Mumbai Noise Pollution: Bombay HC Issues Orders To Curb Loudspeakers; See The Action Plan Inside

The Bombay High Court on Thursday directed the Commissioner of Police to take prompt action on complaints regarding noise pollution caused by religious structures, according to a Hindustan Times (HT) report. The court emphasised the need to strictly enforce noise pollution norms, referencing rulings by the Supreme Court.

A division bench comprising Justice Ajey Gadkari and Justice Kamal Khata issued these directives while delivering a judgment on a plea filed by residents from certain areas. The bench highlighted that the Supreme Court has clarified that no religion mandates prayers in a manner that disturbs others, nor does it advocate the use of loudspeakers or drums to perform prayers.

The court referred to the Noise Pollution (Regulation and Control) Rules, 2000, which stipulate permissible noise levels. It pointed out that individuals or establishments are not allowed to exceed noise levels of 55 decibels during the day or 45 decibels at night. It was stressed that these limits must be adhered to, even when amplified sound sources are used.

Action Plan For Police

The court outlined a three-step process for police to follow when acting on noise pollution complaints:

1. First Warning: Issue a caution to the offending religious structure.
2. Impose Fine: If repeated complaints are received against the same structure, the police should impose fines under Section 136 of the Maharashtra Police Act. These fines will be recovered from the trustees or managers of the structure, along with a warning of stricter action for future violations.
3. Seizure and Licence Cancellation: For further violations, the police must seize the loudspeakers or amplifiers under Section 70 of the Maharashtra Police Act. They may also proceed to cancel the structure's licence to use such equipment.

Protection For Complainants

The court underscored the importance of safeguarding the identity of complainants. It directed the police not to disclose the name of the individual raising the complaint to the offending party.

The bench also observed that the fines prescribed under the current rules, such as Rs 5,000 per day or Rs 18,25,000 annually, may not serve as a strong deterrent for habitual violators. It stressed the need for robust enforcement to ensure compliance with noise pollution regulations.

This ruling comes as a significant step towards maintaining peace and reducing noise pollution, ensuring that religious practices do not infringe upon the rights of others to a peaceful environment.