Delhi HC refuses to entertain plea seeking ban on loudspeakers atop religious structures

The Delhi High Court has refused to entertain a plea seeking a ban on loudspeakers atop religious structures in the city, saying there are enough rules, regulations and standards in existence for controlling noise pollution. A bench of Chief Justice D N Patel and Justice C Hari Shankar also noted that the government is giving advertisement for sensitising people about noise pollution due to loud speakers, amplified music systems.

"It further appears from the facts of the case that there is the Noise Pollution (Regulation and Control) Rules, 2000, under which the standards of noise have been prescribed. Moreover, a standing order and a circular has been published by the respondent in respect of control of noise pollution. This standing order and circular are under the provisions of the Environment (Protection) Act, 1986. Moreover, the use of loudspeakers and amplified music systems is permissible only up to 10 pm as per the Noise Pollution (Regulation and Control) Rules, 2000, the high court said while disposing the PIL.

"Thus, looking to the steps already taken by the respondent in pursuance of the aforesaid Rules and Act, we see no reason to give further guidance to the respondent and it is expected from the respondent that it shall abide by the provisions of the law, rules, regulations and the circulars issued by the respondent," the bench said. The high court was hearing a petition filed by advocate Sanjiv Kumar seeking a ban on loudspeakers atop any religious structures in the national capital.

It said banning of loudspeakers will not violate Article 25 or 26 (Articles on Freedom of Religion) of the Constitution. The plea said loudspeakers were never part of any religion whether Hinduism, Jainism, Buddhism, Christianity, Islam, Sikhism or Zoroastrianism as the device came into existence only in 1924.

The petition also said use of loudspeakers takes away the right of citizens to speak with others, their right to read or think or the right to sleep. The plea has sought directions to authorities to remove loudspeakers atop any religious structures, saying they violated citizens' rights, including those of minors and elderly people.