Bombay HC Rules Loudspeakers Not Essential to Religious Practice, Enforces Strict Noise Pollution Regulations
(Source – Indian Express, Section – Explained – Page No. – 16)
| Topic: GS2 – Polity |
| Context |
| ● The Bombay High Court held that the denial of permission to use loudspeakers does not violate an individual’s right to practice religion, as the use of loudspeakers is not an essential religious practice protected under the Constitution. |
Analysis of the news:
Noise Pollution Laws and Observations
- The Noise Pollution (Regulation and Control) Rules, 2000, mandate noise levels in residential areas to remain within 55 decibels during the day and 45 decibels at night.
- The HC observed that cumulative sound levels of multiple loudspeakers in an area should be considered when evaluating compliance, emphasizing the need for strict enforcement of noise pollution laws.
Directions Issued by the HC
- The court directed the government and police to enforce noise pollution regulations uniformly, ensuring anonymity for complainants to protect them from retaliation.
- It recommended an inbuilt mechanism, such as automatic decibel calibration in loudspeakers, and suggested using mobile applications to measure noise levels.
Graded Penalty System for Violations
The HC prescribed a four-step graded penalty system:
- First Offense: Issuance of a caution.
- Repeat Offense: Imposition of fines on trusts or organizations.
- Further Violations: Seizure of loudspeakers.
- Persistent Violations: License cancellation and legal action.
Reference to Previous Rulings
- The HC referred to its 2016 judgment in Mahesh Vijay Bedekar v. Maharashtra, which affirmed that loudspeakers are not integral to any religion.
- The 2016 ruling prohibited loudspeakers between 10 PM and 6 AM and upheld noise restrictions in silence zones, allowing limited exemptions for cultural or religious occasions.
Ensuring Compliance and Balanced Implementation
- The court emphasized the state’s role in creating systems to regulate noise levels, balancing individual rights with public welfare.
- By implementing these measures, authorities can ensure adherence to constitutional provisions while safeguarding citizens’ rights to a peaceful environment.
| Practice Question: Examine the Bombay High Court’s ruling on the use of loudspeakers at religious places in the context of noise pollution regulations. How does this align with constitutional principles of freedom of religion and public order? (150 Words /10 marks) |
For more such UPSC related Current Affairs, Check Out –Trump’s Tariff Strategy: Implications for Global Trade and India’s Preparedness in a Shifting Landscape
