The Bombay High Court has made it clear that no religious group has a constitutional right to use loudspeakers as part of prayer or worship. A bench comprising Justices Anil L. Pansare and Raj D. Wakode delivered this ruling while dismissing a petition filed by Masjid A. Gousiya, which had sought permission to resume the use of loudspeakers.
The judges held that the Indian Constitution does protect religious freedom, but it does not extend to activities that interfere with the peace, health, or rights of others. The Court stressed that loudspeakers are not an essential or mandatory part of any religion and therefore cannot be claimed as a fundamental right.
In its judgment, the Court cited earlier Supreme Court rulings on noise pollution, noting that excessive sound from loudspeakers, firecrackers, vehicles, and public events has serious health consequences, including sleep disturbance, increased stress, and long-term medical issues. The bench observed that noise pollution is not a minor inconvenience but a threat to public well-being.
Because the issue went beyond an individual mosque and showed broader concerns over ineffective enforcement of noise regulations, the Court decided to convert the petition into a public interest litigation. It directed authorities to take stronger action to curb noise levels and to enforce existing laws related to the use of loudspeakers and other sources of public noise.
While dismissing the petition, the High Court emphasized that freedoms under Articles 19 and 25 are subject to reasonable restrictions. The right to practice one’s religion does not include the right to impose amplified sound on unwilling listeners. The ruling reinforces the principle that community welfare, peace, and public health must take priority over non-essential religious practices.
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