Removal of loudspeakers

There had been several complaints of the nuisance caused by loudspeakers, especially in religious places of worship. Pirith chanting was never done over loudspeakers in olden days and so was calling for prayer in mosques. Recently the government has banned the use of radios in buses and some such to inconvenience bus commuters. In this context it is considered best to quote an epoch verdict reported from India – Delhi High Court, for our government to consider whether our laws should be framed based on this verdict. I quote in full the news item, titled “DELHI HIGH COURT – REMOVAL OF LOUDSPEAKERS FROM RELIGIOUS PLACES” although it is lengthy, as otherwise, an abridged version may lose its importance and value.

“Delhi High Court in a bench comprising of the Acting Chief Justice has issued notice to the Union of India, government NCT of Delhi and Police Commissioner on a Public Interest Litigation (PIL) filed by the local activist Sanjiv for removal of loudspeakers from all religion structures on the grounds that their use is an encroachment on a person’s ‘Right to be left alone and spatial control’ and thus violates the newly recognised fundamental right privacy’

As a loudspeaker is not part of intrinsic to any of the religions, as all religions are 4000 to 500 year old, whereas Loud Speakers came into existence in 1924, less than 100 years ago, hence banning them will not violate Article 25 or 26 of the Constitution of India, 1949,

This observation of the Court is of utmost importance as what Supreme Court says ‘Loudspeakers do exact opposite of the same and hence violate fundamental rights of citizens of India’. This plea referred to the landmark judgement of the Supreme Court on Forum Prevention of Environment and Sound Pollution which declared the Right to Privacy as a fundamental Right as no religion ever says to force the unwilling to listen to expressions of religious belief’.

Every democratic country sanctifies domestic life. It is expected to give him rest, physical happiness, peace of mind and security. In the last resort, a person’s house where he lives with his family, is his ‘Castle’, it is his rampart against encroachment of his personal liberty

The petitioner also made his point saying ‘There may be heart patients. Patients suffering from nervous disorder may be compelled to bear this serious impact of sound pollution which has had an adverse effect on them. Toddlers, kids are equally affected “.

It is hoped not only our local environmentalists, but international organisations , pursue action on the same lines as done by Indian environmentalists to eradicate this ear-splitting nuisance.

G.A.D.SIRIMAL BORALESGAMUWA