Seize loudspeakers in persistent cases of noise pollution: HC to police

MUMBAI: The Bombay high court on Thursday issued directions to the commissioner of police to act on complaints of violation of noise pollution norms by religious structures. A bench comprising justice Ajey Gadkari and justice Kamal Khata, while pronouncing a judgment in a plea by residents of certain areas, directed the police to act promptly against complaints of violation of noise pollution norms, citing Supreme Court rulings.

The court noted that the apex court had held that no religion prescribes that prayers should be performed by disturbing the peace of others nor preaches that prayers should be done through voice-amplifiers or beating of drums.

Observing that the law does not permit an individual loudspeaker to emit 55 or 45 decibels of noise aggregating to more than what is prescribed under the Noise Pollution Rules, 2000, the court directed that once a citizen of any locality raises a complaint with the police against any religious structure causing noise pollution, the police, without seeking or verifying the identification of the person, must take action.

The court outlined three steps to follow while acting on the complaint. First, caution the alleged offender; second, if complaint received against same offender, a fine under Section 136 of the Maharashtra Police Act should be imposed on the concerned religious structure, which may be recovered from the trustees or manager, warning them with stricter action in case of receipt of complaints in future; third, If any further complaint is received pertaining to the same religious structure, the police shall adopt steps as contemplated under Section 70 of the Maharashtra Police Act and seize the loudspeakers or amplifiers from the concerned religious structure and, thereafter, may proceed to cancel the licence permitting the structure to use loudspeakers or amplifiers.

The court also observed that the police must not disclose the name of the complainant to the violator and noted that an imposition of fine of ₹5,000 a day or ₹18,25,000 for 365 days, which is contemplated by the rules, may perhaps not be a deterrent for those who blatantly violate the laws of the land.