Maharashtra State Human Rights Commission (MSHRC) has taken into account a complaint highlighting violations by mosques regarding the use of loudspeakers filed by Advocate Kaushik Mhatre on behalf of a citizen.
MSHRC hearing of the case
A hearing was conducted on the matter on May 29 by MSHRC Chairperson Justice KK Tated in the presence of Adv. Mhatre, his client, the Home Department’s Additional Chief Secretary, and Zone 6’s Deputy Commissioner of Police (DCP). In his initial remarks, the Chairperson noted that the police’s report and submission indicate that they do not want to follow noise pollution rules.
Furthermore, it was noted that the police failed to act on the numerous complaints lodged against the violation of judicial orders on loudspeakers by the masjid in Chunabhatti. Justice Tated remarked that despite the police having the authority to initiate action, they neglected their duty and only requested the masjid committee to ‘take precautions’. He directed the Additional Chief Secretary to hold a fact-finding inquiry and file the reply in an affidavit on or before the next hearing.
RTI (Right to Information) application revealed that Jamiat Al Qureshi, Noor and Noorie Masjid located in Chunabhatti’s Qureshi Nagar never applied for permission to use loudspeakers in their mosques. Furthermore, the reply dated 20 November 2020 also says that Chunabhatti police have not granted permission to any person or committee of the two masjids to install loudspeakers.
Advocate Mhatre highlighted that his client’s letter to Chunabhatti police on 23 February last year requested them to initiate action against the masjids for violating Bombay High Court and Supreme Court orders in this regard.
It has further come to light that the police failed to act against several violators. The Commission’s order on 23 November last year noted that the police station in question was accepting undated applications and granting permission for the entire year without following due rules and regulations.
Court orders on loudspeakers in mosques
“We hold that all places of worship of all religions are bound by the provisions of the Noise Pollution Rules and no religion or sect can claim the fundamental right of using loudspeakers or public address systems or instruments creating noise as a part of the right conferred by Articles 19(1)(a) and 25 of the Constitution of India”, says one of the observations made by the Bombay HC in the matter of Mahesh Vijay Bedekar Vs State of Maharashtra and others.
The judgment makes it clear that every place of worship must seek permission to use loudspeakers or public address systems under Rule 5’s sub-rule (1). “Needless to add that in case of a place of worship is in a silence zone, the law laid down by this Court which is applicable to silence zones shall squarely apply to such places”, the HC said. The court emphasized that a breach of noise pollution rules amounted to an infringement of the fundamental rights of citizens under Article 21.
The Division Bench judgment of Prayagraj (Allahabad) High Court in the case of Afzal Ansari and others Vs State of Uttar Pradesh and others said that the apex court’s 2005 order with regard to noise pollution was to be followed.
“Looking at the diversity of cultures and religions in India, we think that a limited power of exemption from the operation of the Noise Rules granted by the Central Government in exercising its statutory power cannot be considered unreasonable. The power to grant exemption is conferred on the State Government…public interest. However, we make it clear that the scope of the exemption cannot be widened either by increasing the number of days or by increasing the duration beyond two hours”, the Supreme Court (SC) said.
“Hence it is ruled that the right to offer Azan by voice, without the use of sound-amplifying devices is a right protected under Article 25 of the Constitution. However, the right to recite Azan through sound-amplifying devices is not protected under Article 25, since it is not an integral part of Islam. In any view of the matter, the restriction on the use of sound amplifying devices is subject to the Noise Pollution Rules which is reasonable and valid”, the apex court further noted.
