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Bombay HC directs police to act against noise pollution violations by religious structures

Jan 24, 2025 11:07 AM IST

The court emphasised that complaints regarding violations of noise pollution norms must be addressed promptly.

Mumbai: The Bombay High Court has directed the Commissioner of Police to take action on complaints of noise pollution caused by religious structures. A bench comprising justices Ajey Gadkari and Kamal Khata issued the directives while delivering a judgment in response to a plea by residents of Nehru Nagar and Chunabhatti.

Mumbai: The Bombay High Court has directed the Commissioner of Police to take action on complaints of noise pollution caused by religious structures. (Source: pexels.com)
Mumbai: The Bombay High Court has directed the Commissioner of Police to take action on complaints of noise pollution caused by religious structures. (Source: pexels.com)

The court emphasised that complaints regarding violations of noise pollution norms must be addressed promptly.

Citing Supreme Court precedents, the court underscored that no religion mandates prayers to be conducted in a manner that disturbs public peace. 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 further observed that under the Noise Pollution (Regulation and Control) Rules, 2000, it is unlawful for individual loudspeakers to exceed prescribed noise levels of 55 or 45 decibels, leading to cumulative violations in many cases.

In its judgment, the court outlined the steps the police must take upon receiving a noise pollution complaint against a religious structure:

1. Issue a warning: At the first instance, the alleged offender must be cautioned.

2. Impose fines for repeated violations: On subsequent complaints regarding the same offender, the police must levy a fine under Section 136 of the Maharashtra Police Act. This fine is to be imposed on the concerned religious structure and may be recovered from its trustees and/or managers. Additionally, a warning should be issued about stricter actions in case of future complaints.

3. Seize equipment for persistent violations: If further complaints are received, the police are to act under Section 70 of the Maharashtra Police Act by confiscating the loudspeakers and amplifiers of the concerned religious structure. They may also proceed to cancel any licence permitting the use of such equipment.

The court emphasised that the identity of the complainant must remain confidential. It also noted that the fines prescribed by the rules— 5,000 per day or 18,25,000 for an entire year—may not act as a sufficient deterrent against repeated violations. The judges remarked that citizens often raise complaints only after the noise pollution becomes intolerable and a public nuisance.

The case was brought to the court by Jaago Nehru Nagar Resident Welfare Association, a non-profit organisation representing residents in Chunabhatti and Nehru Nagar. The association approached the High Court after alleging police inaction against individuals who used loudspeakers at excessive volumes, often without permission, throughout the day and night.

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