'Sincere Efforts Being Made To Regulate Use Of Loudspeakers': Gujarat Govt To High Court On PIL Seeking Ban On Use Of Loudspeakers In Mosques

Responding to a PIL seeking ban on use of loudspeakers in mosques, the state government has told the Gujarat High Court that sincere efforts are being made to regulate the use of loudspeakers and that Joint Enforcement Teams, constituted for noise level monitoring, have been directed to strictly Noise Pollution Rules in industrial, residential and other areas.

The response was filed by Nikhil Bhatt, Additional Secretary of the state Home Department, to the PIL filed by one Dr Dharmendra Prajapati. The State said it may be necessary to reiterate that the use of loudspeakers is allowed within the specified limits "so as to balance interests of all the stakeholders involved, i.e. the residents residing in vicinities where loudspeaker is being used and the parties using the loudspeakers be it for religious purposes, during festivals, or for weddings or events."

"Irrespective of the purpose, unauthorized and unregulated use of loudspeakers is to the detriment of the society and the environment. There is high usage of loudspeakers for varied purposes such as in weddings, events, religious and festive purposes and in processions. In view of the increased usage of loudspeakers, the 'Ambient Air Quality Standards in Respect of Noise' were set out in the Schedule to the Noise Pollution Rules," the State said, adding the use of loudspeakers has to be in compliance with the Noise Pollution Rules and noise standards to maintain public order and tranquility in neighborhoods.

The State also said that a detailed Standard Operating Procedure — Protocol on Noise Level Monitoring and Enforcement, has been established to curb noise pollution. The protocol outlines the responsibilities of the Joint Enforcement Teams, Gujarat Police Department, and Gujarat Pollution Control Board in enforcing the Noise Pollution Rules, it added. 

The response filed before court further reveals that the police procured 35 noise monitoring devices in 2020. The government also said that it has commenced drives to analyze the extent of noise pollution with the use of loudspeakers/public address systems and microphones.

Asserting that it is conscious of the adverse effects of use of loudspeakers on the residents of the neighborhood where they are used and measures are being devised to effectively and efficiently monitor and keep a check on use of such loudspeakers, the State said:

"In view thereof, I respectfully say that the captioned petition deserves to be dismissed in limine."

Petitioner's complaint against Zakariya mosque

The State also told the court that officers from the Gujarat Pollution Control Board visited Zakariya Mosque in Gandhinagar after the petitioner's complaint but he declined to provide a statement, asserting that there was no disturbance owing to the usage of loudspeakers in the mosque for offering prayers.

"Nevertheless, the report was subsequently submitted and the authorized person of the mosque was also intimated in writing, to follow the Noise Pollution Rules," it told the court.

Case Title - Dr Dharmendra Prajapati v. The State of Gujarat & Ors