Using Loudspeakers is not an Essential Religious Practice

Loudspeaker use is not an essential religious practice

Using loudspeakers, for prayers or for reciting religious discourses, is not an essential part of any religion. Therefore, the Bombay High Court, in Jaago Nehru Nagar Residents Welfare Association v Commissioner of Police [2025:BHC-AS:3288-DB], ordered the Mumbai Police to strictly implement the Noise Pollution Rules, 2000 and ensure that no religious place creates noise pollution by using loudspeakers.

Police have power to take action on violations

The High Court held that the Mumbai Police has powers to take strict action against such noise polluters and therefore, issued guidelines on how the police should go about, upon receiving a complaint pertaining to noise pollution due to some religious place.

High Court guidelines on taking action

The guidelines of the Bombay High Court are as follows:

Once a citizen of any locality raises a complaint with the Police against any religious structure or otherwise causing noise pollution, the Police will without seeking / verifying identification of the person complaining thereof and if has received identification shall not disclose the identity of the complainant to the offender and to adopt following steps: –

  1. At the first instance caution the alleged offender.
  2. On a subsequent occasion, complaint/s received against same offender, the Police to impose a fine under Section 136 of the Maharashtra Police Act, on the concerned religious structure and may recover it from its Trustees and/or Manager and warn the Trustees and Manager/s with further stricter action in case of receipt of complaints in future.
  3. If any further complaint/s are received pertaining to the same religious structure on the next occasion, the Police shall adopt steps as contemplated under Section 70 of the Maharashtra Police Act, to seize the loudspeakers and/or amplifiers from the concerned religious structure and thereafter may proceed to cancel the licence issued in favour of the concern structure permitting to use loudspeakers and/or amplifiers.

Court says it is the duty of the police to control

The HC held that it is the bounden duty of the Police authorities that, they must and should enforce the law by adopting all the necessary measures, as may be prescribed by the provisions of law. In a democratic State, there cannot be a situation that, a person / group of persons/ doc association of persons would say that, it will not follow or adhere to the law of the land and the law enforcers would be meek or silent spectators to it.

The court noted that the Noise Pollution Rules permit only 55 decibels during the day and 45 decibels during the night.

References

  1. Jaago Nehru Nagar Residents Welfare Association v Commissioner of Police [2025: BHC-AS:3288-DB]
  2. The Noise Pollution (Regulation and Control) Rules, 2000
  3. Noise pollution: Law relating to it