Bombay High Court: Loudspeakers Not Essential for Any Religion
In a significant ruling, the Bombay High Court has stated that loudspeakers are not essential for practicing any religion. The court directed the Maharashtra government to take necessary steps to curb noise pollution. The bench, comprising Justice Ajay Gadkari and Justice Shyam Chandhok, observed that banning the use of loudspeakers does not violate any religious rights, as the move is aimed at public welfare.
Court’s Observations
The court highlighted that noise pollution can lead to severe health issues and must be controlled. It emphasized that no religious organization should have objections to restrictions on loudspeaker use since the right to practice religion is not compromised. Articles 19 and 25 of the Indian Constitution, which guarantee freedom of speech and religion, are not violated by such restrictions, the court added.
The court instructed the Maharashtra government to issue directives to all religious institutions to regulate the decibel levels of loudspeakers. Authorities were also asked to treat the matter seriously and ensure compliance.
Complaints Against Loudspeaker Use
The issue arose after complaints were filed against the use of loudspeakers at nine mosques and madrasas in Maharashtra. Residents alleged that the loudspeakers were being used for azaan as early as 5 a.m. and sometimes even past midnight, causing severe noise pollution. Despite these complaints, police allegedly took no action and instead urged complainants to withdraw their grievances.
The court noted that noise pollution from religious places has led to health concerns among residents, prompting legal intervention. The judges stated that decibel levels must be regulated universally, regardless of the religion or type of institution. If necessary, authorities can impose a complete ban on loudspeakers in places of worship to ensure public health and safety.
Government Responsibility
The court has mandated that the Maharashtra government enforce strict noise control measures at all places of worship. This ruling is expected to have broader implications for addressing noise pollution across the state while balancing religious freedom and public welfare.