Unabated drum beating during Muharram is impermissible and illegal: Calcutta High Court

The Calcutta High Court Thursday ordered the West Bengal Police to regulate the playing of drums during the upcoming Muharram festival, while observing that continuous drum beating for celebrating the festival is impermissible and that no religious tenet allows it [Shagufta Sulaiman vs State of West Bengal]..A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya refused to accept the submission of the State government that drum beating may be part of the religious activities during the Muharram festival."However, unabated beating of drums is impermissible. If what the petitioner says is true, then it is undoubtedly illegal and contrary to the relevant rules. Therefore, there will be a direction to the Police to issue public notice regulating timing for beating of drums," the bench ordered..The bench added that the State must strike a balance between the right to enjoyment of religion and the right to life.In this regard, the Court referred to the judgment of the Supreme Court in Church Of God (Full Gospel) vs KKR Majestic Colony Welfare.."On a proper consideration, the Supreme Court held that the citizens cannot be coerced to listen what they do not like or do not want to. No religion prescribes that prayers must be performed by disturbing peace of others or through amplifiers or drumming," the bench observed..The Court was hearing a public interest litigation (PIL) petition filed by one Shagufta Sulaiman highlighting the menace of drum beating throughout the day and night to celebrate the Muharram festival, which is slated to be observed on July 29.The bench advised the State authorities to consider the observations of the Supreme Court which has said that everybody, including babies, the young, the aged, the sick, the old, and mentally unstable persons have the right to live in a peaceful environment.Meanwhile, the State counsel submitted that the petitioner was wrong in saying that drums are played throughout the day. It was done only between 6 AM and 10 PM, the State told the Court."Mr. Counsel, 6 AM is too early. They should not be allowed to play drums even at 8 AM as there are school going children, aged and even ill persons. Even in night hours, you cannot permit beyond 7 PM," the Chief Justice said.During the hearing, the bench also noted that a State notification itself prohibits the use of loudspeakers etc. after 10 PM. However, the Police authorities seemed to be unaware of the same, the Court noted."It is the duty of the Pollution Control Board to issue public notices prior to any religious festival, political rally or congregation, sensitising the citizens about the relevant rules that prohibit noise pollution," the bench went on to observe..The Chief Justice further remarked that while the noise pollutions rules were very powerful, the authorities often fail to implement the same."Pollution laws are very powerful. It's like an automatic weapon but you don't have bullets. The law is stringent but there is no machinery. Your control board officer will be beaten black and blue if he goes on the field asking people not to play drums," Chief Justice Sivagnanam told the State Pollution Control Board counsel..The bench proceeded to order the authorities to regulate the drum beating time for the celebrations and to ensure that the noise decibel levels due to these drums do not go beyond the permissible limits.The bench further directed the authorities to come up with a Standard Operating Procedure (SOP) for regulating congregations and the music instruments used therein to ensure that permissible level of noise decibels are not breached.