Act against noise pollution by religious institutions: Madras HC

The freedom to profess, practice and propagate religion granted under Article 25 of the Constitution also imposed certain conditions in the interest of larger public, noted the Madras High Court, directing the State government to initiate action against the religious institutions that cause noise pollution and the ones that construct buildings in violation of rules.

By :  migrator
Update: 2021-10-28 21:51 GMT
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Chennai

Justice SM Subramaniam issued the direction after dismissing a plea moved by the Pentecostal Mission, Thoppampalayam in Erode district. 

The judge directed the Chief Secretary to issue appropriate directions, instructions or circulars to all the competent authorities across the State to ensure that all appropriate actions were initiated against violations of the Noise Pollution (Regulation and Control) Rules, 2000, and in respect of building violations in the construction of religious institutions. 

The petitioner challenged the local authorities’ decision to stop the construction of a building for a new church in Thoppampalayam. Government advocate MKD Muhilan submitted that the petitioner had started the construction without obtaining any permission from the competent authorities. He added that a report by the police stated that the local public had raised objections against the loud noise from the church causing nuisance to neighbours, which end in a melee. 

Recording the submission, the judge noted that the larger issue to be considered was about the religious right to be exercised by citizens under Article 25 of the Constitution. While exercising the right under Article 25, all are duty-bound to bear in mind that the right to life of other citizens is to be respected and violations, if any, are actionable, he said. 

“Thus, Article 25 imposes certain conditions for the exercise of religious rights subject to public order, morality and health, including many issues in the interest of the public, and the authorities competent, in the event of violations, are empowered to initiate action,” the judge held while rejecting the petition.

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