Bombay High Court Orders Maharashtra to Regulate Loudspeaker Volume in Religious Places to Curb Noise Pollution

Loudspeakers have been widely used in religious practices to amplify voices during gatherings and ceremonies. However, their use has led to debates about noise pollution and its impact on communities. The Bombay High Court recently ruled that using loudspeakers is not an essential part of any religion and instructed the Maharashtra government to regulate their volume. It also ordered the Mumbai Police to take strict action against violators and suggested setting automatic volume limits for loudspeakers in places of worship and public institutions.

Petition from Residents

This ruling came in response to a petition filed by residents of Nehru Nagar, Kurla (East), and Chunabhatti. The petitioners claimed that the police failed to address complaints about loudspeakers used by religious establishments, such as mosques, during prohibited hours and above allowed noise levels. They highlighted health issues and the violation of their right to personal liberty caused by excessive noise.

The petition referred to a 2016 High Court ruling that emphasized strict enforcement of the Noise Pollution (Regulation and Control) Rules, 2000. At that time, the court stated that loudspeakers are not protected under Article 25 (freedom of religion) of the Constitution because they are not essential to any religion.

Court Observations

A bench comprising Justices Ajey S Gadkari and Shyam C Chandak noted that Mumbai is a diverse city where people of different religions live side by side. The court pointed out that noise pollution is a serious health issue and stated, “No one can claim their rights are violated if they are denied permission to use a loudspeaker.” It stressed that police and government authorities must enforce the law without being passive observers.

Residents’ Complaints

Represented by advocates Kaushik Mhatre, Chinmay Jawale, and Reena Richards, the petitioners said they had complained to local police about noise pollution from mosques and madrasas, especially around 5 am. They also noted that loudspeakers are used until late hours during festivals. Despite multiple complaints, police failed to act, forcing residents to approach the High Court.

The plea sought legal action against violators of the Noise Pollution Rules and the Protection of Environment Act. It also requested action against the local police and senior officers for neglecting their duties.

Noise Pollution Violations

According to regulations, the maximum permissible noise level in residential areas is 55 decibels during the day and 45 decibels at night. However, a 2023 report from the Deputy Commissioner of Police revealed that noise levels at the two mosques in question exceeded 80 decibels.

The court emphasized that noise from all loudspeakers in an area should be considered collectively, not just individually, to ensure compliance with the law.

Court Directions

The High Court instructed the Mumbai Police Commissioner to ensure that officers use decibel-measuring apps to monitor noise levels. Police were also directed to seize loudspeakers and other equipment violating the law. To protect complainants, the court stressed the importance of keeping their identities confidential to prevent retaliation.

Initially, offenders can be warned, but repeated violations can lead to fines under the Maharashtra Police Act. If violations continue, police are authorized to seize loudspeakers and cancel the licenses of organizations using them. This ensures that noise pollution laws are strictly enforced to protect public health and community well-being.