Mumbai: The Maharashtra State Human Rights Commission headed by retired Justice KK Tated has directed Mumbai’s Police Commissioner to file an affidavit on the use of loudspeakers by certain mosques.
The police chief has been asked to file the affidavit by Mar 1, 2023, when a complaint filed by Chunabhatti resident Abhijit Kulkarni is scheduled to come up for hearing.
Police violating my human rights, alleges resident
Mr Kulkarni, through advocate Kaushik Mhatre, had filed a Right to Information application asking the police whether they had permitted the use of loudspeakers by the Noor and Noorie masjids at Qureshi Nagar, Chunabhatti.
The police, in their reply, said they had not granted permission. But they have not responded to Mr Kulkarni's demand to take action for noise pollution against the mosque managements.
Mr Kulkarni told the Commission that by failing to act against the illegal loudspeakers, the police were violating his human rights.
Mr Mhatre said that whenever his client complained at the Chunabhatti police station, the officers simply “requested the masjid committees to take precautions”.
The lawyer said the failure of the police to act violates the directions given by the Bombay High Court in a public-interest litigation of 2010 and the orders passed by the Supreme Court in the case Forum for Prevention of Environment and Sound Pollution versus the Union of India and others.
What the rules state
He said the police have to implement the Noise Pollution Rules strictly following the guidelines framed by the High Court. As per sub-rule (1) of Rule 5, a loudspeaker or public address system shall not be used except after obtaining written permission from the authority concerned. Managements of all places of worship have to follow these rules and no religion or sect can claim a fundamental right to use loudspeakers.
During the proceedings, it was pointed out that “until and unless there is a licence/permission from the authorities concerned under the Noise Pollution Rules, in no circumstances can azaan be recited through any sound-amplifying devices”.
The Commission noted that even in Saudi Arabia restrictions have been placed on the use of loudspeakers in mosques. While the new directives do not ban the use of loudspeakers in the Arab country, they place significant restrictions so that the sound does not cause inconvenience.
“Furthermore, the Ministry of Islamic Affairs noted that communicating the imam's voice in prayer is limited to only those inside the mosque. It also said the Quran is insulted if its verses are amplified through loudspeakers when no one is listening.
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