Bombay High Court Dismisses Petition on Loudspeaker Use in Religious Practices

Court Emphasizes Noise Pollution Regulations, Dismisses Masjid A. Gousiya's Plea for Loudspeaker Installation

In a significant ruling, the Bombay High Court, Nagpur Bench, dismissed a petition filed by Masjid A. Gousiya seeking permission to use loudspeakers for religious practices. The court reiterated that the installation of loudspeakers for religious purposes is not a mandatory right and emphasized the importance of adhering to noise pollution regulations under the Environment (Protection) Act, 1986 and the Noise Pollution (Regulation and Control) Rules, 2000.

The bench, comprising Justices Anil L. Pansare and Raj D. Wakode, addressed the recurring issue of noise pollution in Nagpur City, highlighting that no religion prescribes prayers to be conducted in a manner that disturbs the peace of others. The court underscored that the fundamental right to freedom of speech does not extend to creating noise pollution, thereby infringing on the fundamental right to life, which includes living in a peaceful environment.

The court's decision drew upon precedents set by the Supreme Court, which had earlier ruled that while individuals have the right to speech, they do not have the right to force others to listen. The court called for effective enforcement of noise pollution regulations, urging authorities to take proactive measures against violations, especially during nighttime hours.

The judgment also noted the need for state governments to ensure strict compliance with noise pollution laws and to consider the health implications of noise pollution on the public. The court directed the registration of a suo moto Public Interest Litigation to address the persistent noise pollution issues in Nagpur, urging for a comprehensive approach to managing sound pollution in the city.

The ruling serves as a reminder of the delicate balance between religious freedoms and the rights of individuals to live in a noise-free environment, reinforcing the need for responsible and considerate use of sound systems in religious and public settings.

Bottom Line:

Installation of loudspeakers for practicing religion is not a mandatory right. Noise pollution caused by loudspeakers and other sound systems must comply with the provisions of the Environment (Protection) Act, 1986, and Noise Pollution (Regulation and Control) Rules, 2000.

Statutory provision(s):  Environment (Protection) Act, 1986, Noise Pollution (Regulation and Control) Rules, 2000, Constitution of India, Article 19(1)(a), Article 21.

Masjid A. Gousiya v. State of Maharashtra, (Bombay)(Nagpur Bench)(DB) : Law Finder Doc Id # 2817957