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

The tribunal passed these directives connected a plea by an relation and nine of residents of suburban Nehru Nagar, Kurla (East) and Chunabhatti area. The plea alleging nonaccomplishment of constabulary to instrumentality enactment against usage of loudspeakers and amplifiers by spiritual places specified arsenic mosques successful the country beyond prohibited hours and permissible decibel limits.

It referred to the 2016 HC judgement that issued respective directives for the strict implementation of Noise Pollution (Regulations and Control) Rules, 2000. The HC had past observed that “use of loudspeakers is not an indispensable portion of immoderate religion and truthful extortion nether Article 25 (freedom of religion) of constitution is not available” to violating institutions.

“Mumbai is simply a cosmopolitan city, evidently determination are radical of antithetic religions successful each portion of the city… Noise is simply a large wellness hazard successful assorted aspects. No 1 tin assertion that his rights are affected successful immoderate mode if helium is denied support to usage a loudspeaker. It is successful nationalist involvement that specified permissions should not beryllium granted… Use of loudspeakers is not an indispensable portion of immoderate religion,” a seat of Justices Ajey S Gadkari and Shyam C Chandak noted successful the judgement.

The seat went connected to add,  “According to us, it is the bounden work of the Respondent constabulary authorities and the government  that they indispensable and should enforce the instrumentality by adopting each indispensable measures, arsenic whitethorn beryllium prescribed by the provisions of law. In a antiauthoritarian state, determination cannot beryllium a concern that a idiosyncratic / radical of persons/ relation of persons would accidental that, it volition not travel oregon adhere to the instrumentality of the onshore and the instrumentality enforcers would beryllium meek oregon soundless spectators to it.”

The petitioners, done advocates Kaushik Mhatre, Chinmay Jawale and Reena Richards, had claimed that they had made complaints to the Nehru Nagar (Kurla East) and Chunabhatti constabulary stations and had reported sound contamination astatine precocious measurement astatine 5 americium successful the aboriginal greeting adjacent mosques and madrasas successful the vicinity and connected festivals they are utilized till 1.30 am.

Despite respective complaints citing wellness and different problems caused by residents infringing their cardinal close of idiosyncratic liberty, the constabulary authorities “blatantly ignored” the same, prompting the residents to HC, the plea added.

The plea sought a absorption to the Chunabhatti and Nehru Nagar constabulary presumption to registry FIR against the offenders flouting Noise Pollution Rules and provisions of Protection of Environment Act and besides sought a absorption to the Mumbai Commissioner of Police (CP) to instrumentality enactment against zonal Deputy CP (Zone VI) and officers of section constabulary stations for nonaccomplishment successful discharging their duties.

As per sound contamination norms, the decibel bounds successful residential areas during the time indispensable beryllium astatine the astir 55 decibels and during the nighttime should beryllium 45 decibels. However, the decibel levels astir mosques acrophobic were supra 80 decibels.

The HC took a judicial enactment of the contented and said “generally people/citizens bash not kick astir the things until it becomes intolerable and a nuisance”.

The seat told the Mumbai CP to nonstop each constabulary officers to usage decibel level measuring mobile exertion and prehend those loudspeakers oregon different instrumentality producing offending noise, violating law.

It said that constabulary authorities should guarantee individuality of complainants are not disclosed to offenders, “to debar specified complainants being targets oregon sick volition and processing hatred”, it added.

The HC said astatine archetypal instance, constabulary tin caution the alleged offender and connected repeated violation, tin enforce fines connected acrophobic trusts oregon organisations  arsenic per provisions of Maharashtra Police Act and pass them of strict enactment successful lawsuit of further violation. On adjacent occasion, the tribunal said, constabulary shall prehend the loudspeakers and whitethorn proceed to cancel the licence issued successful favour of institutions to usage specified equipment.