Nagpur – The Nagpur bench of the Bombay High Court has refused to grant permission to a mosque seeking to use loudspeakers for prayers, emphasizing that no religion mandates the use of voice amplifiers to practice faith. The court underscored that religious freedom does not extend to disturbing public peace or violating noise regulations.

A bench comprising Justices Anil Pansare and Raj Wakode dismissed a petition filed by Masjid Gousiya in Gondia district, which had sought the right to amplify prayers using loudspeakers. In an order dated December 1, the bench observed that the petitioner had failed to provide any evidence showing that the use of loudspeakers was essential or mandatory for practicing their religion.

Religious Practice and Public Rights

Drawing upon Supreme Court precedents, the bench noted that no religion prescribes offering prayers through voice amplifiers, drums, or other noisy instruments. “The petitioner, therefore, is not entitled to seek relief for the installation of a loudspeaker as of right. The petition is accordingly dismissed,” the court stated.

The ruling stressed that while religious practice is constitutionally protected, it cannot override the rights of other citizens to enjoy reasonable peace and quiet. This principle applies particularly to vulnerable populations, including children, the elderly, the sick, and individuals with psychological sensitivities.

Noise Pollution as a Public Health Issue

The court highlighted the recurring problem of noise pollution, noting its serious consequences on public health. Excessive noise triggers the “fight or flight” response in the human body, releasing stress hormones like cortisol. Prolonged exposure to these chemicals can lead to a range of health issues, including cardiovascular diseases, chronic fatigue, headaches, high blood pressure, mental illness, aggression, and anxiety.

The bench further pointed out that noise levels above 120 decibels can physically damage the ear, potentially causing eardrum rupture. Citing local examples, the court observed that events held in Nagpur’s Civil Lines area often violate noise regulations, including functions in event halls and religious practices like bhajans performed on loudspeakers.

Call for Government Action

While dismissing the petition, the bench took suo motu cognizance of the broader issue of noise pollution and urged the Maharashtra government to implement effective solutions. “Noise pollution is a serious threat to public health and welfare. We hope the state government will be sensitive to the issue involved, which affects public health, and will come up with an effective solution,” the court noted.

The judges emphasized that all public spaces, including religious venues and event halls, have a responsibility to adhere to noise norms. The ruling signals the court’s intention to balance the exercise of religious freedoms with the broader public interest in maintaining health and safety.

Legal and Social Implications

This decision reiterates a long-standing principle in Indian jurisprudence: constitutional rights, including the freedom of religion, are not absolute and must be exercised without infringing on the rights and well-being of others. By reinforcing the public health implications of noise pollution, the court has set a clear precedent for similar cases across the state and the country.

For residents and authorities alike, the judgment serves as a reminder of the importance of compliance with noise regulations, particularly in densely populated areas and during religious or cultural events. It also highlights the growing recognition of environmental and public health considerations in judicial decisions, reflecting a broader trend of integrating welfare concerns with fundamental rights.

Conclusion

While Masjid Gousiya’s plea was dismissed, the ruling has broader ramifications for religious institutions, event organizers, and local authorities. It underscores that the enjoyment of religious practices must be balanced with the protection of public health and citizens’ right to peace. The court’s observations on noise pollution, its health impacts, and the need for proactive government intervention are likely to influence policy and regulatory measures in Maharashtra and beyond.

---