desk
Share
While giving its verdict on a petition, the Bombay High Court has said that the use of loudspeakers is not an essential part of any religion. Not allowing its use does not violate anyone's fundamental rights.
This decision of the High Court has come on the petitions filed by two housing societies of Mumbai - Jago Nehru Nagar Resident Welfare Association and Shivsrishti Cooperative Housing Society.
Violation of environmental law
Both the societies had filed a PIL in the Bombay High Court alleging that the police were not taking any action against the noise pollution caused by loudspeakers installed on mosques in the area. The use of loudspeakers for religious purposes including azaan disturbs the peace. This violates the provisions of the Noise Pollution (Regulation and Control) Rules, 2000 as well as the Environment (Protection) Act, 1986.
Police is not taking any action: Petitioner
The petitioners had said that despite complaining at many levels, the police was not taking any action, so they had to approach the High Court. While giving the verdict on these petitions, the bench of Justice Ajay Gadkari and Justice Shyam Chandak said that noise is a big threat to health.
No one can claim that his rights are in any way affected by not allowing the use of loudspeakers. Refusal to grant such permission does not violate rights under Article 19 or 25 of the Constitution of India. The use of loudspeakers is not an essential part of any religion. Therefore, it is in the public interest that such permission should not be granted.
First explain...second time confiscate the speaker
Let us tell you that the court has expressed its inability to give instructions to register FIR against the institutions using loudspeakers. But it has instructed the Police Commissioner to first explain on receiving a complaint of noise from loudspeakers. In case of second violation, the speaker should be confiscated.
officers enforce the law
The court has said that it is the duty of the state government and other authorities to implement the law by taking all necessary measures under the provisions of the law. The judgment clearly states that in a democratic state, such a situation cannot arise that a person or a group of persons or an organization says that it will not follow the law of the country and the law enforcement officers remain silent spectators.
The court determined the noise level
The High Court has said that we take judicial cognizance of the fact that people usually do not complain about something until it becomes unbearable and causes trouble. The court reminded the authorities that the sound level in residential areas should not exceed 55 decibels during the day and 45 decibels at night.
Police should keep the identity of the complainant confidential
The court has also instructed the police that action should be taken without asking for the identity of the complainant. So that such complainants can be saved from being targeted, malice and hatred. Let us tell you that in the past, political parties like BJP and Maharashtra Navnirman Sena have been running campaigns regarding loudspeakers installed on mosques. Now this decision of the Bombay High Court can start a new debate regarding the use of loudspeakers at religious places.
Read More: Was a third vehicle involved? Police suspect this in the Kurnool bus fire incident.
--Advertisement--
