'Illegalities Being Committed In Name Of Religion': Madras HC Directs State To Take Action Against Noise Pollution, Building Violations

The Madras High Court has recently directed the State authorities to take appropriate actions to ensure that noise pollution or violations of building rules on account of religious activities are dealt with strictly. The Court was adjudicating upon a plea by a pentecostal church seeking protection to carry out its religious activities.

Justice SM Subramaniam suo moto impleaded the Chief Secretary to Government State of Tamil Nadu in order to ensure that appropriate directions are issued in this regard.

"The State being the custodian is duty bound to initiate action under the relevant provisions of law and for this purpose..to ensure all appropriate actions are initiated in respect of the illegalities and irregularities and violations in the matter of religious activities, including noise pollutions and building violations", the Court observed.

The Court further emphasised that all religious institutions must adhere to the existing laws while conducting their religious activities. Any such religious activities affecting the rights of the other citizen and any infringement of rights under the Constitution of India must be viewed seriously and all appropriate actions are to be initiated in the event of any complaint or otherwise, the Court stated further.

"The prevailing situation cannot be brushed aside by this Court. The prevailing situation though painful is to be improved only through effective actions of the Public Authorities. There are many Religious Institutions across the State of Tamil Nadu are violating the noise pollution and Regulation Control Rules and the provisions of the other Statutes. However officials are insensitive in the matter of initiation of actions regarding such violations. Thus, the State is duty bound to sensitise the Authorities for the purpose of protection of the fundamental rights of the citizen of our Great Nation," the order read further.

The Court noted further that in India it is common for religious institutions to create 'nuisance and disturbances' through the use of loudspeakers which cause mental agony for others. Peaceful living and health can only be ensured if such irregular and illegal activities are controlled, the Court stated further.

It was further underscored that no person can be permitted to commit any illegality on account of religious rights. The Court stated further that the State is duty-bound to ensure that religious rights are exercised within Constitutional limits.

"Merely by creating sentiments in the public or in any religious places, no person can be allowed to carry on any such illegal activities or otherwise. Encroachments, usage of loudspeakers causing disturbance and nuisance are to be viewed seriously and all necessary actions are to be initiated for the purpose of restraining such persons from creating such nuisances or disturbances to the public at large," the Court highlighted.

It was further observed that religious freedom accorded to citizens under Article 25 of the Constitution of India are subject to public order, morality and health. Such rights are also subject to the absolute fundamental right to life under Article 21, the Court stated.

"Unity in diversity is the principle enunciated under the Indian Constitution. Unity can be preserved only when the Authorities controlled the illegalities being committed in the name of the religion or otherwise. Thus, the religious rights are subject to conditions and subject to the rights of the other citizen", the Court remarked further.

The Court further acknowledged that religious institutions are not reminded of their duties owed to other citizens due to the 'lackadaisical approach of the authorities' in such matters dealing with the violations and infringement of the rights.

"They can never be allowed to take a partisan attitude in the matter of implementing the laws in force. Non implementation or improper implementation must be viewed seriously as it infringes the rights of the citizen at large ... Enacting the Laws or insufficient implementation of Laws are to be deprecated. Laws are enacted to protect the rights of the citizen under the Constitution. If such Laws are not implemented effectively, then also we are committing an act of unconstitutionality," the order stated further.

Moreover, the Court also observed that many persons hesitate to make complaints against religious institutions out of fear of hurting religious sentiments and "due to fanatic approach of few fringe groups."

"One cannot recuse that common men are afraid of giving complaint against religious institutions. In such circumstances, the State being the custodian is duty bound to initiate action under the relevant provisions of law", the Court stated further.

The Chief Secretary to the Tamil Nadu government was directed to ensure that complaints filed on such issues are immediately acted upon and stringent action is taken against any inaction, negligence or dereliction of duty from the side of the police or other authorities.

In the instant case, the petitioner-church had submitted that they had a permit in 1998 for their activities. However, it was alleged that they had not obtained due permission before expanding their building.

The instant petition had been filed seeking protection after members claiming to be from the Hindu Munnani opposed construction being carried out by the petitioner. The Court was further informed that the petitioner church had used loudspeakers and conducted prayers throughout the day, thereby disturbing other people in the area.

The Court made it clear that the petitioner church may continue its religious activities only after getting proper approval for its building construction, which was stated to have commenced without due and prior approval.

"Any unauthorised construction is to be demolished by the Authorities Competent by following the procedures as contemplated," the Court ordered.

Case Title: The Pentecostal Mission v. The District Collector

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