Bombay High Court Orders Police to Tackle Noise Pollution by Religious Structures

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Mumbai: The Bombay High Court has directed the Commissioner of Police to take immediate action against noise pollution complaints originating from religious structures in Mumbai. The court issued this directive following a petition filed by residents of Nehru Nagar and Chunabhatti. Justices Ajey Gadkari and Kamal Khata underscored the need for swift intervention in cases of noise pollution violations.

The court emphasized that no religion mandates the disruption of public peace through excessive noise, highlighting that prayers should not be conducted in a manner that disturbs others. Citing precedents from the Supreme Court, the judges stated that no religious practice prescribes the use of loudspeakers or drumbeats to conduct prayers in a way that affects public tranquility.

According to the Noise Pollution (Regulation and Control) Rules of 2000, the court noted that loudspeakers should not exceed noise levels of 55 decibels during the day and 45 decibels at night. Many religious establishments have been found violating these limits, contributing to public disturbances.

In its judgment, the court outlined a three-step approach for the police to follow when dealing with noise complaints against religious structures:

  1. First warning: The initial step should involve cautioning the offender without imposing immediate penalties.
  2. Imposition of fines: For repeat violations, the police are directed to impose fines under Section 136 of the Maharashtra Police Act. These fines are to be levied on the religious establishment and may be recovered from its trustees or managers. The court also emphasized that offenders should be warned of more severe consequences for future infractions.
  3. Seizure of equipment: In cases of persistent violations, the police are authorized to confiscate the loudspeakers and amplifiers of the offending religious structures, and revoke any licenses for using such equipment under Section 70 of the Maharashtra Police Act.

The court stressed the importance of protecting the identity of complainants, acknowledging that the fines prescribed under the current rules—ranging from ₹5,000 per day to ₹18,25,000 for a year—may not sufficiently deter repeated violations. The judges pointed out that residents often wait until the noise becomes unbearable before filing complaints, which underscores the need for more proactive enforcement.

The case was brought before the court by the Jaago Nehru Nagar Resident Welfare Association, a non-profit organization representing residents in the affected areas. The association had sought judicial intervention after facing inaction from the police regarding loudspeakers used at high volumes, often without permission, causing disruption both day and night.

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