#article25oftheconstitution

[seemabhatnagar]

No right in an organized society can be absolute

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 - Supreme court of India

Miss Shagufta Sulaiman v. The State of West Bengal & Others

WPA (P) 369/2022 before Hon’ble Calcutta High Court

Heard by Hon’ble Mr. Chief Justice T S Sivagnanm J & Hon’ble Mr. Justice Hiranmay Bhattacharyya J

WP disposed of on 27.07.2023 with direction to the State Pollution Control Board and the State

Ahead of Muharram on the Public Interest Litigation filed by Shagufta Sulaiman before Hon’ble Calcutta High Court, the Division bench of Hon’ble Mr. Chief Justice TS Sivagnanam & Hon’ble Mr. Justice Hiranmay Bhattacharyya hereon July 27,2023 directed West Bengal Pollution Control Board to immediately issue a public notice giving wide publicity that the noise level cannot exceed the permissible decibel, and also make it clear that any violation thereof would invite penal action under the provisions of the pollution control laws.

The Bench also directed the State, if feasible, can also identify the groups, which can be permitted to carry on beating of drums within the permissible noise level. The period for beating of drums shall also be regulated as the mourning ritual is to be performed on 29th July, 2023 and within the short time.

There will be a direction to the respondent/police to immediately issue public notice regulating the timing for beating of drums.

Background

The PIL was filed by the petitioner 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 contention of the petitioner is when there is a ban for Azan by using loud speakers as that lasts 5 minutes only, which is certainly a religious matter but the non - stopping of beating of drums with no restriction of intensity of the sound is illegal. The noise pollution is a serious threat to public health and welfare. 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.

Seema Bhatnagar