The Bombay High Court has instructed the Commissioner of Police to take immediate action on complaints of noise pollution caused by religious structures. The ruling came in response to a plea filed by the Jaago Nehru Nagar Resident Welfare Association, representing residents of Nehru Nagar and Chunabhatti, who alleged police inaction on the issue.
Court Observations
In a judgment delivered by Justices Ajey Gadkari and Kamal Khata, the court emphasized that no religion mandates practices that disturb public peace. Referring to Supreme Court precedents, it stated:
“No religion prescribes that prayers should be performed by disturbing the peace of others, nor does it preach that they should be through voice amplifiers or the beating of drums.”
The court highlighted provisions under the Noise Pollution (Regulation and Control) Rules, 2000, which limit individual loudspeakers to 55 decibels (daytime) and 45 decibels (nighttime). Exceeding these levels leads to cumulative violations, causing widespread nuisance.
Steps to Address Complaints
The court outlined a three-step procedure for police to handle noise pollution complaints:
- Issue a Warning:
- At the first instance, the alleged violator must be cautioned about the noise pollution complaint.
- Impose Fines for Repeat Offenses:
- For subsequent violations, a fine under Section 136 of the Maharashtra Police Act should be imposed.
- This fine is recoverable from the trustees or managers of the religious structure.
- Seize Equipment for Persistent Violations:
- For continued non-compliance, loudspeakers and amplifiers should be confiscated under Section 70 of the Maharashtra Police Act.
- Licences for the equipment’s usage may also be revoked.
The court further instructed the police to ensure the complainant’s identity remains confidential to prevent retaliation.
Concerns Over Fine Amounts
The court noted that the fines prescribed—Rs.5,000 per day or Rs.18,25,000 annually—might not sufficiently deter repeat offenders. Citizens often raise complaints only after noise pollution becomes intolerable, underscoring the need for stricter enforcement.
Background of the Case
The petition was filed by the Jaago Nehru Nagar Resident Welfare Association, a non-profit organisation representing residents of Chunabhatti and Nehru Nagar. The association claimed that individuals frequently used loudspeakers at excessive volumes without permission, causing significant disruption throughout the day and night.
This judgment reinforces the Noise Pollution (Regulation and Control) Rules, 2000, urging the police to take proactive measures and address complaints promptly. It aims to strike a balance between religious practices and the public’s right to peace and quiet.
Stay updated on further developments regarding noise pollution control and enforcement.
