After Bombay High Court’s judgement stressing that public interest prevails over religious use of loudspeakers, all communities have welcomed the judgement. However, Muslim scholars and activists have argued that only the Muslim community will be targeted against through this order, whereas the judgement speaks for all the communities.
On Thursday, the Bombay High Court passed a judgement saying that use of loudspeakers is not an essential part of any religion. The High Court was hearing a petition filed by Jaago Nehru Nagar Residents Welfare Association and Shivsrushti Co-op. Housing Societies Association Ltd. alleging police inaction against noise pollution caused by loudspeakers installed on masjids in the area.
While the HC bench reminded the authorities that cumulative ambient noise levels must not exceed 55 decibels during the day and 45 decibels at night in residential areas, the court also noted that the police are bound to act on the complaints of noise pollution. The judgement brought two major changes in the existing procedures including the level of volume while using loudspeakers during the day and the responsibility of police to act against the religious pleas flouting the norms.
Advocate Kaushik Mhatre, who appeared for this matter, said, “According to Mahesh Bedekar vs The State of Maharashtra, the court has set a benchmark of sound levels to be below 55 decibels against the earlier practice of using the speakers on high volumes. It has also asked the police to take action against noise pollution instances under the Maharashtra Police Act.”
While the judgement has been welcomed by all communities upholding the convenience of human beings and the wrath caused by noise pollution, Muslim scholars and activists argued that it should not be turned.
Mufti Manzur Ziyaee, chairman of International Sufi Carvan, said, “Just like the entire planet, pollution is a major concern in India and everyone should contribute to curb it. Whether it is a religious, social or a personal event, the guidelines should be followed by all. There will be narratives targeting one particular community as the facilitator of this issue. Rather than religious perspective, both the communities should look at the issue as a national an environmental concern.”
Religious scholars said that apart from implementing the guidelines on religious places and events, they should also be implemented on social and personal events to win the fight against noise pollution.
Ashfaq Qazi, Mufti of Jumma Masjid at Kalbadevi, said, “Sharia does not say that we need to disturb someone through azaan. We support this order by the High Court as we also believe that nobody should be affected due to noise pollution. Azaan is held only for three to five minutes whereas there are events which use loudspeakers till late in the night. There should not be a dual policy and the rules should be same for all kind of events.”
Saleem Sarang, president of Muslim Welfare Association, suggested that only one mosque should use loudspeaker in the localities with multiple mosques as the objective of alerting people is being fulfilled by one mosque also. However, he alleged that Maharashtra’s member of legislative council Chitra Wagh has already given the judgement a communal angle through her social media post.
“Since the court’s judgement is for all the religions, it should be followed by everyone. However, the Muslim community is being specifically targeted by politicians like Wagh, who are portraying that the judgement is only for Muslims. She should not paint this issue with communal colours,” Sarang added.
Hindu organisations, on the other hand, alleged that the judgement is specifically meant for Muslim community which uses loudspeakers for religious purposes multiple times everyday, whereas the Hindus use it occasionally during festivals. They also demanded that the new guidelines should be implemented urgently.
Shriraj Nair, national spokesperson of the Vishva Hindu Parishad, said, “We support the High Court’s observation since loudspeakers being played five times a day is a big nuisance. Hindus use these loudspeakers for religious use only during festivals and does not harass people everyday. However, the law of the land is above every organisation and individual and should be followed by everyone irrespective of their religion.”
Sunil Ghanwat, national convenor of Mandir Mahasangh, said, “We welcome the Bombay High Court’s judgement. However such similar orders have been passed by multiple high courts and the supreme court as well but the government fails to implement them strictly. This is the reason mosques have been flouting these orders five times a day. We urge the government to implement the court’s judgement on immediate basis.”
