NO to NOISE Pollution through Religion
Use Of Loudspeakers Not Essential Part Of Any Religion: Bombay HC
In a very major development, we see that none other than the Bombay High Court which is one of the oldest and most prestigious High Court with maximum High Court Benches in India in a most learned, laudable, landmark, logical and latest judgment titled Jaago Nehru Nagar Residents Welfare Association vs Commissioner of Police in Criminal Writ Petition No. 4729 of 2021 and cited in Neutral Citation No.: 2025:BHC-AS:3288-DB that was reserved on 07.05.2024 and then finally pronounced on 23.01.2025 in the exercise of its criminal appellate jurisdiction has minced just no words to hold in no uncertain terms most unambiguously that using loudspeakers for prayers or for reciting religious discourses is not an essential part of any religion and therefore ordered the Mumbai Police to strictly implement the Noise Pollution Rules, 2000 and ensure that no religious place creates noise pollution by using loudspeakers. We must note that a Division Bench comprising of Hon’ble Mr Justice Ajay Gadkari and Hon’ble Mr Justice Shyam Chandak was unequivocal in holding that Mumbai being a ‘cosmopolitan’ city, people from different religions live here. The Bench was also unambiguous in holding that the Mumbai Police has powers to take strict action against such noise polluters and therefore, issued guidelines on how the police should go about, upon receiving a complaint pertaining to noise pollution due to some religious place.
On a personal note, I never feel disturbed by Azaan as I see it as an opportunity to refresh myself and in the morning take it as a wake up alarm clock to get up and start doing morning exercise. When I was doing my BSc IInd year in Sagar in Madhya Pradesh, the Mackronia locality where I was staying had a mosque very nearby and I always felt happy to hear it and never felt disturbed by it! But what Bombay High Court has ruled in this leading case has to be implemented as many people just can’t tolerate it unless it is explicitly overruled by the Supreme Court!
At the very outset, this brief, brilliant, bold and balanced judgment authored by Hon’ble Mr Justice AS Gadkari for a Division Bench of the Bombay High Court comprising of Hon’ble Mr Justice Shyam C Chandak and himself sets the ball in motion by first and foremost putting forth in para 1 that, “This Petition under Article 226 of the Constitution of India is filed for (i) appropriate writ, order or direction in the nature of writ of mandamus, directing the Respondent Nos.4 & 5 to register F.I.R. against the offenders for using loudspeakers in high volume without permission, violating the Noise Pollution (Regulation and Control) Rules, 2000 [for short, “Noise Pollution Rules”] and the provisions in the Environment (Protection) Act, 1986 [for short, “said Act”] and the other relevant laws thereof; (ii) for directing the Respondent No.1 – Commissioner of Police, Mumbai to take appropriate action against the Respondent Nos.2 to 5 for failure in discharging their official duty and defying and non implementing and/or non complying with the Orders dated 10th November 2012 and 16th August 2016 passed in Public Interest Litigation No. 173 of 2010; and for other consequential reliefs.”
To put things in perspective, the Division Bench envisages in para 3 that, “Petitioners are the associations registered with the concerned Authorities having their object to do development work for the locality, with the aim to improve the general welfare and quality of life of the citizens, to help the residents in the locality in solving the problems and issues being faced by them. Petitioners are suffering from the noise pollution being created by the concerned violators by using loudspeakers in high volume without legal permission from the Authorities and also due to the casual approach and inaction on the part of the Police Department, ignoring the Rules and law of the land and in carrying out their duties. The Petitioners have therefore been constrained to institute present Petition for enforcing their fundamental and legal rights as the residents living in the area stated in the Petition since the Respondent Nos.1 to 5 have failed to protect their fundamental rights guaranteed under the Constitution of India to its citizens.
3.1) It is the case of the Petitioners that, the peace and tranquility in their locality are being constantly disturbed through the use of microphones and loudspeakers to recite ‘Azaan’ and other religious discourses by the offenders on a daily basis. That, there are many masjids and madrasas situated within the jurisdiction of Chunabhatti and Nehru Nagar, Kurla (East) Police Stations. The said masjids have fixed with/placed loudspeakers, microphones and/or amplifiers and the sound created therefrom is unbearable as the decibel level of the said sound is not only excessive but beyond the permissible decibel limits under the law. That, the said loudspeakers are being used in the early morning hours i.e. as early as 5:00 a.m. as well as till the midnight and many a times even past midnight. The loudspeakers are being used five times a day for the purpose of Azaan (call for prayer regularly). That, use of loudspeakers in the early hours i.e. at about 5:00 a.m. in the morning are “prohibited hours” under the law and during the festival days, they are operated till 1:30 a.m., which is beyond permissible limit for its use, even if the permission is alleged to have been granted by the concerned Authorities.
