Maharashtra government admits gaps in enforcement against illegal loudspeakers, assures Bombay High Court of stronger action | Representative Image
Mumbai: Nearly nine years after the Bombay High Court laid down stringent directions to curb noise pollution, the Maharashtra government has admitted that while some progress has been made, enforcement against illegal loudspeakers remains patchy and requires continuous monitoring.
Affidavits were filed by the Home Department and the Director General of Police (DGP), Rashmi Shukla, in response to a contempt petition filed by activist Santosh Pachalag, alleging non-compliance with its 2016 directions against the “illegal” installation of loudspeakers at religious places. Pachalag had filed a PIL in 2014 seeking directions for the removal of loudspeakers illegally installed at certain mosques in Navi Mumbai.
The affidavit by Principal Secretary Anup Kumar stated that multiple departments have taken steps in compliance with the court’s 2016 ruling, but significant challenges remain in achieving full compliance. It submitted that a state-level meeting was held on February 14, 2025, to collate compliance reports from all concerned departments.
However, authorities indicated that gathering comprehensive data across Maharashtra would take time. The department has sought permission to file an additional affidavit once all reports are received.
The Maharashtra Pollution Control Board (MPCB) had filed 445 criminal cases under the Environment (Protection) Act, 1986, and the Noise Pollution Rules, based on complaints and noise monitoring reports from the police.
“The issue of noise pollution requires continuous monitoring, and so appropriate action will be taken in a continuous manner,” the Home Department stated.
In January, the HC had called for action taken with respect to 2,940 illegal loudspeakers, as admitted in a response to an RTI query by the petitioner.
In her affidavit, DGP Shukla disclosed that out of 2,940 loudspeakers, 2,812 were found to be illegal. Of these, 343 were removed, 831 were subsequently regularised, and 767 notices were issued under Section 149 of the Criminal Procedure Code. FIRs have been filed in 19 cases.
“Though action has been taken, further action is necessary,” the affidavit stated. “My office shall at regular intervals follow up with all police units, and prompt action will be taken to fully comply with the order of the Hon’ble High Court.”
The police have been conducting Mohalla Committee meetings, maintaining noise complaint registers, and receiving grievances through emails, WhatsApp, X, and online portals. Action has been taken in hundreds of cases across Mumbai, Pune, Thane, and Navi Mumbai, Shukla’s affidavit added. Also, a Special Inspector General (Law and Order) has been appointed as the nodal officer to oversee enforcement and submit quarterly reports.
A bench of Chief Justice Alok Aradhe and Justice MS Karnik has given Pachalag time to file a rejoinder affidavit.
On August 16, 2016, a bench led by Justice Abhay Oka (currently a Supreme Court judge) had observed that no religion or sect could claim that the right to use a loudspeaker or a public address system was a fundamental right conferred by Article 25 (Right to freedom of conscience and free profession, practice, and propagation of religion) of the Constitution.
The HC had then passed 32 directions to ensure the strict implementation of the Noise Pollution (Regulation and Control) Rules, 2000. Pachalag filed a contempt plea in 2018, highlighting non-compliance with the 2016 judgment.
