Bombay High Court Takes Action against Illegal Loudspeakers at Religious Institutions

In a significant development aimed at addressing noise pollution and enforcing compliance with legal regulations, the Bombay High Court has sought detailed reports from top state authorities regarding illegal loudspeakers at religious places across Maharashtra. This directive underscores the judiciary’s commitment to upholding public interest and ensuring adherence to prior court rulings.

Background of the Case

The issue stems from a Public Interest Litigation (PIL) filed in 2014 by Santosh Shrikrishna Pachalag, a Navi Mumbai resident. Pachalag initially approached the court, seeking the removal of unauthorized loudspeakers installed at mosques in his locality. Over time, the case evolved to encompass illegal loudspeakers at various religious institutions, including temples, dargahs, churches, gurdwaras, and Buddha Viharas.

In 2016, the High Court had delivered a landmark judgment emphasizing the need to curb noise pollution, particularly from loudspeakers and public address systems. The court had directed authorities to ensure that no loudspeakers were installed or operated at places of worship without the requisite permissions.

Despite these directives, Pachalag later filed a contempt petition alleging non-compliance with the 2016 judgment. He highlighted, through findings obtained under the Right to Information (RTI) Act, that around 2,940 illegal loudspeakers were still operational across the state.

Latest High Court Order

On January 15, 2025, a division bench comprising Chief Justice DK Upadhyaya and Justice Amit Borkar issued fresh directives to the Maharashtra authorities. The court instructed the Director General of Police (DGP) and the Principal Secretary, Department of Home, to submit affidavits detailing:

1. The total number of actions taken against violators.
2. Any penal measures implemented.
3. Steps undertaken to ensure compliance with the 2016 judgment.

The bench also emphasized the need for comprehensive enforcement measures, stressing the importance of curbing noise pollution for the larger public good.

The Scope of the Problem

According to Pachalag’s RTI findings, unauthorized loudspeakers have been installed across diverse religious institutions, including:

• Temples: Often used during festivals and rituals.
• Mosques: Primarily for calls to prayer.
• Dargahs and Buddha Viharas: For religious ceremonies and gatherings.
• Churches: Occasionally for mass and other events.
• Gurdwaras: During kirtans and prayer services.

While these practices are rooted in tradition and community bonding, their unregulated use poses challenges, particularly in urban areas where noise levels are already high.

Noise Pollution: A Persistent Issue

Noise pollution has long been a pressing concern in India, especially in densely populated cities. Unregulated use of loudspeakers exacerbates the problem, leading to:

• Health Issues: Prolonged exposure to high-decibel sounds can result in hearing loss, stress, and cardiovascular problems.
• Public Disturbances: Noise pollution disrupts daily life, affecting students, the elderly, and those with health conditions.
• Legal Violations: Operating loudspeakers without permissions contravenes the Noise Pollution (Regulation and Control) Rules, 2000, and other related laws.

The Bombay High Court’s emphasis on curbing illegal loudspeakers is a step towards addressing these broader issues.

The Role of Authorities

The responsibility for enforcing noise pollution regulations primarily rests with law enforcement and municipal authorities. However, Pachalag’s contempt petition highlights significant lapses in implementation.

The court has now directed the authorities to provide a separate affidavit detailing:

1. Mechanisms for Monitoring Compliance: How authorities track and address violations.
2. Public Awareness Initiatives: Steps taken to educate communities about the legal requirements for loudspeaker usage.
3. Enforcement Challenges: Any obstacles faced in implementing the 2016 judgment.

Legal Framework Governing Loudspeakers

In India, the use of loudspeakers and public address systems is regulated by:

• The Noise Pollution (Regulation and Control) Rules, 2000: Specifies permissible noise levels for residential, commercial, and industrial zones.
• The Environment Protection Act, 1986: Empowers authorities to take action against violations.
• State-Specific Laws: Maharashtra has its own guidelines for the use of loudspeakers during festivals and public events.

Balancing Tradition and Law

The court’s directives highlight the need to strike a balance between respecting religious traditions and ensuring legal compliance. While loudspeakers play a significant role in religious and cultural practices, their unregulated use often infringes on the rights of others.

Next Steps and Hearing Schedule

The High Court has scheduled the next hearing on March 18, 2025. By this date, the state authorities are required to submit comprehensive affidavits detailing the actions taken and the measures planned to ensure compliance with the 2016 judgment.

The court’s intervention serves as a reminder to all stakeholders—religious institutions, local authorities, and the public—about the importance of adhering to legal norms for the greater good.

Public Implications of the Case

The case has broader implications for governance and public policy:

1. Strengthening Enforcement: Highlights the need for stricter monitoring and penalties for non-compliance.
2. Community Involvement: Encourages dialogue between religious institutions and authorities to promote voluntary compliance.
3. Policy Recommendations: Calls for clear guidelines and streamlined processes for obtaining permissions for loudspeaker usage.

Conclusion

The Bombay High Court’s firm stance on illegal loudspeakers is a significant step towards addressing noise pollution and ensuring legal compliance. As the state authorities prepare to submit their reports, the case serves as a powerful reminder of the judiciary’s role in upholding public interest and fostering accountability.

With the next hearing scheduled for March 2025, all eyes are on the Maharashtra government to deliver on its commitment to enforce the law and create a more harmonious environment for all citizens.

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High Court seeks report on action against illegal loudspeakers at religious places

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