The Bombay High Court’s recent ruling on curbing noise pollution from religious places underscores the judiciary’s proactive stance on a critical public health issue. The court, responding to a petition filed by residents of two housing societies in Kurla, Mumbai, has ruled that the use of loudspeakers for the azaan (call to prayer) from nearby mosques violated the Noise Pollution (Regulation and Control) Rules, 2000.
Key Observations by the Court
- Non-Essentiality of Loudspeakers in Religion: The court emphasized that the use of loudspeakers is not an essential part of any religion. Therefore, denying their use does not infringe upon rights guaranteed under Articles 19 (freedom of speech) and 25 (freedom of religion) of the Constitution of India.
- Health Hazards of Noise Pollution: Noise was identified as a major health hazard, reinforcing the need for stricter enforcement of noise control regulations.
- Law Enforcement Accountability: The court directed the local police to take prompt action against violators, stating that permissions for loudspeakers should not be granted if they breach the Noise Pollution Rules.
Public Reaction: A Mixed Bag
The order is likely to elicit varied reactions from different quarters:
- Support from Anti-Noise Activists: Activists campaigning against noise pollution will welcome this ruling as a validation of their long-standing demand for stricter controls, including on religious institutions.
- Celebration by Right-Wing Groups: Pro-Hindutva groups may celebrate the order as a moral victory against their perceived target, Muslims, while conveniently ignoring the frequent violations of Noise Rules during Hindu festivals.
- Concerns from Religious Institutions: Some mosques may view the ruling as an infringement on their religious practices, even though the court clarified otherwise.
Implications for Law Enforcement
The onus now lies squarely on the police to implement the Noise Pollution Rules effectively:
- No Excuses: The court has made it clear that the police can no longer plead helplessness in controlling noise pollution, especially during restricted hours (10 PM to 6 AM).
- Consistency Across Religious and Cultural Events: Law enforcement must ensure unbiased enforcement of the Noise Rules, regardless of whether the source of noise is a mosque, a temple, or a festival.
Need for Public Awareness
Noise pollution is still not widely recognized as a serious health issue by the general public. Studies have shown its adverse effects on mental and physical well-being, which prompted the formulation of the Noise Pollution Rules. Public awareness campaigns are crucial to building support for stricter enforcement and compliance.
Conclusion
The Bombay High Court’s ruling is a significant step toward addressing the persistent issue of noise pollution in India. While it reaffirms the need for law enforcement to act decisively, it also highlights the balance between individual rights and public health. Effective implementation of this order will not only reduce noise pollution but also set a precedent for addressing similar issues across the country. The challenge now lies in ensuring that the police and the public embrace this responsibility.
Author: This news is edited by: Abhishek Verma, (Editor, CANON TIMES)
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