3.2) That, there are many masjids in the locality of Nehru Nagar and Chunabhatti area. For example, the Petitioners have given names of three masjids in the Chunabhatti Police Station jurisdiction and six masjids in the Nehru Nagar Police Station jurisdiction, which according to them are causing considerable amount of noise pollution in the locality of Petitioners. That, the Bilali Masjid situated in Nehru Nagar, Kurla, area is surrounded by four hospitals and schools and all are situated within 100 meters of radius. That, as per the Noise Pollution Rules, 2000, the said area is a silent zone and use of loudspeakers thereof is completely prohibited.
3.3) The Petitioners made several complaints to the Police Control Room on phone number 100, when they noticed the noise pollution from the said loudspeakers were unbearable and in excessive volume for long hours during the day and night time. However, the police attached to Chunabhatti and Nehru Nagar Police Station did not take necessary steps to prevent the said noise pollution for the reasons best known to them. That, many a times the complaints were given via Twitter (a social networking site that allows users to post, share, and reply to short messages) to Mumbai Police by tagging the highest Police Authorities. However, there is no response or any legal action taken by the Police Department in that behalf.
3.4) That, on 4th July 2020 written complaint signed by six citizens was given to the Senior Inspector of Respondent Nos.4 & 5, with a request to register F.I.R. against the offenders for committing the offence of noise pollution by violating Noise Pollution Rules and other laws. However, no action is taken thereof. It is the contention of the Petitioners that, the Respondent Nos.2, 4 & 5 i.e. the Police Authorities, refused to entertain their complaints on the ground that, the said noise pollution caused by the use of loudspeakers cannot be stopped, as the loudspeakers are fitted in a ‘masjid’ i.e. a religious place and therefore police cannot stop the noise pollution, as it is a sensitive matter related to religion and advised the Petitioners to withdraw the complaint by expressing their inability to stop noise pollution.
3.5) It is the case of the Petitioners that, refusal by Police Authorities to stop the noise pollution emitted from the loudspeakers fitted in the said religious places is contrary to the Rules framed under the Noise Pollution Act. That, use of loudspeakers without permission from the concerned Authority is illegal. It is contended that, the use of loudspeakers and amplifiers five times daily for 365 days without permission from the concerned Authorities against all necessary and relevant Rules is illegal and objectionable.
3.6) That, the complaint of the Petitioners dated 30th September 2020 to the Assistant Commissioner of Police, Nehru Nagar Division, with a request to take action against the violators for creating noise pollution by using loudspeakers without permission in high volume is not properly addressed. The information obtained from the public information officer of Nehru Nagar Division of Mumbai Police under the Right to Information Act, 2005, reveals that, no permission was granted to any of the masjids to use loudspeakers in the jurisdiction of Respondent Nos.4 & 5 Police Stations. The Petitioners also addressed a written complaint dated 17th December 2020 to the Commissioner of Police, Mumbai i.e. the Respondent No.1 herein, however it was of no avail.
3.7) That, due to the use of loudspeakers/amplifiers in high volume and the failure of police machinery to take necessary action against the offenders by registering necessary cases against them, many citizens in the Nehru Nagar area have fallen ill. The Police Officers attached to Respondent Nos. 4 & 5 Police Stations gave illusive answers and failed to act upon the complaints of the Petitioners and others. That, the Respondent Nos.1 to 5 are Police Authorities and are bound to take cognizance of the complaints of citizens. The non action by the Respondents itself speaks the poor state of affairs of law enforcement agency and therefore the Petitioners are constrained to file present Petition under Article 226 of the Constitution of India.”
Do note, the Division Bench notes in para 16 that, “Perusal of the Environment (Protection) Act, 1986 indicates that, there is no provision for lodgment of First Information Report and it is the reason Section 19 prescribes that, no Court shall take cognizance of any offence under this Act except on a complaint made by the Authorities mentioned therein. Section 15 of the Act provides for penalty or contravention of provisions of the said Act, Rules, Orders and directions issued under the said Act.”
