NCLT Kochi: Liability of Personal Guarantor Cannot Exceed Contractual Limit  ||  NCLT Ahmedabad: Must Determine Related Party Status When Insolvency Proceedings Commence  ||  Ker. HC: 'Immediate Official Superior' under NDPS Act must be Interpreted in Relation to the Context  ||  J&K HC: In Cases Involving Narco-Terror Links, Cannot Grant Bail Merely Due to Delay in Trial  ||  J&K HC: Civil Courts Can Hear Waqf Disputes if Waqf Tribunal Does Not Exist  ||  J&K HC: Can’t Invoke Principle of ‘No Work, No Pay’ When Termination is Illegal  ||  Rajasthan HC: Should Not Penalize Party Due to Negligence of Legal Counsel  ||  Delhi High Court Passes John Doe Order Restraining Infringement of ‘Tata’ Trademarks  ||  Delhi HC: Dealing in Crypto Currency Has Profound Implications on Economy of the Country  ||  SC: If Citizens Want to Enjoy Fundamental Right it Should be With Reasonable Restrictions    

D. Anantha Prabhu v. The District Collector, Ernakulam and Anr. - (High Court of Kerala) (05 Mar 1974)

Their right to be loud and your duty to hear

MANU/KE/0032/1975

Constitution

Public authorities have a torrid time explaining why loudspeakers are allowed to be used or why sometimes they are not. Permit a screeching amplifier and the public complains of it becoming a public nuisance, an infringement of its fundamental ‘right to think’; don’t allow the roaring monsters and it is connoted as a stifling of ones freedom of speech and expression; a return to the times of yore (when they had loudspeakers, apparently).

Perhaps when allowing or -dis the setting up of loudspeakers for a ‘public event’ authorities will do well to remind themselves of the virtues of a coin toss - the courts certainly seem to follow it as a mantra. Consistent has not been the courts’ position on allowing loudspeakers at a public event. Yet, a change in perception of noise as more than just a public nuisance has led to a slow shift towards muffling some loudspeaker claims. That said, the role of The Noise Pollution (Regulation and Control) Rules, 2000 in bringing a sea change in the perception of publicly broadcast certainly deserves mention.

But before the ‘watershed’ was the decision of the Kerala High Court in a petition against an encompassing ban on the use of loudspeakers at a certain ground in Ernakulam. Public authorities, it was alleged, had impinged on the Petitioner's right to express freely - under Article 19 of the Constitution no less - by prohibiting, in the absence of any guidelines, the use of means to amplify sound.

The court having heard submissions from the Petitioner and the public authority came away in favour of the former. It opined, “[the ban] amounts to infringement of the fundamental right of freedom of speech and expression in that the said condition stands across the person who speaks or expresses and the persons to whom he speaks or expresses effectively imposing restraints on communication between them which is the essence of the freedom of speech and expression and without which that freedom is futile and meaningless.” Of little consequence proved the non-discriminatory nature of the ban and inconvenience to residents concreted along the fringes of the public ground.

The nuisance arising out of loudspeaker use was termed to not be a threat to public order and the order banning use of loudspeakers was quashed. Usefully, more recent judgments of courts have focused on alleviating clamorous fervour. Amplified music is required to be restricted to the premises it entertains; and less and less inclined are courts to allow loudspeakers at any time of day - why add to the ambient din any more than you have to, they say.

Relevant : Satwant Singh v. A P.O., New Delhi MANU/SC/0040/1967 Railway Board, New Delhi v. N. Singh MANU/SC/0507/1969 Article 19 Constitution Act

Tags : PUBLIC NUISANCE   LOUDSPEAKER   BAN   KERALA  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved