Practising Religion Doesn’t Require Loudspeakers: Bombay HC

Practising Religion Doesn’t Require Loudspeakers: Bombay HC (image: canva)

The Bombay High Court’s Nagpur bench has ruled that loudspeakers are not essential for practising any religion, reaffirming that public peace must be protected. Citing a Supreme Court order, the court said no faith instructs devotees to offer prayers by disturbing others through noise-polluting devices. The observation came while hearing a petition related to the use of loudspeakers at a mosque in Maharashtra.

HC Rejects Plea for Loudspeaker Permission

The petition was filed by Masjid-e-Gausia in Gondia district seeking approval to install loudspeakers. The bench dismissed the plea, stressing that Article 21 of the Constitution guarantees life with dignity, which includes the right to live in a peaceful environment.

The court stated that religious rights cannot override the rights of citizens to peace, adding that the use of loudspeakers is a matter of regulation, not religious compulsion.

Supreme Court’s Stand on Noise and Loudspeakers

The Supreme Court’s 2005 order was also highlighted. In July 2005, the apex court banned the use of loudspeakers and music systems between 10 pm and 6 am at public places due to the harmful impact of noise pollution on health.

However, in October 2005, the order was partially relaxed after states pointed out the provisions under the Noise Pollution (Control and Regulation) Rules, 2000. Following this, the Supreme Court allowed the use of loudspeakers till midnight for 15 days a year during festivals.

Right to Pray vs. Right to Peace

The High Court underlined that while the Constitution protects the freedom to practise religion, these rights must be balanced with public peace, health and safety. It added that prayer can be performed without devices that disturb the community. The petition in the case was filed by Syed Iqbal Ali.