Hindutva Activists Demand Swift Enforcement Of Bombay High Court’s Loudspeaker Order.

Mumbai: Hindutva Organisations Demand Swift Enforcement Of High Court’s Loudspeaker Order, Islamists Decry Targeting.

Ranjana Ranaut | HENB | Mumbai | Jan 25, 2025:: The Bombay High Court’s recent judgement has sparked a mixed reaction from various communities. While all communities have welcomed the judgement in principle, Muslim scholars and activists have expressed concerns that the order will disproportionately target the Muslim community. However, the judgement itself emphasizes that the use of loudspeakers is not an essential part of any religion, and therefore, public interest takes precedence.

The court’s decision was made in response to a petition filed by two resident welfare associations viz.  Jaago Nehru Nagar Residents Welfare Association and Shivsrushti Co-op. Housing Societies Association Ltd. in Mumbai’s Kurla and Chunabhatti areas, who alleged that masjids and madrasas in the area were violating noise pollution norms. The court’s ruling is clear: no fundamental right is violated if permission for loudspeakers is denied.

It’s worth noting that the judgement applies to all communities, not just one. The court’s emphasis on public interest and noise pollution regulations suggests that the goal is to maintain a balance between religious freedom and the rights of citizens to a peaceful environment.

The Bombay High Court’s recent judgement has brought significant changes to the existing noise pollution norms in residential areas. The court has reminded authorities that cumulative ambient noise levels should not exceed 55 decibels during the day and 45 decibels at night.

Key points from the Judgement are:

– Noise Level Limit: The court has set a benchmark for sound levels to be below 55 decibels, moving away from the earlier practice of using loudspeakers at high volumes.
– Police Responsibility: The police are now bound to act on complaints of noise pollution, and take action against instances of noise pollution under the Maharashtra Police Act.

Advocate Kaushik Mhatre, who appeared for this matter, highlighted that this judgement is a significant step forward in addressing noise pollution concerns. While the judgement has been welcomed by all communities for upholding human convenience and addressing the negative impacts of noise pollution, some Muslim scholars and activists have expressed concerns that the judgement should not be misused.

Muslim religious leaders in India are speaking out about the importance of addressing noise pollution, particularly in relation to religious events and activities. Mufti Manzur Ziyaee, chairman of International Sufi Carvan, emphasized that pollution is a major concern in India and that everyone should contribute to reducing it, regardless of their religious affiliation.

Ashfaq Qazi, Mufti of Jumma Masjid at Kalbadevi, pointed out that Sharia law does not require the use of loudspeakers for azaan (the Islamic call to prayer), and that the use of loudspeakers should not disturb others. He expressed support for the High Court’s order to regulate noise pollution, noting that azaan is typically only broadcast for three to five minutes, whereas other events may use loudspeakers late into the night.

Saleem Sarang, president of Muslim Welfare Association, suggested that in areas with multiple mosques, only one mosque should use a loudspeaker, as the objective of alerting people to prayer times can still be achieved. However, he criticized Maharashtra’s member of legislative council Chitra Wagh for giving 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  fuel to the controversy.

On the other hand, Hindu organizations have expressed concerns that the recent judgement on loudspeaker usage is specifically targeted at the intentional violation of rules by the mosque, which uses loudspeakers for Namaz five times a day. In contrast, Hindus primarily use loudspeakers during festivals.

Shriraj Nair, spokesperson and secretary of Konkan region of the Vishva Hindu Parishad, emphasized that the constant use of loudspeakers can be a significant nuisance, and Hindus only use them occasionally during festivals. He stressed that the law should be followed by everyone, regardless of their religion.

Sunil Ghanwat, national convenor of Mandir Mahasangh and a key person of Hindu Janajagruti Samiti, welcomed the Bombay High Court’s judgement but noted that similar orders have been passed before, yet the government has failed to implement them strictly. He urged the present government to implement the court’s judgement immediately.
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__Inputs from Agencies.