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Bombay HC: Loudspeakers Not Essential to Religion

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The Bombay High Court ruled that using loudspeakers is not an essential religious practice and directed strict enforcement of noise pollution laws, including a graded penalty system to address complaints without targeting complainants.

Key Observations by the Bombay HC:

• The Bombay High Court (HC) ruled that the use of loudspeakers and public address systems (PAS) is not an essential religious practice protected by law.
• No one can claim a violation of their religious rights under Article 25 (freedom of religion) if permission to use loudspeakers is denied.
• The court emphasized the need to consider cumulative noise levels of multiple loudspeakers rather than individual noise limits.

Laws on Noise Pollution and HC Directions:

• As per the Noise Pollution (Regulation and Control) Rules, 2000, noise in residential areas must not exceed 55 decibels (day) and 45 decibels (night).
• Maharashtra Police Act empowers police to stop noise, revoke permissions, or modify terms for loudspeaker use.
• The HC directed the state and police to ensure noise pollution complaints are acted upon without identifying complainants to avoid backlash.
• Police must use decibel-measuring apps to monitor violations and enforce a graded penalty system, including warnings, fines, loudspeaker seizure, and license cancellation.

Previous Rulings and Noise Management Recommendations:

• Referring to its 2016 ruling, the HC reiterated that loudspeakers are not a fundamental right under Articles 25 or 19(1)(a).
• Loudspeakers are banned from 10 PM to 6 AM, except for 15 days per year during festivals, and prohibited in silence zones (100 meters near schools, hospitals, courts, and religious places).
• The HC recommended automatic decibel calibration of loudspeakers to ensure compliance.

Sources Referred:

PIB, The Hindu, Indian Express, Hindustan Times