The Bombay High Court on Thursday directed the Maharashtra government to implement a mechanism to control decibel levels of public address systems used at places of worship or institutions, The Indian Express reported.

The court observed that the use of loudspeakers is not intrinsic to any religion.

“Noise is a major health hazard in various aspects,” The Times of India quoted a bench of Justices Ajey S Gadkari and Shyam C Chandak as saying.

The bench added: “No one can claim that his rights are affected in any manner if he is denied permission to use a loudspeaker. It is in public interest that such permissions should not be granted… Use of loudspeakers is not an essential part of any religion.”

The court urged the government to issue directives for calibrating and automatically fixing decibel limits for loudspeakers or public address systems at places of worship and ordered the Mumbai Police to take strict action against violators.

The directives were issued on a plea by the Jaago Nehru Nagar Residents Welfare Association and the Shivsrushti Cooperative Housing Societies Association from the city’s Kurla area. The groups had alleged that the police had failed to act against mosques in Nehru Nagar and Chunabhatti using loudspeakers and amplifiers beyond permitted hours and within decibel limits, The Times of India reported.

The bench cited the High Court’s 2016 judgement directing the enforcement of the 2000 Noise Pollution Regulations and Control Rules. In the judgement, the court had observed that the use of loudspeakers is not essential to any religion, and therefore, institutions that violate the law are not protected under Article 25 of the Constitution pertaining to freedom of religion.

The court said people typically do not complain about problems until they become intolerable and a nuisance.

The bench instructed the police commissioner to ensure that all officers use a decibel level measuring app and seize loudspeakers or equipment that violate the norms. It also directed the police to protect the identities of complainants to prevent them from being targeted.

Initially, the police should caution offenders, and fines can be imposed for repeated violations, the court instructed. On further violations, the police should seize the loudspeakers and can revoke the institution’s license to use such equipment.

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