The Nagpur bench of the Bombay High Court has dismissed a petition filed by Masjid Gousiya in Gondia seeking permission to use loudspeakers for offering prayers, holding that the use of sound amplification equipment cannot be claimed as a matter of right while practising religion.
A division bench of Justices Anil Pansare and Raj Wakode, in its December 1 order, relied on Supreme Court rulings to reiterate that no religion mandates the offering of prayers through voice amplifiers or beating of drums. The court noted that the petitioner failed to produce any material to show that loudspeaker use was mandatory for religious practice.
“The petitioner, therefore, is not entitled to seek relief for the installation of a loudspeaker, as of right. The petition is accordingly dismissed,” the bench said.
The court stressed that religious freedoms do not extend to disturbing public peace. It cited apex court observations that no faith prescribes the performance of prayers by “disturbing the peace of others,” emphasising the rights of other citizens—particularly children, the elderly, the sick, and those with psychological conditions—to enjoy reasonable quietness.
Calling noise pollution a “serious threat to public health and welfare,” the bench took suo motu cognisance of the recurring issue and asked the Maharashtra government to propose an effective solution.
The order highlighted the physiological impact of constant noise exposure, noting it triggers the body’s “fight or flight” response, releasing cortisol and other harmful chemicals.
“Over time, these chemicals build up in the body, leading to cardiovascular disease, aggression, chronic fatigue, headaches, high blood pressure, mental illness and anxiety,” the court observed, adding that noise levels exceeding 120 decibels may lead to eardrum rupture and lasting damage.
The bench also pointed out that noise pollution rules are frequently ignored during celebrations and functions at event halls in Nagpur’s Civil Lines area. “In our view, while permitting various celebrations, these venues should take responsibility for ensuring adherence to the rules,” the court said.
It noted similar violations at several religious places where bhajans are amplified through loudspeakers in disregard of permissible limits.
“We hope the state government will be sensitive to the issue involved, which affects public health, and will come up with an effective solution,” the order concluded.
