‘Use of loudspeakers not essential part of religion’: Bombay HC directs govt, police to take action

The court passed these directives on a plea by Jaago Nehru Nagar Residents Welfare Association and The Shivsrushti Co-op. Housing Societies Association Ltd. of residents of suburban Nehru Nagar, Kurla (East) and Chunabhatti area. The plea alleging failure of police to take action against use of loudspeakers and amplifiers by religious places such as mosques in the area beyond prohibited hours and permissible decibel limits.

It referred to the 2016 HC judgement that issued several directives for the strict implementation of Noise Pollution (Regulations and Control) Rules, 2000. The HC had then observed that “use of loudspeakers is not an essential part of any religion and therefore protection under Article 25 (freedom of religion) of constitution is not available” to violating institutions.

“Mumbai is a cosmopolitan city, obviously there are people of different religions in every part of the city… Noise is a major health hazard in various aspects. No one can claim that his rights are affected in any manner if he is denied permission to use a loudspeaker. It is in public interest that such permissions should not be granted… Use of loudspeakers is not an essential part of any religion,” a bench of Justices Ajey S Gadkari and Shyam C Chandak noted in the judgement.

The bench went on to add, “According to us, it is the bounden duty of the Respondent police authorities and the government that they must and should enforce the law by adopting all necessary measures, as may be prescribed by the provisions of law. In a democratic state, there cannot be a situation that a person / group of persons/ association of persons would say that, it will not follow or adhere to the law of the land and the law enforcers would be meek or silent spectators to it.”

The petitioners, through advocates Kaushik Mhatre, Chinmay Jawale and Reena Richards, had claimed that they had made complaints to the Nehru Nagar (Kurla East) and Chunabhatti police stations and had reported noise pollution at high volume at 5 am in the early morning near mosques and madrasas in the vicinity and on festivals they are used till 1.30 am.

Despite several complaints citing health and other problems caused by residents infringing their fundamental right of personal liberty, the police authorities “blatantly ignored” the same, prompting the residents to HC, the plea added.

The plea sought a direction to the Chunabhatti and Nehru Nagar police station to register FIR against the offenders flouting Noise Pollution Rules and provisions of Protection of Environment Act and also sought a direction to the Mumbai Commissioner of Police (CP) to take action against zonal Deputy CP (Zone VI) and officers of local police stations for failure in discharging their duties.

As per noise pollution norms, the decibel limit in residential areas during the day must be at the most 55 decibels and during the night should be 45 decibels. However, as per 2023 affidavit of the Deputy Commissioner of Police (DCP) decibel levels at two mosques concerned were above 80 decibels.

“If one or more religious places are using loudspeakers or PAS, it is not the individual ambient air quality limit of 55 decibels or 45 decibels, but it is in all the cumulative sound levels of all the loudspeakers/voice amplifiers. which are in use at one point of time,” the bench noted.

The HC took a judicial note of the issue and said “generally people/citizens do not complain about the things until it becomes intolerable and a nuisance”.

The bench told the Mumbai CP to direct all police officers to use decibel level measuring mobile application and seize those loudspeakers or other equipment producing offending noise, violating law.

It said that police authorities should ensure identity of complainants are not disclosed to offenders, “to avoid such complainants being targets or ill will and developing hatred”, it added.

The HC said at first instance, police can caution the alleged offender and on repeated violation, can impose fines on concerned trusts or organisations as per provisions of Maharashtra Police Act and warn them of strict action in case of further violation. On next occasion, the court said, police shall seize the loudspeakers and may proceed to cancel the licence issued in favour of institutions to use such equipment.