In a significant ruling, the Bombay High Court has declared that the use of loudspeakers is not an essential practice of any religion. 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 on 23 January 2025.
The case was brought before the court by petitioners who argued that the use of loudspeakers for religious activities, such as Azaan and religious discourses, was causing noise pollution and disrupting the peace in their localities. They contended that noise from loudspeakers used in mosques and other religious events were exceeding permissible limits, and such practices infringed upon their right to a peaceful environment. The petitions were filed two resident welfare associations in Mumbai’s Kurla and Chunabhatti areas.
The petitions added that despite repeated complaints to authorities, no action was taken against such use of loudspeakers. The pleas said that the inaction by police amounted to negligence and a violation of the Noise Pollution Rules.
In its judgment, the court expressed its inability to issue any direction for the registration of FIR, but emphasized that while the Constitution guarantees the freedom to practice and propagate religion, this right does not extend to practices that impinge upon the rights of others. The court stated that the use of loudspeakers cannot be considered an integral part of any religious practice.
Therefore, the court directed the state to take appropriate actions to control the decibel level of loudspeakers, voice amplifiers, public address systems or any other sound-emitting gadgets used in religious places. The court suggested that the govt may issue directions for calibrating or auto-setting decibel limits for such loudspeakers and amplifiers.
The Bombay High Court also directed the govt to ensure that police officials use mobile apps to monitor decibel levels of such sound systems. If violations are found, police should seize the equipment and take appropriate action, the court added. The bench further added that once a complaint is received, the police must take action without identifying the complainant.
This ruling aligns with previous decisions by the Bombay High Court aimed at regulating noise pollution during religious events. In a 2022 order, the court held that festivals like Navratri, which involve Garba and Dandiya dances, do not necessitate the use of loudspeakers or DJs, emphasizing the need to conduct such events without causing disturbance to others.
