- JUDGMENT SUMMARY:Church of God (Full Gospel) In India v. K.K.R. Majestic Colony Welfare
- DATE OF JUDGMENT:30/08/2000
- JUDGES:M B Shah, J., S.N. Phukan, J.
SUBJECT:
The judgment revolves around the question of whether a particular community or sect of that community can claim right to add to noise pollution on the ground of religion?
FACTS:
The appellants in the present case run a Church in a residential area. Due to the noise pollution created by the appellants a petition was filed before the HC for an order of injunction by the respondents. The HC granted the order and stated that, reciting prayers would be an essential part of the religion but using loudspeakers to recite is not necessary.
IMPORTANT PROVISIONS:
The Indian Constitution:
Article 25:
(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion
(2)Nothing in this article shall affect the operation of any existing law or prevent the State from making any law
(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;
ISSUES:
Whether a particular community or sect of that community can claim right to add to noise pollution on the ground of religion?
ANALYSIS OF THE JUDGEMENT:
The petitioners contended that,
- The loudspeakers which are run in high decibels affect the right to pollution free environment of the residents in that area
- The Church is deliberately applying a religious colour to the case.
- The HC order should be upheld
The respondents contended that,
- The Church has the independence to practice its religious believes in the way it desired. Any intrusion into such matters would amount violation of religious freedom under Articles 25 and 26.
Upon hearing the parties, the Court upheld the HC’s decision and stated that, reciting prayers would be an essential part of the religion but using loudspeakers to recite is not necessary
