Azaan-Bhajan Row: What Does the Law Say About Use of Loudspeakers in India?

As Maharashtra govt seeks to counter Raj Thackeray's inflaming of tensions, Noise Pollution Rules become relevant.

Amid growing communal tensions across the country, a new front has been opened in Maharashtra by Raj Thackeray's Maharashtra Navnirman Sena (MNS).

Thackeray has demanded that mosques no longer be allowed to broadcast the azaan (ie call to prayer) by loudspeaker, and that if any mosque continues to use loudspeakers to do so after 3 May, Hindus will broadcast Hanuman Chalisa via loudspeakers at the same time.

Nashik Police Commissioner Deepak Pandey on Monday, 18 April, directed all religious places in the city to apply for permission for any usage of loudspeakers by 3 May.

In response to Thackeray's call to action, the Commissioner also ordered that no person will be allowed to play bhajans or other songs on loudspeakers in a 100 metre-radius of any mosque within the Nashik police commissionerate's jurisdiction 15 minutes before or 15 minutes after the azaan calls.

The Maharashtra government is also reportedly set to issue new guidelines on the use of loudspeakers in the state after consultations between the state's Director General of Police (DGP) and the Mumbai Police Commissioner.

But are there any existing rules regulating the use of loudspeakers by religious places? Did the Nashik Police Commissioner have the power to direct places of worship to take permission before using loudspeakers? And what kind of new guidelines can state governments issue about usage of loudspeakers?

IS THERE ANY LAW THAT REGULATES THE USE OF LOUDSPEAKERS IN INDIA?

While India has a specific law on air pollution enacted in 1981, this law mostly deals with emissions and does not cover issues relating to noise pollution.

The relevant law when it comes to this is instead the Noise Pollution (Regulation and Control) Rules 2000.

These Rules, made under the Environment Protection Act 1986, allow for regulation of noise levels, the creation of silence zones (for instance in the vicinity of hospitals), and restrict the use of loudspeakers, vehicle horns, fire crackers, and construction equipment.

Under these Rules, loudspeakers or public address systems cannot be used by anyone – including places of worship and religious institutions – unless they obtain written permission from a relevant local authority (Rule 5).

This authority is generally the local district magistrate or police commissioner, though a senior police officer not below the rank of deputy superintendent can also be designated for the job.

Even in cases where permission is obtained, there are still some general restrictions.

• Loudspeakers or public address systems or any sound producing instrument or musical instrument or sound amplifiers cannot be used at 'night time' (ie 10 pm - 6 am) except in closed premises like auditoria, conference rooms, community halls, etc.

• The noise level at the boundary of a public place where a loudspeaker is being used cannot be more than 10 dB(A) – a weighted decibel measurement corresponding to regular human hearing – above the ambient noise standards for the area or 75 dB(A), whichever is lower.

• The peripheral noise level of a privately owned sound system at the boundary of the private place where it is being used cannot exceed 5 dB(A) above the ambient noise standards for the area.

The Schedule to the Noise Pollution Rules 2000 specifies the different limits for ambient noise in different areas, as designated by the relevant state government:

• Industrial Areas – 75 dB(A) in the day, 70 dB(A) at 'night time'

• Commercial Areas – 65 dB(A) in the day, 55 dB(A) at 'night time'

• Residential Areas – 55 dB(A) in the day, 45 dB(A) at 'night time'

• Silence Zones – 50 dB(A) in the day, 40 dB(A) at 'night time'

Silence zones are therefore not literal silence zones, which would be impossible. Instead, they are areas comprising not less than 100 metres around hospitals, educational institutions, courts, religious places, or any other area which is declared as such by the competent authority, where noise levels are to be maintained that are significantly lower than others.

The Noise Pollution Rules 2000 also make one exception to the ban on loudspeakers during night time ie 10 pm to 6 am. Under Rule 5(3), state governments can specify up to 15 days in a year when loudspeakers can be used from 10 pm to 12 midnight, for cultural or religious festive occasions.

HAS THE SUPREME COURT SAID ANYTHING ABOUT USE OF LOUDSPEAKERS BY PLACES OF WORSHIP?

It appears that the Noise Pollution Rules 2000 were a response (at least in part) to a case in the Supreme Court, which arose out of a disturbing set of facts.

In 1998, a 13-year-old girl set herself on fire after being raped, and died of her burn injuries. It was alleged that her cries for help had gone unheard because of the blaring noise of music over a loudspeaker in the neighbourhood. A PIL was filed in the court that year itself by one Anil Mittal.

The apex court's judgment in the case was only delivered on 18 July 2005, where it also considered a challenge to the 15-day exception to the ban on use of loudspeakers during the night time.

As the Centre had already put out the Noise Pollution Rules in 2000, the court did not have to create any brand new guidelines.

However, it issued directions reiterating the restrictions set out in the Rules, and directed the Centre and state governments to make provisions for seizure of loudspeakers or other equipment that violate the Rules and take any steps to enforce the Rules if not already done.

ARE THE NASHIK POLICE & MAHARASHTRA GOVT PLANS FOR GUIDELINES IN ACCORDANCE WITH THE LAW?

The directives issued by the Nashik Police Commissioner on 18 April appear to be in accordance with the Noise Pollution Rules.

First, they reiterate that any place of worship has to take permission to use loudspeakers, which is exactly what Rule 5 says.

Secondly, the directive regarding no playing of bhajans or songs around the time of the recital of the azaan appears reasonable, given the religious tensions that would be stoked by a plan like that of the MNS.

The Allahabad High Court has in a previous case held that a ban on use of any loudspeakers in an area where there had been tensions between Hindu and Muslim communities was appropriate to maintain law and order and peace in the area.

In this situation, the Nashik Police is not banning either side from using loudspeakers entirely, but just making sure there is no clash, which seems a reasonable restriction in the interest of public order.

Thirdly, the Maharashtra government is allowed to take measures for abatement of noise and to ensure that noise levels do not exceed the specified ambient standards (Rule 3). As a result, it is possible for it to issue guidelines on usage of loudspeakers, whether for azaan or bhajans.

There are, however, a couple of points that the authorities in Maharashtra do need to keep in mind when developing any guidelines or directions.

They cannot possibly recognise any sort of 'right' for any community to use a loudspeaker for prayers, whether a mosque or a temple or a church or a gurudwara.

The Supreme Court in the noise pollution case referred to earlier (In Re Noise Pollution) had stated that no person can claim a fundamental right to use a loudspeaker for to exercise their freedom of speech under Article 19(1)(a) of the Constitution as every citizen has the fundamental right to live in peace, comfort, and the quietness of their home.

In 2016, the Bombay High Court had held that the use of loudspeakers for religious purposes cannot be justified under the fundamental right to practise one's religion under Article 25 either.

In 2020, the Allahabad High Court had specifically noted that there was no prescription in Islam for broadcast of the azaan by loudspeakers, even though it was a fundamental practice to have the azaan recited by a muezzin from a mosque.

The Maharashtra authorities will also have to note that the up-to-15-day exception to the use of loudspeakers during night time (10 pm to 6 am) has to comply with another 2005 judgment of the Supreme Court. Under this judgment, any exceptions have to be state-wide (not imposed by district or city), and cannot possibly allow for the use of loudspeakers from 12 midnight to 6 am.