As a corollary, it is worth noting that the Bench notes in para 17 that, “In view thereof, though the Petitioners have prayed for a direction for lodging of a crime, in the absence of any provision specifying the same under the said Act and/or Rules, we are unable to accede to the request of the Petitioners. However, taking into consideration the vital issue involved in the present case, i.e. noise pollution caused on account of use of microphones and loudspeakers to recite ‘Azaan’ or other religious discourses in daily basis in the vicinity of the Petitioners and not following the directions issued by this Court in the case of Mahesh Vijay Bedekar (supra), we have entertained this Petition.”
Quite forthrightly, the Division Bench mandates in para 18 propounding that, “Mumbai is a cosmopolitan City, obviously there are persons of different religions in every part of the city. The very fact that the Petitioners have filed the Petition to direct the State authorities to implement the Orders of the Apex Court as well as several Orders of this Court would evince that, there has been a deliberate violation of the Orders. Noise is a major health hazard on various aspects. No one can claim that his rights are affected in any manner if he is denied a permission to use loudspeaker. It is in public interest that such permissions should not be granted. By denying such permissions, rights under Article 19 or 25 of the Constitution of India are not at all infringed. Use of loudspeakers is not an essential part of any religion.”
Be it noted, the Bench notes in para 20 that, “It may be noted here that, to his Affidavit dated 8th November 2023, the Respondent No.2 has annexed two reports dated 4th January 2023 (page 106) and 2nd November 2023 (page 104). The said two reports are pertaining to Kabrastan Masjid situated within the jurisdiction of Chunabhatti Police Station and Sunni Raza Masjid situated within the jurisdiction of Nehru Nagar Police Station. As per the said two reports, the said masjids were emitting noise level upto 98.7 decibels and 79.4 decibels respectively. The said reports are submitted by the Police Officers attached to the concerned Police Stations. It is thus apparent that, there is substance in the allegations of the Petitioners and therefore there is no reason to disbelieve the grievance of the Petitioners that, the loudspeakers/public address systems put up by the said mosques are creating noise pollution. As noted earlier, the law relating to noise pollution and the steps to be adopted by the law enforcing agencies is well elucidated by this Court in the case of Mahesh Vijay Bedekar (supra).”
Most forthrightly, the Division Bench mandates in para 21 expounding that, “According to us, it is the bounden duty of the Respondent Nos.1 to 6 that, they must and should enforce the law by adopting all the necessary measures, as may be prescribed by the provisions of law. In a democratic State, there cannot be a situation that, a person/group of persons/association of persons would say that, it will not follow or adhere to the law of the land and the law enforcers would be meek or silent spectators to it.”
Needless to say, the Division Bench reiterates in para 22 holding that, “It is well settled by the Hon’ble Supreme Court in the case of Church of God (Full Gospel) In India (supra) that, undisputedly no religion prescribes that prayers should be performed by disturbing the peace of others nor does it preach that they should be through voice-amplifiers or beating of drums. That, in a civilized society in the name of religion, activities which disturb old or infirm persons, students or children having their sleep in the early hours or during day-time or other persons carrying on other activities cannot be permitted.”
It would be instructive to note that the Division Bench notes in para 23 that, “As per the schedule appended to the Noise Pollution Rules, the ambient air quality standards in respect of noise i.e. the decibel limit in Residential Area during ‘day-time’ must be at the most 55 decibels and during ‘night-time’ must be 45 decibels. According to us, this limit of 55 or 45 decibels is a cumulative limit of all the loudspeakers / voice amplifiers / public address systems or other sound emitting gadgets. Thus, in the vicinity of the Petitioners if one or more number of religious places are using loudspeakers or public address systems, it is not the individual ambient air quality limit of 55 decibels or 45 decibels, but it is in all the cumulative sound level of all the loudspeakers/voice amplifiers/public address system or other sound emitting gadgets, which are in use at one point of time. The law does not permit that, every individual loudspeaker will emit 55 or 45 decibels of noise aggregating to more than what is prescribed under the said Rules. That would amount to frustrating the intention of Legislature.”
Do further note, the Division Bench notes in para 24 that, “As held in the case of Mahesh Vijay Bedekar (supra) in addition to the Police sending the complaint(s) to the Respondent No.7 for lodging it before the Court of competent jurisdiction, the Police are bound to take action under Section 38 read with 136 of the Maharashtra Police Act on every default or breach committed by the user of loudspeakers/voice amplifiers/public address system or other sound emitting gadgets, if it is notice either by them or brought to their notice by any citizen that, the Noise Pollution Rules are being violated.”
