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T. S. SIVAGNANAM, HIRANMAY BHATTACHARYYA
Miss Shagufta Sulaiman – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. public interest litigation on noise pollution. (Para 1 , 2) |
| 2. respondent's response to petitioner's complaints. (Para 3 , 4) |
| 3. supreme court precedent on noise from religious practices. (Para 5 , 6 , 7 , 8) |
| 4. state's role in managing competing interests in noise control. (Para 9 , 10) |
| 5. directions for regulating noise during religious activities. (Para 11 , 12 , 13) |
| 6. compliance and conclusion of judicial directions. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20) |
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 t
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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