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No community has right to use microphones for prayer: SC

In a significant judgement, the Supreme Court has held that no community has a right to use microphones or loud speakers to amplify their religious preaching and prayers.

A division bench comprising Justice M B Shah and Justice S N Phukan gave this ruling while dismissing an appeal by the Church of God (Full Gospel) in India challenging a Madras high court order. The order had directed it to keep the use of loud speakers at a low level.

Rejecting the contention that by this order the church's fundamental right under Article 25 was violated, Justice Shah said the fundamental right to preach religion was subject to 'public order, morality and health'.

"No religion prescribes or preaches that prayers are required to be performed through voice amplifiers or by beating of drums," the bench said.

Justice Shah said, "Undisputedly, no religion prescribes that prayers should be performed by disturbing the peace of others nor does it preach that they should be done through voice-amplifiers or beating of drums."

"In our view, in a civilised society, in the name of religion, activities which disturb old or infirm persons, students or children having their sleep in the early hours or during day-time or other persons carrying on their activities cannot be permitted," the bench said.

It should not be forgotten that babies in the neighbourhood are also entitled to enjoy their natural right of sleeping in a peaceful atmosphere, the court said.

Giving more instances of the disturbances caused by such use of loud speakers, the apex court said a student preparing for his examination was entitled to concentrate on his studies without being unnecessarily disturbed by neighbours.

"Similarly, the old and infirm are entitled to enjoy reasonable quietness during their leisure hours without there being any nuisance of noise pollution," the court said.

"Aged, sick, people afflicted with psychic disturbances as well as children up to six years of age are considered to be very sensitive to noise. Their rights are also required to be honoured," it said.

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