Sound polution by temple mikes
T SANKAR RAO
(Querist) 14 December 2014
This query is : Resolved
Sirs, There is a vinayak temple very near to my residence. The temple is in the middle of the residential locality. The temple authority starts chanting hymns and recorded songs from morning 4.30 to 11 AM and again from 5 pm to 8.30 PM. This causes nuisance to the residents. There are students carrying studies, infants in the cradles,senior citizens and patientswho need rest. There are people who want to do yoga in a silent and calm atmosphere. The loud speakers are disturbing all categories of people in the locality. But, nobody is dare to restrain the temple authority since there may be opposition led by the temple authority. Unity among people suffering from this malady do not unity and are afraid of getting together to protest the temple authority.
Sirs, Is there any law to restrain the temple authority from using the loud speakers causing disturbance to the people residing in the vicinities of the temple. What action should be taken in this regard?
KIndly guide me.
Advocate M.Bhadra
(Expert) 14 December 2014
Lodge a diary to the police and submit a complaint to the Pollution Control Board and also Sub-Divisional Officer.
Guest
(Expert) 14 December 2014
If it is only for the particular season it could be Ignored Or Other Wise a Polite appeal could be made to concerned Temple authorities and sorted out amicably.Any Legal Proceedings can bring a Chance of you getting Isolated in Residence Area.
Rajendra K Goyal
(Expert) 14 December 2014
Bring in the notice of the temple authorities to keep volume very low. If the do not agree make complaint to police and pollution control board. Someone has to take initiative.
ajay sethi
(Expert) 14 December 2014
1) Sub-Divisional Magistrate under Sec. 34-A of the Police Act 1861 to direct a religious organization against the use of microphones, which might hinder the rights of citizens to lead a life of peace and tranquillity.
2) by High Courts have led that the right to live in an atmosphere free from noise pollution has been upheld as the one guaranteed by Article 21 of the Constitution. These decisions are - Free Legal Aid Cell Shri Sugan Chand Aggarwal alias Bhagatji v. Govt. of NCT of Delhi and others, AIR (2001) Delhi 455 (D.B.) and P.A. Jacob v.Superintendent of Police, Kottayam, AIR (1993) Kerala. Those who make noise often take shelter behind Article 19(1)A pleading freedom of speech and right to expression. Undoubtedly, the freedom of speech and right to expression are fundamental rights but the rights are not absolute. Nobody can claim a fundamental right to create noise by amplifying the sound of his speech with the help of loudspeakers. While one has a right to speech, others have a right to listen or decline to listen. Nobody can be compelled to listen and nobody can claim that he has a right to make his voice trespass into the ears or mind of others. Nobody can indulge into aural aggression.
