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 repeated complaints lodged by the petitioner before the 3rd respondent/police, no action has been taken. With these facts, the petitioner seeks for appropriate directions to stop the nuisance caused on account of the continuous beating of drums.

3. The learned Government counsel appearing for the respondents would submit that whenever the petitioner has approached the respondent/police, her grievance has been looked into and appropriate action has been taken and the period for the beating of drums has been regulated.

4. The petitioner by way of reply submission would state that the stand taken by the respondents is factually incorrect and beating of drums is continuously going on and there is high noise pollution.

5. After we have elaborately heard the petitioner in person and the learned Government counsel, we have to point out that the Hon’ble Supreme Court in the case of Church of God (Full Gospel) in India vs. KKR Majestic Colony Welfare Association & Ors. reported in A.I.R. 2000 SC 2773 was considering a somewhat similar issue relating to noise pollution on the ground of religion. The question, which fell for consideration before the Hon’ble Supreme Court was whether beating of drums or reciting of prayers by use of microphones and loud speakers so as to disturb the peace and tranquillity of neighbourhood should be permitted. The Hon’ble Supreme Court held that undisputably no religion prescribes that any prayer should be performed by disturbing the peace of others nor does it preach that they should be through noise amplifiers or beating of drums. Further, it was pointed out that in a civilised society in the name of religion, activities, which disturb old or infirm persons, students or children having their sleep in the early hours or during day-time or other persons carrying on other activities cannot be permitted. Further, it was pointed out that the young babies in the neighbourhood are also entitled to enjoy their natural right of sleeping in a peaceful atmosphere; a student preparing for his examination is entitled to concentrate on his studies without there being any unnecessary disturbance by the neighbours. Similarly, old and infirm are entitled to enjoy reasonable quietness during their leisure hours without there being any nuisance of noise pollution. Aged, sick people a