Ram Lakhan v. State of U.P. and Ors. - (08 Apr 2016)

Court covers its ears amidst religious caterwauling

MANU/UP/0498/2016

Environment

The Lucknow Bench of the Allahabad High Court avoided, narrowly, being dragged into a controversial religious debate about the use of loudspeakers during prayer time.

The Petitioners alleged that being Hindus in a UP village, and claiming to be minority in the locality, they were prohibited from using loudspeakers to play devotional songs in a temple during the morning and evening ‘aarti’. Adding ghee to the smouldering fire, they claimed discrimination by the administration as the muslim population in the town was not prohibited from using loudspeakers mounted atop mosques.

Deeming it best to not pass a quixotic judgment on the use of loudspeakers for devotion at places of worship, the court soliloquised the social, legal and physiological impact of forcing a “captive audience”.

Referring to law laid down previously, the court reiterated the impermissibility of use of loudspeakers by any community, and that reasonable restrictions would have to be respected. It offered the Petitioners the option of formally approaching the competent authority to apply for permission to use loudspeakers.

Quite agnostic of religion, courts are inundated by citizens’ complaints against the harmful use of loudspeakers to blast out religious and other fervour. In fact, scientific research has shown noise pollution to cause nervous disorders, raised blood pressure, cardiovascular disease and risks to the foetus in the case of pregnant women.

Relevant : Church of God (Full Gospel) in India. v. K.K.R. Majestic Colony Welfare Association and others. MANU/SC/0537/2000 In Re: Noise Pollution - Implementation of the Laws for restricting use of loudspeakers and high volume producing sound systems MANU/SC/0415/2005 Rabin Mukherjee and Ors. vs. State of West Bengal and Ors. MANU/WB/0058/1985

Tags : PUBLIC NUISANCE LOUDSPEAKER TEMPLE RELIGIOUS