- Ruling: Use of loudspeakers is not essential to any religion, according to the Bombay High Court.
Relevance : GS 2(Judiciary, Governance, Health)
- Health Concerns: Court highlighted that noise is a major health hazard, justifying the need to regulate loudspeakers.
Court Direction:
- Law enforcement agencies directed to act promptly against noise pollution violations.
- Religious institutions urged to use sound systems with auto-decibel limits to control noise.
- Background: The ruling came from a petition filed by housing associations in Kurla, Mumbai, citing police inaction regarding noise pollution from masjids.
- Noise Pollution Concern: Petitioners argued that loudspeakers used for religious purposes, violated Noise Pollution (Regulation and Control) Rules, 2000, and the Environment (Protection) Act, 1986.
- Cosmopolitan Nature of Mumbai: The court emphasized Mumbai’s diversity, stating that granting loudspeaker permissions could infringe on public peace.
- Article 19 & 25: Court ruled that denying loudspeaker permissions does not infringe on religious rights under Articles 19 (freedom of speech) and 25 (freedom of religion) of the Constitution.
- Public Interest: The court stressed that denying loudspeaker permissions is in the public interest, to maintain peace in the cosmopolitan city.
- Citizens’ Plight: The court acknowledged that common citizens suffer due to the use of loudspeakers and amplified sounds, making it the responsibility of the state and authorities to enforce the law.
