CAN NOISE POLLUTION BE LEGALLY JUSTIFIED UNDER ANY CIRCUMSTANCE?
What law expresses: Is it allowed to produce noise pollution in the name of religion?
Emerging pollution on our planet is leading to the mass destruction and extinction of various species and has repugnant effects on human health as well. It is our duty to preserve our planet and never, by our own acts, cause such annihilation.
Now, putting philosophical thoughts aside, let us focus on the law. I would like to explain what our law expresses regarding the term ‘RELIGION.’ The word ‘RELIGION,’ as used in Articles 25 and 26 of the Constitution, is personal to the individual who has faith and belief in the religion. The Court has held that the Constitution is valid as it regulates only the secular activities connected with religion, and not matters which are integral parts of religion.[1]
What our law says regarding—
The use of Microphones and Loudspeakers at the time of Azan
The Calcutta High Court has held that the restrictions imposed by the state on the use of microphones and loudspeakers at the time of Azan do not violate the right under Article 25 of the Constitution. Azan is certainly an essential and integral part of Islam, but the use of microphones and loudspeakers is not an essential or integral part.
Microphones are a product of the technological age, and their adverse effects are widely felt around the world. They are not only a source of pollution but also cause several health hazards.
Traditionally and according to religious orders, Azan is to be given by the Imam or the person in charge of the mosque through their own voice, and this is sanctioned by religious order.[2]
The use of loudspeakers, drums, and other instruments at the time of prayers in the Church
The Supreme Court has held that in the exercise of the right to religious freedom under Articles 25 and 26, no person can be allowed to create noise pollution or disturb the peace of others. The custom of religious prayer through the use of loudspeakers is not an essential element of any religion.
It held that a person’s religious freedom is subject to “public order, morality, and health.” Even if there is such a religious practice, it cannot be used to violate the rights of others or disturb their peace. The Court stated, “No rights in an organized society can be absolute.”
Author’s Viewpoint
As a secular citizen of this country, I would say:
Any instrument or speaker that causes noise pollution shall not be used without obtaining written permission from the competent authority.
Moreover, after 10:00 p.m., bands, speakers, and public address systems should not be permitted. We all know that high decibels and frequencies can cause severe hearing problems.
Do not worry about our cultural or religious occasions; our law is quite generous towards everyone. The State Government may, subject to such terms and conditions as are necessary to reduce noise pollution, permit the use of loudspeakers or public address systems during night hours (between 10:00 p.m. and 12:00 midnight) on such days, but not exceeding 15 days in a calendar year.
Curiosity
What if humanitarian law overpowers cultural myths and we all collectively start working for our planet?
Sochne wali bat h bhyi 🤔
ReplyDelete
ReplyDeleteI agree with author's view that noise pollution has nothing to do with any religion. It's a social menace hazardous to health n mental peace........
but it should be allowed upto 12 am in weddings with
ReplyDeletesome Provisons like
1- Upto this volume
2- with some other provisons
reasons behind if Baarat has traveled long distance and got late due to some reasons in that case ?
and what about that dm can permit some peoples to play dj an all in their marriage even after 10 pm??
somewhat called dm se permisson leke aye h written
# this type of power and law will promotee bribe an all
शोर तो रोड पर चलती गाडियों से à¤ी है
ReplyDelete
DeleteThere is a difference between necessity and unnecessary things, the things which i have mentioned in my article can be compromised for the safety of planet.
In respect of your concern central pollution control board has already banned pressure, multi-toned as well as musical vehicle horns.
Even in a notification to state pollution boards, the CPCB said that drivers should not be allowed to honk needlessly.
#Voilation of Article19.
DeleteMarriage is also an important aspect of life an emotions are well connected with it. It can be challanged under Right to personal liberty .
DeleteNo One is curtailing the rights of getting married, due to current scenario of our planet, law is just urging to prevent the noise pollution.