The Nagpur bench of the Bombay High Court has refused to grant relief to a mosque seeking permission to use loudspeakers for prayers, ruling that the device cannot be claimed as a matter of religious right.
Relying on earlier Supreme Court judgments, a bench of Justices Anil Pansare and Raj Wakode said that no religion mandates prayers through amplifiers or drums. The court said it was taking suo motu cognisance of recurring noise-pollution issues and asked the Maharashtra government to propose an effective framework.
In its order dated December 1, the court dismissed a petition by Masjid Gousiya in Gondia district, which had sought permission to install and use loudspeakers. The bench noted that the petitioner had not produced any material showing that loudspeakers were “mandatory/necessary” for practising its faith.
“The petitioner, therefore, is not entitled to seek relief for the installation of a loudspeaker, as of right. The petition is accordingly dismissed,” the bench said.
Citing Supreme Court rulings, the judges reiterated that no religion requires practices that disturb others’ peace.
They also underscored the importance of protecting the rights of other citizens, “particularly those who are of tender age and those who are aged, sick, and people afflicted with psychic disturbances.”
The bench, however, noted that the issue of noise pollution was recurring.
"Noise pollution is a serious threat to public health and welfare. It causes 'fight or flight' syndrome, releasing cortisol and other harmful chemicals into the bloodstream," the court said.
Over time, these chemicals build up in the body, leading to a host of health problems, including cardiovascular disease, aggression, chronic fatigue, headaches, high blood pressure, mental illness and anxiety, it added.
The court said that noise pollution can cause hearing damage, and if it exceeds 120 decibels, it can cause eardrum rupture.
The bench also highlighted functions and other festivities celebrated in the event halls at Civil Lines in Nagpur during which the noise pollution rules are violated.
"In our view, while permitting various celebrations, these venues should take responsibility for ensuring adherence to the rules," it said.
The court also pointed out several religious places where 'bhajans' are performed on loudspeakers in complete violation of the rules.
"We hope the state government will be sensitive to the issue involved, which affects public health, and will come up with an effective solution," it said.