Hindu Vidhidnya Parishad has been receiving complaints from alert and patriotic citizens from various States about the nuisance caused by loudspeakers installed on mosques. Many citizens want to file petitions in the Courts.
Instead of filing individual petitions, details from various cities and towns can be clubbed before filing in the Court. However, before doing so, it is essential to submit a representation to the Police and District Collector. The draft of this complaint for citizens who are suffering from this nuisance is provided ahead.
Citizens should take acknowledgement of receipt of the complaint from the Police station and the District Collector’s office and keep it with them. Its copy should be sent to Hindu Vidhidnya Parishad by post or E-mail at the following addresses.
Sample of representation to the Police and District Collector
1. The ______ Police station
2. The District Magistrate
Subject : Nuisance caused by recitation of azans on mosques and use of loudspeakers
The District Magistrate is expected to take action upon lodging of a complaint regarding noise pollution under Section 15 of ‘Environment Protection Act’ and Section 7 of ‘Noise Pollution (Regulation and Control) Rules, 2000’, which provides for punishment up to 5 years of imprisonment and a fine of Rs. 1 lakh to the offenders.
The Police are reluctant to register an offence under the above sections when citizens file complaints about azans on loudspeakers.
The nuisance of noise pollution continues since no stringent punishment is provided for offences u/s 188 of IPC or any offence registered under the Police Act. Lack of coordination between the Administration and the Police department should not be the reason for the continued menace of noise pollution. Hence, to facilitate this coordination and with the expectation that the two will get together and find a permanent solution to the issue of noise pollution, we are submitting the petition to both of you.
There is a mosque in _______ area (mention complete address) . I have no knowledge if the mosque is authorised or not. I only know that ____ times every day (Specify the number of times in a day) the azan is recited very loudly and shrilly. It is audible for hundreds of meters, and citizens are disturbed and distressed by it.
The aged, children, students, patients and workers (who are not able to get complete sleep at dawn), are displeased with this blatant violation of sound pollution laws.
Therefore, I/we am/are requesting you to initiate and lodge a criminal complaint against the people responsible for this noise pollution and proceed to punish them with 5 years of imprisonment and a fine of Rs. 1 lakh.
I/we request that the Police visit this mosque, record the statements of people residing in the area; similarly, a panchnama of the sound level can be prepared by measuring it when the azans are being recited.
Through this letter, I/we request you to investigate thoroughly about the people who are responsible for reciting azan from this mosque, and submit a report to the District Magistrate; please do not ignore this letter.
Please follow-up with the Police and direct them to submit their report, and take punitive measures as necessary.
I/we, humbly request both of you to take cognizance of this letter at the earliest. I/we also request you not to create a situation where I/we have to initiate any Court proceedings to get rid of the nuisance of noise pollution.
(Name and address of the Complainant)
Judgment regarding sound pollution from Mosques
SUPREME COURT OF INDIA
CHURCH OF GOD ( FULL GOSPEL) IN INDIA
K.K.R. MAJESTIC COLONY WELFARE ASSOCIATION AND OTHERS
(JUSTICE M.B. SHAH and JUSTICE S.N. PHUKAN )
No religion prescribes that prayers should be performed by disturbing the peace of others nor does it preach that they should be through voice-amplifiers or beating of drums. In a civilized 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 other activities cannot be permitted.