Continuous Drum Beating Impermissible, No Religious Tenet Says You Do This: Calcutta High Court Issues Directions Ahead Of Muharram

A division bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya said the State ought to counterbalance the right to enjoyment of religion under Article 25(1) of the Constitution with the Right to Life under Article 19(1)(a). "On proper construction, it cannot be said that a citizen should be coerced to hear something he does not like or require," it orally remarked.

Court said drum beating cannot go on continuously and directed the police to immediately issue public notice, regulating the timing for beating of drums. It suggested that permission should be given for two hours in the morning and two hours in the evening. "[Drum beating] should not start before 8am. There will be school going children, exams are there, old and ill people...normally you give permission for two hours in the morning, two hours in the evening. But after 7pm it shouldn’t happen," the Chief Justice said.

It was argued by the petitioner that in her locality, there was continuous beating of drums by local ‘goons’ on the pretext of the Muharram festival, till late at night. It was argued that when the petitioner had approached the police for assistance, she was turned away and the police asked her to “come back with a court order.”

The bench relied on Church Of God (Full Gospel) India vs K.K.R. Majestic Colony Welfare where the Supreme Court considered a similar issue pertaining to noise pollution on the ground of religion and held that no religion prescribes that prayer should be performed by disturbing the peace of others.

The High Court orally remarked,

"Supreme Court has pointed out that it cannot be said that religious leaders had desires for amplifiers and loudspeakers as a means of propagating religion. Further, it was pointed out that practise of religion under Article 25(1) of the Constitution wasn’t an absolute right...Supreme Court has also delineated role of the State, and laid down that State has to step in to set right the imbalance between competing interests."

Court also noted there is lack of awareness among authorities in this regard. It said, "State points out, beating of drums may be part of festival on 29th July. However, unabated beating of drums is impermissible in light of the rules and directions of the Supreme Court. Petitioner earlier moved this matter before a single bench, which pointed to a State govt circular dated 29.12.2009. It is not clear whether the police are aware of such a notification."

Court emphasized that it is the duty of the State Pollution Control Board to issue public notices prior to any religious festival or rally to sensitise the citizens about rules which prohibit indiscriminate noise pollution. Court said it is not clear why such a mechanism has not been put in place for drum beating. It ordered,

"State is directed to immediately issue notice stating that organised groups which want to perform prayers, including drum beating, must obtain necessary permission. Such permission to be granted fit identified group and the location should also be fixed. Apart from that the time limit has to be mentioned. West Bengal Pollution Control Board also to issue public notice and give publicity that noise level cannot exceed the permissible decibel and also make clear that any violation would invite penal action."

Court also directed the Police to look into alleged open air kitchens being unauthorisedly operated in petitioner's area.

Case Title: Shagufta Sulaiman v State of WB and ors

Citation: 2023 LiveLaw (Cal) 197

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