IMPORTANT DECISIONS ON RIGHTS OF RELIGIOUS INSTITUTIONS TO USE LOUD SPEAKERS

Religious denomination has  right to establish places of worship, subject to public order, morality and health. No right to run prayer hall causing nuisance to the neighbourhood. No loudspeakers or drum shall be permitted to be used. [ Suresh Chandran vs District Collector. 2005 (3) KLT 538. K.Balakrishnan Nair (J)]m

Constitution of India - Art. 19(a) - Loudspeakers - Right to use - Sound Pollution.

The right to use a loudspeaker is not a fundamental right in itself. Sound pollution right in itself. Sound pollution is an accepted danger, and indiscriminate use of loud speakers cannot be permitted. Every freedom has its frontiers. It is liable to be clipped, on grounds of public order, morality and decency. Disaffection, sedition, riots, etc. will be valid grounds for restraint. [Venu Vs Director General of Police. 1990(2) KLT 86. {C.Sankaran Nair. {J}]

tion of India - Art. 19 - Right to use a sound amplifying device is not fundamental - Use of Loudspeakers is not a fundamental right and freedom of speech.

A debate of ideas is essential in any free society. The right to speech implies the right to silence. It implies freedom, not to listen, and not to be forced to listen to listen. The right is subordinate to peace and order.

Exposure to high noise, is a known risk and it is proved to cause bio-chemical changes in man, elevating levels of blood catecholamine, cholesterol, white cell counts and lymphocytes. Sound levels generally caused by loud speakers transfer's safe limits by a wide margin. Loud speakers have become part of political, social, religious and cultural life of this country. [Jacob vs. Superintendent of Police. 1992(2) KLT 238. {C.Sankaran Nair. J}]

Constitution of India. Art. 19 - Loud-speaker - Noise pollution - Right to use loudspeaker is not a fundamental right in itself- Sound pollution is an accepted danger and indiscriminate use of loudspeaker cannot be permitted- pernicious problem.

The right to use a loud speaker is not a fundamental right in itself. Sound pollution is an accepted danger and indiscriminate use of loud speakers cannot be permitted. A loudspeaker is a lively symbol through, which vibrates the robust as well as virulent notes emanating from Art.19 (1) (a) of the Constitution; both are unnecessary to sustain openness in a democracy. The untrammeled blare of loud speaker in the premises of a courtroom is a menace, which hampers the administration of justice. . [ Hariprasad Vs S.I.of Police. 1996(2) KLT 153 = ILR 1996(3) Ker 501. {K.P.Dandapani (j)}]