Use of loudspeakers is not an essential aspect of any religion and no fundamental right is violated if permission is denied for the same, the Bombay High Court held on Thursday (Jaago Nehru Nagar Residents Welfare Association v Commissioner of Police).
A Bench of Justices Ajay Gadkari and Shyam Chandak made the observation while directing the Mumbai police to strictly implement the Noise Pollution (Regulation and Control) Rules, 2000.
"Noise is a major health hazard on various aspects. No one can claim that his rights are affected in any manner if he is denied a permission to use loudspeaker. It is in public interest that such permissions should not be granted. By denying such permissions, rights under Article 19 or 25 of the Constitution of India are not at all infringed. Use of loudspeakers is not an essential part of any religion," the Court held.
The Court was hearing petitions filed by two resident welfare associations in Mumbai's Kurla and Chunabhatti areas, seeking a first information report (FIR) against several mosques and madrasas for violating noise pollution norms.
The petitioners claimed that the use of loudspeakers for Azaan and religious discourses was disturbing the peace in the vicinity with noise levels exceeding permissible limits.
Despite repeated complaints to the police, including through the Police Control Room, Twitter and in writing to senior officers, no action was taken.
The petitioners argued that the police failure to address the issue amounted to negligence and a violation of the Noise Pollution Rules, with the loudspeaker use being harmful to public health.
In response, the Court expressed its inability to issue any direction for the registration of FIR, but it emphasized the importance of controlling the decibel levels of loudspeakers used in religious places.
Hence, it directed that the State takes measures to implement mechanisms to control the decibel levels of loudspeakers, voice amplifiers, public address systems or any other sound-emitting gadgets used by religious institutions.
“We therefore direct the State to consider to direct all the concerned to have inbuilt mechanism to control decibel level in their loudspeakers / voice amplifiers / public address system or other sound emitting gadgets used by any religious place / structure / institution, irrespective of religion," the judgment said.
The State may consider issuing directions for calibrating or auto-setting decibel limits for loudspeakers and amplifiers used in places of worship across all religions, the Court added.
It also directed the authorities to ensure that mobile applications to measure decibel levels be used by police officers to monitor noise levels effectively.
“The Police are bound to implement Sections 38, 70, 136 and 149 of the Maharashtra Police Act, as may be required in view of the fact situation of each case,” it said.
The Bench observed that ff violations are detected, police could seize offending equipment under Section 70 of the Maharashtra Police Act and take appropriate action, including the cancellation of licenses allowing the use of loudspeakers.
The bench also laid out specific steps for the police in handling such complaints. It stated that once a citizen raises a complaint, the police must act without requiring identification of the complainant.
The police should caution offenders at first, impose fines for subsequent violations, and seize loudspeakers in cases of repeated infractions.
The following guidelines were issued in this regard:
"Once a citizen of any locality raises a complaint with the Police against any religious structure or otherwise causing noise pollution, the Police will without seeking / verifying identification of the person complaining thereof and if has received identification shall not disclose the identity of the complainant to the offender and adopt following steps:
"(a) At the first instance caution the alleged offender.
(b) On a subsequent occasion, complaint/s received against same offender, the Police to impose a fine under Section 136 of the Maharashtra Police Act, on the concerned religious structure and may recover it from its Trustees and/or Manager and warn the Trustees and Manager/s with further stricter action in case of receipt of complaints in future.
(c) If any further complaint/s are received pertaining to the same religious structure on the next occasion, the Police shall adopt steps as contemplated under Section 70 of the Maharashtra Police Act, to seize the loudspeakers and/or amplifiers from the concerned religious structure and thereafter may proceed to cancel the licence issued in favour of the concern structure permitting to use loudspeakers and/or amplifiers."
The Court concluded that the police should ensure compliance with noise pollution rules while safeguarding the identity of complainants to prevent any repercussions.
