The Bombay High Court (HC) has ruled that using loudspeakers is not a requirement for any religion. It noted that noise is a serious health hazard. The court said denying permission to use loudspeakers does not violate constitutional rights.
A bench of Justices Ajey Gadkari and Shyam Chandak stated that such permissions are not in the public interest. The court referred to Articles 19 and 25 of the Constitution. It ruled that these rights are not violated by restricting loudspeaker use.
The judgement came in response to a petition filed by two housing societies in Kurla East. Shivsrushti Co-op and Jaago Nehru Nagar Residents Welfare Association accused the police of failing to control noise pollution caused by loudspeakers on local masjids.
The petitioners argued that using loudspeakers for religious purposes disturbs the peace. They said it violates the Environment Protection Act of 1986 and the Noise Pollution Rules of 2000. The court stressed the harmful effects of noise on health. It ruled that no religion mandates the use of loudspeakers or amplifiers.
The court referred to a Supreme Court judgement in the Church of God case. It ruled that amplifiers and drum beatings cannot be used to disturb public peace.
The court directed the police to allow anonymous complaints. It reminded authorities that collective noise levels in residential areas must stay within 55 dB during the day and 45 dB at night. It clarified that this limit is for all sources combined, not for individual devices.
The Maharashtra Police Act empowers the police to confiscate loudspeakers and other noise-making equipment. The court said the police must first warn offenders. If violations continue, fines should be imposed. For repeated offences, loudspeakers should be seized.
The court urged the state government to ask religious organisations to implement noise-cancelling measures. It suggested auto-decibel restrictions on calibrated sound systems. It also directed the state to issue guidelines for managing noise pollution in public and religious spaces.
The petitioners alleged that mosques in the area violated noise limits. They complained of disturbances early in the morning and late at night. They pointed out that the area is a silent zone with schools and hospitals. Despite several complaints, no strict action was taken. An RTI request revealed that loudspeakers in the area were unauthorised.
The Deputy Commissioner of Police submitted an affidavit. It claimed that steps were being taken to control noise pollution. This included monitoring sound levels and speaking with mosque authorities. However, the affidavit admitted that violations occurred occasionally.