Noise Is A Major Health Hazard; Use Of Loudspeakers Not An Essential Part Of Any Religion: Bombay High Court
The Bombay High Court was hearing a Criminal Writ Petition seeking direction to the authorities against the usage of loudspeakers on a high volume without permission.

The Bombay High Court observed that the noise is a major health hazard and use of loudspeakers is not an essential part of any religion.
The Court observed thus in a Criminal Writ Petition seeking direction to the authorities to register the FIR against the offenders for using loudspeakers on a high volume without permission.
A Division Bench comprising Justice A.S. Gadkari and Justice Shyam C. Chandak remarked, “Noise is a major health hazard on various aspects. No one can claim that his rights are affected in any manner if he is denied a permission to use loudspeaker. It is in public interest that such permissions should not be granted. By denying such permissions, rights under Article 19 or 25 of the Constitution of India are not at all infringed. Use of loudspeakers is not an essential part of any religion.”
The Bench said that Mumbai is a cosmopolitan City and there are persons of different religions in every part of the city and the very fact that the Petitioners filed the Petition to direct the State authorities to implement the Orders of the Apex Court as well as several Orders of the High Court would evince that, there has been a deliberate violation of the Orders.
Advocate Kaushik Mhatre appeared for the Petitioners while APP J.P. Yagnik and Advocate Sachindra B. Shetye appeared for the Respondents.
Brief Facts
This Petitioners were the associations who sought direction to the Respondents to register FIR against the offenders for using loudspeakers on a high volume without permission, violating the Noise Pollution (Regulation and Control) Rules, 2000 (Noise Pollution Rules) and the provisions of the Environment (Protection) Act, 1986 (EP Act) and the other relevant laws thereof. The Petitioners were suffering from the noise pollution being created by the concerned violators by using loudspeakers on a high volume without legal permission from the authorities and also due to the casual approach and inaction on the part of the Police Department, ignoring the Rules and law of the land and in carrying out their duties. Hence, they were before the High Court for enforcing their fundamental and legal rights as the residents living in a particular area since the Respondents failed to protect their fundamental rights guaranteed under the Constitution of India to its citizens.
As per the Petitioners’ case, the peace and tranquility in their locality were being constantly disturbed through the use of microphones and loudspeakers to recite ‘Azaan’ and other religious discourses by the offenders on a daily basis. It was claimed that there are many Masjids and Madrasas situated within the jurisdiction of Chunabhatti and Nehru Nagar, Kurla (East) Police Stations which have fixed with/placed loudspeakers, microphones and/or amplifiers and the sound created therefrom was unbearable as the decibel level of the said sound was not only excessive but beyond the permissible decibel limits under the law. It was further alleged that the said loudspeakers are being used in the early morning hours i.e. as early as 5:00 a.m. as well as till the midnight and many a times even past midnight.
Reasoning
The High Court in view of the submissions made by the Petitioners, noted, “According to us, it is the bounden duty of the Respondent Nos.1 to 6 that, they must and should enforce the law by adopting all the necessary measures, as may be prescribed by the provisions of law. In a democratic State, there cannot be a situation that, a person / group of persons/ association of persons would say that, it will not follow or adhere to the law of the land and the law enforcers would be meek or silent spectators to it.”
The Court emphasised that the limit of 55 or 45 decibels is a cumulative limit of all the loudspeakers/voice amplifiers/public address systems or other sound emitting gadgets.
“… if one or more number of religious places are using loudspeakers or public address systems, it is not the individual ambient air quality limit of 55 decibels or 45 decibels, but it is in all the cumulative sound level of all the loudspeakers / voice amplifiers / public address system or other sound emitting gadgets, which are in use at one point of time”, it added.
The Court further observed that the Police under the Mumbai Police Act are having powers under Sections 38, 70, 136 & 149 of the Maharashtra Police Act and it is necessary for the Respondents-Police Authorities to use it for proper implementation of the Environment (Protection) Act and the Noise Pollution Rules, 2000.
“In our view under Section 136 of the Mumbai Police Act, an imposition of fine of Rs.5,000/- a day or Rs.18,25,000/- for 365 days and payment thereof may perhaps not be a deterrent for those blatantly violating the said laws of the land. The violators do it as a matter of right and the complainants, often individuals are hapless and helpless victims of these obnoxious use of loudspeakers and/or amplifiers”, it remarked.
The Court was of the view that generally people/citizens do not complain about the things until it becomes intolerable and a nuisance.
“… without requiring identification of the complainant, the Police Authorities must act on such complaints, more so to avoid such complainants being targets or ill will and developing hatred”, it also said.
The Court, therefore, directed the State to consider to direct all the concerned to have inbuilt mechanism to control decibel level in their loudspeakers / voice amplifiers / public address system or other sound emitting gadgets used by any religious place / structure / institution, irrespective of religion. It added that the State may also seriously consider to issue directions for calibration and/or auto-fixation of decibel limit of loudspeakers / voice amplifiers / public address system or other sound emitting gadgets used by any or all the religions in their respective places of prayers or worship.
“The Respondent No.1 also to direct all the concerned Police Officers to use the decibel level measuring mobile application for checking the decibel levels. These applications are easily available on internet and would assist in monitoring the noise levels. Thus, loudspeakers and amplifiers or other equipment or gazettes which produce offending noise, one detected as violating the law or in defiance of the directions issued by the concerned Police Authorities can seize the said equipment/s under Section 70 of the Maharashtra Police Act. The Police are bound to implement Sections 38, 70, 136 and 149 of the Maharashtra Police Act, as may be required in view of the fact situation of each case”, it further ordered.
Accordingly, the High Court partly allowed the Petition and issued necessary directions.
Cause Title- Jaago Nehru Nagar Residents Welfare Association & Anr. v. The Commissioner of Police & Ors. (Neutral Citation: 2025:BHC-AS:3288-DB)
Appearance:
Petitioners: Advocates Kaushik Mhatre, Chinmay Jawale, and Reena Rechards.
Respondents: APP J.P. Yagnik and Advocate Sachindra B. Shetye.