By : Aishwarya Bazaz

H. Lalroangi
Pranvi Kaur
Snigdha Roy
FACTS IN ISSUE
 Whether a particular community or sect of that community
can claim right to add to noise pollution by beating drums or
reciting of prayers by use of microphones and loudspeakers
so as to disturb the peace and tranquillity of neighbourhood
on the ground of religion?
 Whether the appellant can be permitted to violate the
provisions laid down under Noise Pollution (Regulation and
Control) Rules, 2000?
 Whether the right to profess and practice Christianity which
is protected under Articles 25 and 26 of the Constitution is
violated by the order of the High Court?
 Whether the judgement relied upon by the High Court
(Appa Rao Case) empowered the concerned authorities to
interfere in religious practices?
FACTS OF THE CASE
 The appellant is the Church of God (Full Gospel) (Church
for short) located at K.K.R. Nagar.
 It has a prayer hall for the Pentecostal Christians and is
provided with musical instruments such as drum set, triple
gango, guitar etc.
 KKR Majestic Colony Welfare made a complaint on
15.5.1996 to the Tamil Nadu Pollution Control Board
stating therein that prayers in the Church were recited by
using loudspeakers, drums and other sound producing
instruments which caused noise pollution thereby
disturbing and causing nuisance to the normal day life of
the residents of the said colony.
 Complaints were also made to the Superintendent of
Police and the Inspector of Police.
 The Joint Chief Environmental Engineer of the Board on
23.5.1996 addressed a letter to the Superintendent of
Police, to take action on the complaint.
Contd.
 On 12.6.1996, The Joint Chief Environmental Engineer of the Board
again addressed a letter to Superintendent of Police closing therewith
the analysis report of the Ambient noise level survey conducted in the
vicinity of the appellants church hall which disclosed that noise
pollution was due to plying of vehicles on the Madhavaram High
Road.
 Welfare Association filed a case before the High Court of Madras for a
direction to Superintendent of Police and the Inspector of Police to
take action on the basis of the letter issued by the Joint Chief
Environmental Engineer of the Board.
 In the High Court, it was contended by learned counsel for the Church
that the petition was filed with an oblique motive in order to prevent a
religious minority institution from pursuing its religious activities and
the Court cannot issue any direction to prevent the Church from
practicing its religious beliefs. It was also submitted that the noise
pollution was due to plying of vehicles and not due to use of
loudspeakers etc.
 The learned Judge referred to the decision of the High Court in Appa
Rao, M.S. v. Government of Tamil Nadu & Another where certain
guidelines have been laid down for controlling the noise pollution.
 HIGH COURT JUDGEMENT

The learned Single Judge also referred to other decisions and

directed the Superintendent of Police and the Inspector of Police to
follow the guidelines issued in Appa Raos case and to take
necessary steps to bring down the noise level to the permitted
extent by taking action against the vehicles which make noise and
also by making the Church to keep their speakers at a lower level.
He further held that the Survey report submitted by the Board would
go to show that the Church was not the sole contributor of the noise
and it appeared that the interference of noise was also due to plying
of vehicles. The learned Judge pointed out that there was nothing of
malice and malicious wish to cause any hindrance to the free
practice of religious faith of the Church and if the noise created by
the Church exceeds the permissible decibels then it has to be
abated.

 Aggrieved by the order of the High Court, an appeal by Special

Leave was filed under Article 136 of the Constitution by the Church
in the Supreme Court.
 ARGUMENTS
SL. APPELLANT
NO.
1. The two surveys reports of the
SPCB attributed the noise
pollution in area to the vehicular
traffic.
2. Authorities are not empowered to
interfere in religious practices of
any community.
Case: M.S Appa Rao v. State of
Tamil Nadu and Another.
3. Fundamental right to freedom of
conscience and free profession,
practice and propagation of
religion along with freedom to
manage religious affairs under
Article 25 and 26 of the
Constitution of India is being
violated.
RESPONDENT
The appellant has deliberately
given religious colour to the cause
of action.
The order of the High Court is
only with regard to reducing noise
pollution in that area.
The High Court can pass an order
to protect and preserve every
fundamental right of citizen under
Article 19(1)(a) of the Constitution
of India.
Case: Om Birangana Religious
Society v. The State and Others.
 AIR QUALITY STANDARDS IN
RESPECT TO NOISE
AREA LIMITS IN DAY TIME LIMITS IN NIGHT TIME

INDUSTRIAL AREA 75dB 70dB

COMMERCIAL AREA 65dB 55dB

RESIDENTIAL AREA 55dB 45dB

SILENCE ZONE 50dB 40dB

SUPREME COURT JUDGEMENT
 The contention with regard to the rights under Article 25 or Article 26 of the Constitution
which are subject to public order, morality and health are not required to be dealt with in
detail mainly because as stated earlier no religion prescribes or preaches that prayers
are required to be performed through voice amplifiers or by beating of drums.If there is
such practice, it should not adversely affect the rights of others including that of being not
disturbed in their activities.
 Acharya Maharajshri Narendra Prasadji Anand Prasadji Maharaj and Others v. The State
of Gujarat & Others.
 The Court also observed that a particular fundamental right cannot exist in isolation in a
water-tight compartment. One Fundamental Right of a person may have to co-exist in
harmony with the exercise of another Fundamental Right by others also with reasonable
and valid exercise of power by the State in the light of the Directive Principles in the
interests of social welfare as a whole.
 Because of urbanization or industrialization the noise pollution may in some area of a
city/town might be exceeding permissible limits prescribed under the rules, but that would
not be a ground for permitting others to increase the same by beating of drums or by use
of voice amplifiers, loudspeakers or by such other musical instruments and, therefore,
rules prescribing reasonable restrictions including the rules for the use of loudspeakers
and voice amplifiers framed under the Madras Town Nuisance Act, 1889 and also the
Noise Pollution (Regulation and Control) Rules, 2000 are required to be enforced .
 Hence, the High Court has rightly directed implementation of the same. In the result, the
appeal is dismissed.
THANK YOU