While citing the relevant provisions of law, the Bench observes in para 25 that, “The Police under the Mumbai Police Act are having powers under Sections 38, 70, 136 & 149 of the Maharashtra Police Act and it is necessary for the Respondents-Police Authorities to use it for proper implementation of the Environment (Protection) Act and the Noise Pollution Rules, 2000.
25.1) In our view under Section 136 of the Mumbai Police Act, an imposition of fine of Rs.5,000/- a day or Rs.18,25,000/- for 365 days and payment thereof may perhaps not be a deterrent for those blatantly violating the said laws of the land. The violators do it as a matter of right and the complainants, often individuals are hapless and helpless victims of these obnoxious use of loudspeakers and/or amplifiers.
25.2) We take a judicial note of the fact that, generally people / citizens do not complain about the things until it becomes intolerable and a nuisance. We are of the view that, without requiring identification of the complainant, the Police Authorities must act on such complaints, more so to avoid such complainants being targets or ill will and developing hatred.”
Resultantly, the Division Bench then directs in para 26 stating that, “We therefore direct the State to consider to direct all the concerned to have inbuilt mechanism to control decibel level in their loudspeakers / voice amplifiers / public address system or other sound emitting gadgets used by any religious place / structure / institution, irrespective of religion. The State may also seriously consider to issue directions for calibration and/or auto-fixation of decibel limit of loudspeakers / voice amplifiers / public address system or other sound emitting gadgets used by any or all the religions in their respective places of prayers or worship.
26.1) The Respondent No.1 also to direct all the concerned Police Officers to use the decibel level measuring mobile application for checking the decibel levels. These applications are easily available on internet and would assist in monitoring the noise levels. Thus, loudspeakers and amplifiers or other equipment or gazettes which produce offending noise, one detected as violating the law or in defiance of the directions issued by the concerned Police Authorities can seize the said equipment/s under Section 70 of the Maharashtra Police Act. The Police are bound to implement Sections 38, 70, 136 and 149 of the Maharashtra Police Act, as may be required in view of the fact situation of each case.”
Quite significantly, the Division Bench directs in para 27 stipulating that, “In the case, the Petitioner lodges a complaint with the local Police Station, it will be the duty of the concerned Police Station to consider the said complaint as per the provisions of law under the Maharashtra Police Act and the Environment (Protection) Act and to forward the said complaint to the Respondent No.7. The Police may also withdraw permissions granted to the said trusts/institutions for use of loudspeakers, if repeated violation of the provisions of said Noise Pollution Rules are brought to their notice.”
Notably, the Division Bench then notes in para 28 that, “The Petitioners or such complainants of the noise pollution in the Petitioners area are entitled to file a representation with the Respondent No.2, Dy. Commissioner of Police, who will consider the representation of such concerned person and pass appropriate Orders/directions in accordance with law after notice to all concerned parties against whom allegations for making noise pollution are made.”
Finally and far most significantly, the Division Bench then concludes by holding in para 29 that, “The Respondent No.1 – The Commissioner of Police to give directions to all his subordinates and may caution the concerned persons violating the law in the following manner:-
(1) Once a citizen of any locality raises a complaint with the Police against any religious structure or otherwise causing noise pollution, the Police will without seeking / verifying identification of the person complaining thereof and if has received identification shall not disclose the identity of the complainant to the offender and to adopt following steps:-
(a) At the first instance caution the alleged offender.
(b) On a subsequent occasion, complaint/s received against same offender, the Police to impose a fine under Section 136 of the Maharashtra Police Act, on the concerned religious structure and may recover it from its Trustees and/or Manager and warn the Trustees and Manager/s with further stricter action in case of receipt of complaints in future.
(c) If any further complaint/s are received pertaining to the same religious structure on the next occasion, the Police shall adopt steps as contemplated under Section 70 of the Maharashtra Police Act, to seize the loudspeakers and/or amplifiers from the concerned religious structure and thereafter may proceed to cancel the licence issued in favour of the concern structure permitting to use loudspeakers and/or amplifiers.
(2) As noted above, the police are bound to take action under Sections 38, 70, 136 and 149 of the Maharashtra Police Act, against the violator/s of the Noise Pollution Rules, 2000 and in addition thereof, to also file complaint/s under the provisions of Environment (Protection) Act, against the Trustees or Manager/s responsible for administering or running the concerned religious place and all those persons responsible for operating the loudspeakers/amplifiers.”
(Sanjeev Sirohi is a Senior Advocate)
