The Bombay High Court, in a significant ruling on Thursday, declared that the use of loudspeakers is not an essential practice of any religion. The court emphasized that police, under the Mumbai and Maharashtra Police Act, are empowered and obligated to ensure proper enforcement of the Environment (Protection) Act and Noise Pollution Rules at places of worship.

The bench of Justices A.S. Gadkari and S.C. Chandak directed the Maharashtra government to instruct all concerned religious institutions to incorporate mechanisms that regulate decibel levels in their public address systems and sound-emitting devices, irrespective of the religion.

The court observed that most people refrain from filing complaints until the noise becomes unbearable. To address this, the bench suggested that the police act on complaints without requiring complainants to disclose their identities, to prevent any potential ill will or harassment.

Additionally, the court urged the Maharashtra government to direct police to use decibel-measuring mobile applications to monitor noise levels. Policemen were reminded of their duty to address complaints promptly and warned that permissions for loudspeaker usage could be revoked if violations of the Noise Pollution Rules persist.

Case Background

The court was hearing a petition filed by the Jaago Nehru Nagar Residents Welfare Association, represented by Advocate Kaushik Mhatre. The petitioners raised concerns about loudspeakers installed at several masjids and madrasas in Chunabhatti and Nehru Nagar, Kurla (East). The association claimed that these loudspeakers were being used during prohibited hours, such as 5:00 a.m., and often operated until 1:30 a.m. during festivals, exceeding permissible noise limits.

Mhatre further alleged that despite repeated violations, the local police in Chunabhatti and Nehru Nagar failed to take necessary action to address the noise pollution.

The court noted that Mumbai is a cosmopolitan city where people of all religions coexist. It pointed out that the petitioners had to approach the court because of the deliberate non-compliance with Supreme Court orders and prior directives of the Bombay High Court.

The court’s decision reinforces the importance of adhering to noise pollution norms and ensures that citizens’ rights to a peaceful environment are upheld, regardless of religious practices.