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T. S. SIVAGNANAM, HIRANMAY BHATTACHARYYA
Miss Shagufta Sulaiman – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
(T.S. Sivagnanam, CJ.)
1. By filing this public interest writ petition, the petitioner appearing in person seeks for certain directions against the respondent/police. The concern of the petitioner is that there is severe noise pollution in various parts of the city on account of continuous beating of drums by a group of persons, throughout the day and night on the alleged ground that they are performing the mourning ritual on occasion of Muharram. The petitioner would state that there is a ban for Azan by using loud speakers as that lasts 5 minutes only, which is certainly a religious matter but the nonstopping of beating of drums with no restriction of intensity of the sound is illegal. According to the petitioner, the noise pollution is a serious threat to public health and welfare. It creates a stress and would affect the persons, who reside in and around the area, where this beating of drums is being done throughout the day and night.
2. The petitioner would also state that there are school going children. Many of them have to take their examination. There are senior citizen people, who are sick and ailing and all of them have been affected and in spite of the repeate
The right to a peaceful environment is protected under Article 21, and noise pollution laws must be enforced to prevent disturbance, regardless of religious practices.
The use of loudspeakers for religious purposes must comply with noise pollution regulations, as no religion permits disturbance to public peace, reinforcing the right to a peaceful environment under ....
The use of loudspeakers without permission violates noise pollution laws, infringing on the right to a peaceful environment protected under Article 21.
regular rattling of engines and intermittent blowing of horns emanating from the caravan of automobiles do not allow us to have any respite from irritant noise even in suburban zones.
The duty of the authorities to protect the fundamental rights of citizens and the need for effective implementation of laws to prevent infringement of rights.
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