Gujarat High Court issues notice to State on PIL seeking ban on loudspeakers in mosques

The Gujarat High Court on Tuesday issued notice to the State government on a public interest litigation (PIL) petition seeking direction to the Government of Gujarat to consider banning of loudspeakers in mosques [Dharmendra Vishnubhai P Rajapati v. State of Gujarat]..A Division Bench of Chief Justice Aravind Kumar and Justice Ashutosh J Shastri issued notice on a plea moved by one Dharmendra Vishnubhai, a doctor based in Gandhinagar district of Gujarat..On being asked by the Court regarding the decibel allowed as per the Noise Pollution rules prevailing in the State for the use of a microphone, the petitioner submitted that sounds upto 80 decibels are permitted but mosques are using loudspeakers with sound over 200 decibels.The petitioner placed reliance on the decision of the Supreme Court in the year 2000 in the case of Church of God (Full Gospel) in India v. KKR Majestic Colony Welfare Association and Others which had issued direction in respect of controlling noise pollution."No religion or religious sect can claim that use of loudspeakers for prayers or for worships or for celebrating the religious festivals is an essential part of the religious practice and is protected under Article 25 of the Constitution. As per the Supreme Court's decision in Church of God's case, there exists no right to use loudspeakers and a citizen cannot be forced to listen something which they do not desire of," the petitioner contended. .In response to a query regarding noise pollution in weddings due to band instruments, the petitioner said that unlike the use of loudspeakers in mosque which happens everyday from 5:30 PM to 9:00 PM, a wedding ceremony takes place only once in a lifetime of a person."Why the people who don't believe in Islam have to listen to such noise pollution by mosque? Even when there is restrictions in use of loudspeakers during Ganapati festival, then why the same cannot be applied in cases of mosques," the petitioner argued..Considering the submissions of the petitioner and the issue involved in the plea, the Court issued notice on the same, returnable on March 10, 2022..Advocate Dharmesh C Gurjar appeared for the petitioner.