Use Of Loudspeakers Not ‘Essential Part Of Religion’

Recently, the Bombay High Court directed the Maharashtra government to have an in-built mechanism to control decibel levels in loudspeakers, public address system (PAS) or any other sound-emitting gadgets used at places of worship, or institutions, irrespective of religion.

Bombay HC judgement

Bombay HC ruled that the use of loudspeakers is not an essential part of any religion.
Directed Maharashtra government and Mumbai Police to enforce noise pollution rules strictly.
Suggested calibration and auto-fixation of decibel limits for loudspeakers and public address systems (PAS).

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Essentiality Test in Religious Practice

Origin of the Doctrine: Introduced by a 7-judge Bench of the Supreme Court in the Shirur Mutt case (1954).
- The court held that the term “religion” under Article 25 (freedom of religion) includes all rituals and practices integral to a religion.
- The judiciary assumed the responsibility of determining essential and non-essential practices of a religion.
Key Features of the Essentiality Test:
- Purpose: To protect only those religious practices that are essential and integral to a religion.
- Judicial Role: Courts examine whether a practice is:
  - Rooted in religious texts.
  - Historically integral to the religion.
  - Practiced by the majority of followers.
Examples:
- In the Sabarimala case, the Supreme Court examined whether the exclusion of women of menstruating age was an essential practice of Hinduism.
- In the Ayodhya case (1994), the court ruled that a mosque is not an essential part of Islam, as namaz can be offered anywhere.

Judicial Observations

Health Hazards: Noise pollution is a major health hazard, affecting mental and physical well-being.
Fundamental Rights vs. Public Interest: Courts have balanced religious freedom (Article 25) with public health and order.
- Use of loudspeakers is not an essential religious practice.
Enforcement Challenges: Police and authorities often fail to enforce noise pollution rules due to political or communal pressures.
- Courts have emphasized the need for strict implementation and accountability.

Key Directives

In-built mechanism to control decibel levels at places of worship and institutions.
- Carry out “calibration or auto-fixation” of the decibel limit in these speakers
Police to use decibel-measuring apps and seize equipment violating noise limits.
Protection for complainants: Identity should not be disclosed to avoid retaliation.
Four-step graded penalty system:
- First Violation: Police to issue a caution to the offender.
- Repeat Violation: Impose fines on the concerned trusts or organizations.
  - Issue a warning of strict action for further violations.
- Continued Violations: Police to seize loudspeakers or sound-emitting equipment.
- Persistent Non-Compliance: Cancel the license for using loudspeakers.
  - Initiate a complaint against the offenders under relevant laws.

2016 Bombay HC judgment:

The use of loudspeakers could not be claimed as a fundamental right under Article 25 (freedom of religion) and Article 19(1)(a) (freedom of speech and expression) of the Constitution.
Directives for the strict implementation of Noise Pollution (Regulations and Control) Rules, 2000.
Prohibited loudspeakers in Silence Zones.

Supreme Court Rulings:

July 2005: Banned the use of loudspeakers and music systems between 10 PM to 6 AM at public places (except in emergencies).
- Cited health hazards caused by noise pollution.
October 2005: Allowed relaxation of noise norms for 15 days a year during festivals, permitting loudspeakers till midnight.
- States cannot delegate the power to relax noise norms to other authorities.

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About Noise Pollution

According to the Central Pollution Control Board (CPCB), noise pollution is defined as “unwanted sound”.
It is considered an air pollutant under the Air (Prevention and Control of Pollution) Act, 1981.
It is regulated by the “Noise Pollution (Regulation and Control) Rules, 2000” under the Environment (Protection) Act, 1986
Noise Pollution Norms:
- Residential areas:
  - Daytime (6 am to 10 pm): Maximum of 55 decibels.
  - Nighttime (10 pm to 6 am): Maximum of 45 decibels.
- Silence Zones: Areas near hospitals, schools, and courts where loudspeakers are prohibited.

loudspeakers

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