[Noise pollution in religious places] Karnataka High Court notice to State on plea for seizure of illegal loudspeakers

The Karnataka High Court on Tuesday directed the State government to respond to a plea seeking seizure and confiscation of loudspeakers, amplifiers and such other equipment operating in religious places in violation of Noise Pollution (Regulation and Control) Rules, 2000 [Rules]. [Rakesh P vs State of Karnataka]

. The plea was filed as an interlocutory application a batch of pleas seeking action against illegal usage of amplifiers and loudspeakers in religious places in violation of the Rules.

A Division Bench of Acting Chief Justice Satish Chandra Sharma and Justice SS Magadum issued notice to the State and posted the case for further hearing on November 16.

"State government shall also shall also file a response in IA 4 of 2021, in WP 4574 of 2021,"

. The plea moved by the residents of ICON North Apartment said that there has been systemic failure by the respondents in adhering to the Rules.

Additionally, the 5th Respondent Police and 9th Respondent, Karnataka State Pollution Control Board have failed to act on the complaints sent by the petitioners in accordance with law, it was submitted.

It further contended that the petitioners have Audio-video, photograph proofs, to show that the respondents are using the conical loudspeakers before 5 am, for announcements and speeches, exceeding the prescribed limited i.e., above 65 decibel during daytime (6 am - 6 pm) and above 55 decibel during night (6 pm -10 pm).

. In view of the same, the petition sought enforcement of the directions issued by the Supreme Court in the case of “In Re: Noise Pollution vs Unknown".

. In August, the High Court had sought an affidavit from sixteen mosques on whether they would refrain from using loudspeakers or public address systems until they obtain written permission in accordance with the Rules.

. During the hearing, one of the respondent mosques apprised that it has installed a device in their loudspeakers and amplifiers, which will automatically cut off the power to the speaker if the sound levels exceed the prescribed decibel limits.

Moreover, it was argued that the a particular community was being targeted in the plea as there are several reasons for noise pollution.

The maintainability of the petition was questioned by the counsel, who told the Court that the National Green Tribunal (NGT) had taken cognizance of this issue and passed several pertinent directions.

. Hearing this, the Court also expressed its doubts on the maintainability of the petition.

"Wherever, Tribunals are not located within the State capital, we (people) can file cases before the Hon'ble High Court. This was the law laid down in Roger Mathew vs SBI", responded Advocate Shridhar Prabhu, appearing for the petitioners.

.[Noise pollution at religious places] "If you are targeting only one religion, it shows lack of bonafides:" Karnataka High Court. In July, the Court had said that targeting only one religion with regard to illegal use of amplifiers and loudspeakers at religious places cannot be permitted.

[Noise pollution in religious places] Karnataka High Court notice to State on plea for seizure of illegal loudspeakers

Rintu Mariam Biju

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