25 Jan 2025, Mumbai: The Bombay High Court ruled that denying permission to use loudspeakers does not infringe on the right to practice religion, stating that loudspeakers are not an essential religious practice protected by law.
A Bench of Justices Ajey S Gadkari and Shyam C Chandak prescribed a graded penalty system to address noise pollution complaints. They emphasized that cumulative sound levels from multiple loudspeakers in an area should be considered, rather than individual limits.
The judgment stemmed from a petition filed by residents’ associations in Kurla and Chunabhatti against mosques and madrasas exceeding permissible decibel levels and operating during prohibited hours. Police records revealed noise levels at two Kurla mosques reached 79.4 and 98.7 decibels, far above the allowable 55 or 45 decibels.
The court directed authorities to implement mechanisms to control decibel levels, such as calibrating sound-emitting devices. Police were instructed to use decibel-measuring apps and enforce a four-step penalty system: initial caution, fines for repeat offenses, confiscation of loudspeakers, and cancellation of licenses for continued violations.
The ruling referenced the 2016 verdict in Dr. Mahesh Vijay Bedekar v Maharashtra, which established that loudspeakers are not a fundamental right under Articles 25 or 19(1)(a) of the Constitution. It also mandated adherence to the Noise Pollution (Regulations and Control) Rules, restricting loudspeaker use from 10 PM to 6 AM, except during permitted cultural or religious occasions.
The court urged the police to maintain complainant anonymity to prevent backlash. In a separate contempt plea, the HC demanded an update on 2,940 unauthorized loudspeakers, with the next hearing scheduled for March 18.
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