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 too. It’s our duty to preserve our planet and never by our own acts lead this annihilation.
Now, far from philosophical things, let’s stick to the law. I would like to tell what our law expresses regarding the term ‘RELIGION’. The word ‘RELIGION’ used in Art. 25 & 26 of the constitution is personal to the person having faith and belief in the religion and held that the ct was constitutional as it regulated 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 are not violation of right under Art.25 of the Constitution. Azan is certainly an essential and integral part of Islam, but use of microphone & loudspeakers are not an essential & integral part.
Microphone is a gift of technological ages, its adverse effect is well felt all over the world. It is not only a source of pollution but it is also a source which causes several health hazards.
Traditionally and according to the religious order, Azan has to be given by the Imam or the person incharge of the mosques through their own voice and this is sanctioned under the religious order.[2]
The use of loudspeakers, drums and other instruments at the time of prayers in the Church
The SC has held that in the exercise of the right to religious freedom under Art. 25 & 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 & health”. Even if there is any such religious practice it cannot be used to violate right to others or to disturb their peace. The court said that, “no rights in an organized society can be absolute”
Author's Viewpoint
Being a secular citizen of this country, I would say,
Any instrument or speakers which cause noise pollution shall not be used without obtaining the written permission of an authority.
Well, after 10:00 pm, bands, speakers, public addressing system should not be permitted. As we all know that those high decibels, frequencies will cause grave hearing problems.
Don’t worry about our cultural or religious occasion, our law is really generous towards everyone, the State Government may, subject to such terms and conditions as are necessary to reduce noise pollution, permit use of loudspeakers or public address systems during night hours (between 10.00 p.m. to 12.00 midnight) on those days but not exceeding 15 days in all during a calendar year.
Curiosity
What if a humanitarian law overpowers cultural myths and we all collectively start working for our Planet?
Kindly share this link https://shataxiamicuslex.blogspot.com/2019/10/what-law-expresses-is-it-allowed-to.html
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.