Bombay HC Calls for Strict Action on Loudspeakers in Religious Places

Bombay HC Calls for Strict Action on Loudspeakers in Religious Places

The Bombay High Court (HC) has called for strict regulation on the use of loudspeakers in religious places, emphasising that such practices are not a religious necessity. The court stated that noise pollution, especially caused by loudspeakers, poses significant health risks and must be curbed to protect public peace and well-being. The judgment came in response to a petition filed by two housing societies in Kurla East, which raised concerns over the disturbance caused by loudspeakers at local mosques.

The bench, comprising Justices Ajey Gadkari and Shyam Chandak, clarified that denying permission to use loudspeakers does not infringe upon constitutional rights, specifically referring to Articles 19 and 25, which guarantee freedom of speech and religious freedom. The court noted that while these rights are protected, they do not extend to activities that harm public health, such as the excessive use of noise-emitting devices. The petitioners, Shivsrushti Co-op and Jaago Nehru Nagar Residents Welfare Association, had argued that the use of loudspeakers for religious purposes violated the Environment Protection Act of 1986 and the Noise Pollution Rules of 2000. They highlighted the disturbances caused by early morning and late-night sound emissions in an area already designated as a silent zone due to the presence of schools and hospitals.

Citing the Supreme Court’s ruling in the Church of God case, the HC reaffirmed that noise-generating activities like drum beatings and loudspeakers cannot be permitted if they disrupt public peace. The court directed that noise levels in residential areas should not exceed 55 dB during the day and 45 dB at night, with all sources of noise combined. To address the issue, the court urged the Maharashtra government to implement stricter noise-cancelling measures in religious spaces. It recommended that religious organisations install auto-decibel limiting systems in sound equipment to ensure compliance. The police were also instructed to accept anonymous complaints, and if violations persist, offenders should be fined, with repeated offenders having their loudspeakers confiscated.

In response, the Deputy Commissioner of Police submitted an affidavit noting that efforts were being made to control noise pollution in the area, including sound level monitoring and discussions with mosque authorities. However, the affidavit admitted that occasional violations had occurred, prompting the court to push for more stringent enforcement. This ruling serves as a significant step towards addressing noise pollution in Mumbai, particularly in religious and residential zones, and sets a precedent for further regulation of noise levels in public spaces.