Shillong, April 24: The conglomeration of NGO’s from Garo Hills including the ADE, AYWO, FKJGP, GSU and the Hindu Samshan Bhoomi Committee today ha written to the Deputy Commissioner of West Garo Hills District Mr Ram Singh asking him to remove the permanent loudspeakers from the Masjid from Tura Bazar.
In the letter sent to the Deputy Commissioner the NGO’s including ADE, AYWO, FKJGP, GSU and the Hindu Samshan Bhoomi Committee said that the noise pollution was created by the Masjid at Tura Bazar.
The organization said that they have been receiving complaints galore from the people about the unwarranted use of loudspeakers at the Masjid. It is understandable if the loudspeakers are used on special occasions and festivals. But if used daily it is saturation, an irritation and simply a noise pollution.
The use of loudspeakers from early in the morning till night though at intervals violates the fundamental rights of privacy of the people living close to it. It violates one’s fundamental right to be left alone, physical and mental peace and hence an encroachment of the right to privacy.
The citizenry of Tura has complained that it affects their mental peace, disturbs the sick and old in bed or otherwise, disturbs their sleep, and wakes up the toddlers by startling them at ungodly times. Students also complain of the irritation when they are studying or even playing. Some schools have complained of the disturbance it provides during class.
Loudspeakers were invented in 1924 so the use of it is only of 94 years so on this fact it can be summarised that no religious institute uses loudspeakers and it is only a modern trend. Despite its uses, excessive use of loudspeakers is simple noise pollution and to quote it “banning it loudspeakers do not violate Article 25 or26 of the Constitution of India.”
The NGO’s quoted the nine judge constitution bench of the Supreme Court, the use of loudspeakers on religious structures was “encroachment and violation of one’s fundamental rights of privacy which is protected as an intrinsic part of the right to life and personal liberty” because the right to privacy is a fundamental right guaranteed under Article 21 of the Indian Constitution.
“Under the Environment (Protection) Act, 1986, GOI came up with the Noise Pollution (Control and Regulation) Rules in the year 2000. Section 5 of these rules lay down the restrictions on the use of loud speakers, public address systems and sound producing instruments.
The NGos pointed out the rules lay down the following five restrictions on the use of loud speakers and other sound producing instruments. A loud speaker cannot be used without written permission from the authority designated by the government and cannot be used at night time between 10pm and 6am.
The government can permit the use of loud speakers between 10pm and 12am midnight during any religious or festive occasion only for a limited duration of up to 15 days in each calendar year. It also mandates that the state as a whole would be considered as a unit and the respective state government has to specify the 15 days in advance when this exemption would apply.
Even when loud speakers are used after obtaining permission, the noise standards as specified in the rules have to be followed. The NGOs said that, the Supreme Court while upholding the 15-day exemption in the rules ruled in 2005 that no further dilution of the rules will be allowed.
The court made it clear that the scope of the exemption cannot be widened either by increasing the number of days or by increasing the duration beyond two hours. It also ruled that the power to grant exemption of the 15 days lies with the state government and cannot be further delegated. The court warned that any attempt to dilute the rules will result in striking down these exemptions.”
The Mumbai High Court directed that all the loud speakers in all religious places setup without permission must be removed in 2015. Restrictions on Loud Speakers exist in Muslim majority countries also. The restrictions on use of loud speakers also exist in Muslim majority countries like Pakistan & Malaysia.
In the Punjab state of Pakistan, only one external sound system is allowed at a place of worship for the purpose of Azan. The Punjab police website also indicates that violators of these rules have been arrested in Rawalpindi. Even in Penang of Malaysia, there is restriction on the use of loud speakers.
The NGO’s in the letter said that they do not oppose the right to pray by the Muslims but practice of Azan five times a day using loudspeakers is pure menace almost tantamount to right to force religion upon others by the Masjid. In the letter they have no objections to Azan to call their people but it is not really necessary in these modern times where use of technology can alert the Muslims of the azan without resorting to noise pollution, disturbance and forcing their religious doctrines on others, and Tura Bazar is a public place and the Supreme Court has banned the use of loudspeakers in public environments.
The NGO’s demand that loudspeaker in the minaret in the Masjid in Tura Bazar must be removed because we also know they do not have permission to use it to such an extent. Said in the press statement sign by Mr Tengsak G Momin President of the GSU, Mr Manseng A Samgma Chief Adviser GSU and Balrang Ch Momin Additional General Secretary.
