North India Statesman
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The Bombay High Court has made an important comment on the use of loudspeakers. The court said that the use of loudspeakers in any religion is not a compulsory part and it is very important to ensure following the rules of noise pollution. The High Court directed the state government and law enforcement agencies to take immediate and strict action against those who violate the standards related to noise pollution.
Effect on noise pollution and health
A division bench of Justice AS Gadkari and Justice SC Chandak said that “noise is a serious threat to health.” No one can claim that their fundamental rights will be affected by not getting permission to use loudspeakers. ” The court also said that non -use of loudspeakers would not cause Article 19 (freedom of expression) and Article 25 (freedom of religion) of the Constitution.
Use of loudspeakers at religious places
The bench directed the state government to motivate religious institutions to adopt sound control measures. These include the implementation of sound systems that set their self -determined boundaries.
Complaint of petitioners
The decision came on a petition filed by two residential associations of Kurla suburb. The petitioners alleged that loudspeakers on the mosques of the area are causing noise pollution and the police are not taking any action on their complaints.
Loudspeaker disturbs peace
The petitioners argued that the use of loudspeakers for other religious purposes including Ajan disrupts peace and public system. He described it as a violation of the provisions of noise pollution (regulation and control) Rules, 2000 and Environment Protection Act, 1986.
Officers’ responsibility
The court said that it is the responsibility of the state and law enforcement agencies to ensure the law. The judgment said, “No person or organization in a democratic state can be allowed to say that they will not follow the law. Officers cannot remain mute spectators. “
Instructions for action on noise pollution
The court directed the police to take immediate action against complaints against the misuse of loudspeakers. The identity of the complainant should be kept confidential so that they do not have to face any torture, maliciousness or hatred.
Special instructions to Police Commissioner
The Mumbai Police Commissioner was asked to issue instructions to all police stations that immediate action should be taken against the loudspeakers at religious places.
Environmental sound level standard
The High Court reminded the officials that the surrounding sound level in residential areas should not exceed 55 decibels and 45 decibels at night.
Judicial cognition and social messages
The bench said, “People do not complain until the problem becomes unbearable. Officials should ensure that the public is saved from unnecessary noise and their rights are protected. ”
