionally, the Commissioner of Police, Mumbai, was directed to ensure prompt action on complaints regarding loudspeaker violations and to withdraw permissions granted to trusts or institutions in cases of repeated violations.
The court reminded authorities of the prescribed ambient noise limits—55 decibels during the day and 45 decibels at night in residential areas—and clarified that cumulative noise from all sources must adhere to these limits. It cautioned that allowing each loudspeaker to emit up to the maximum permissible limit would defeat the legislative intent.
Finally, the bench acknowledged that citizens typically hesitate to complain until the situation becomes unbearable and reiterated the importance of proactive enforcement by the authorities.