The Bombay High Court on Thursday declared that the use of loudspeakers is not an essential part of any religion. The court has directed law enforcement agencies to strictly enforce noise pollution norms. Justices A S Gadkari and S C Chandak noted that noise pollution is a major health hazard. They stated that no individual can claim their rights are infringed if denied permission to use loudspeakers.
The judgment came after a petition was filed by Jaago Nehru Nagar Residents Welfare Association and Shivsrushti Co-operative Housing Societies Association Ltd. The petitioners, represented by advocates Kaushik Mhatre, Chinmay Jawale, and Reena Richards, highlighted that noise levels often exceeded permissible limits, causing health problems and infringing on residents’ fundamental rights. Despite multiple complaints, the local police allegedly failed to act, prompting the housing societies to seek judicial intervention.
The court acknowledged that Mumbai is a cosmopolitan city. People of various religions reside in every part of the city. The court stressed that denying permissions for loudspeaker usage does not infringe on constitutional rights under Articles 19 or 25. The bench stated it is the duty of the state government and other authorities to enforce the law. They must take necessary measures as prescribed by the provisions of law.
“In a democratic state, it is unacceptable for any person or group to disregard the law of the land,” the court asserted. The judges added that common citizens are “helpless victims” of the excessive use of loudspeakers and amplifiers.
The court directed the state government to implement mechanisms for controlling noise levels. These include calibrated sound systems with auto-decibel limits. The court also ordered the Commissioner of Police, Mumbai, to instruct all police stations to take prompt action against loudspeakers at religious places violating noise pollution norms.
“Ambient noise levels must not exceed 55 decibels during the day and 45 decibels at night in residential areas,” the court reminded. Cumulative noise from all sources must adhere to these limits. The police should withdraw permissions for loudspeaker usage if repeated violations occur.
The court took note of the fact that people generally do not complain until the situation becomes intolerable. The court instructed the police to act on complaints without requiring identification of the complainant. This is to avoid any backlash or ill will.
The petitioners submitted that many masjids and madrasas in Chunabhatti and Nehru Nagar, Kurla, use loudspeakers. These loudspeakers, microphones and amplifiers create unbearable noise. The loudspeakers are used at around 5:00 am, which is beyond the permissible limit. During festival days, they are operated until 1:30 am.
The advocates argued that the police attached to Chunabhatti and Nehru Nagar Police Station failed to take necessary steps to prevent noise pollution. The bench observed that the very fact that the petitioners filed an application to direct the state authorities to implement the Supreme Court’s orders, as well as several orders of the High Court, showed a deliberate violation of orders.
The court also directed the state government to instruct police to use decibel level measuring mobile applications. This is to check noise levels. The court emphasised that policemen are duty-bound to deal with any complaints. They should withdraw permissions granted to institutions for the use of loudspeakers if repeated violations are reported.
In summary, the Bombay High Court’s ruling aims to enforce noise pollution laws rigorously. It seeks to ensure a peaceful environment for all residents, irrespective of religious affiliations.
