INTRODUCTION
People in India come from many faiths, and our Constitution makes space for all of them to be practised freely. Every day, we hear sounds of prayers from different places-like azaans from mosques, aartis from temples, and hymns from gurudwaras. Sometimes there are night-long jagrans or big religious processions during festivals. These are all a part of what makes India so special, where different faiths are not just respected, but also openly celebrated.
But while these events bring joy to many, they can sometimes cause problems too. For example, when religious loudspeakers are used very early in the morning or late at night, or if the sound is too loud, it might disturb others. This creates a kind of conflict between two important rights: the right to practice religion (Article 25) and the right to live peacefully (Article 21).[1] According to the Noise Pollution (Regulation and Control) Rules, 2000[2], framed under the Environment (Protection) Act, 1986, noise is recognised as a pollutant when it exceeds prescribed ambient standards and causes harm to human health or well-being. The World Health Organisation [3] also defines noise as “unwanted sound” and warns that excessive exposure can lead to sleep disturbance, hypertension, and cognitive impairment. Let’s explore how Indian law deals with situations where religious practices, like the use of loudspeakers, cross the line into noise pollution.
CONSTITUTIONAL CONFLICT: ARTICLE 25 VS. ARTICLE 21
Before diving into the laws dealing with noise pollution and environmental protection, it’s important to understand the constitutional dilemma that emerges from the overlap of two fundamentalrightse freedom to follow one’s religion and the right to live peacefully.
Freedom of Religion (Article 25)[4]
Article 25 of the Indian Constitution gives every person the right to follow and practice their religion freely. But this freedom isn’t unlimited. It comes with certain rules-it should not disturb public peace, harm others, or affect their health.
This means you can perform your religious rituals, but only as long as they don’t hurt or disturb others. Also, if a religious activity involves things that are not directly religious-like managing money, organising public events, or loud sound systems, the government can regulate those parts, especially if they affect others. The Supreme Court in Rev. Stainislaus v. State of Madhya Pradesh[5] affirmed that religious freedom under Article 25 is not absolute and can be restricted to maintain public order and prevent harm to others.
Protection of Life and Personal Liberty (Article 21)[6]
Article 21 says that every person has the right to life and personal freedom. This doesn’t just mean the right to be alive; it also means the right to live with dignity, to sleep peacefully, and to enjoy a clean and quiet environment. The Supreme Court has interpreted Article 21 broadly to include these aspects. In Francis Coralie Mullin v. Administrator, Union Territory of Delhi[7], the Court held that the right to life includes the right to live with human dignity and access to necessities. Similarly, in Vellore Citizens Welfare Forum v. Union of India[8], the Court recognised the right to a clean environment as part of the right to life.
This is where the problem arises: if religious noise becomes a regular disturbance, like through loudspeakers at odd hours, it could be seen as infringing on another person’s right to live with dignity and peace. So the law ends up trying to balance both sides-your right to pray and your neighbour’s right to peace.
Outcome
Courts have made it clear; no right automatically wins over another. What matters is the specific situation and how the two rights interact. Religious freedom cannot extend to harming public health, and similarly, the right to life cannot unjustifiably suppress genuine religious expression. Hence, the ruling of any case would be contingent on the situation and facts of the case. This principle was affirmed in P. Naveen Kumar v. The District Collector and Ors[9], where the Madras High Court balanced religious liberty with public health concerns, reinforcing that constitutional rights must be interpreted in context.
LEGAL FRAMEWORK ON NOISE POLLUTION IN INDIA
There are certain legislations made by the Indian Government that give guidelines and rules that ensure the protection of the environment as well as the public. In India, noise rules mainly come from the Environment (Protection) Act, 1986. This law says breaking noise pollution norms can even lead to jail or fines. Under Section 15, Violations of environmental rules, including noise pollution norms, lead to penalties of imprisonment or a fine (fine up to ₹1 lakh or imprisonment up to 5 years)[10]. The Noise Pollution (Regulation and Control) Rules, 2000, which were framed under this Act, provide detailed regulations.[11]
These rules specify:
- Permissible noise levels in different zones (industrial, commercial, residential, and silence zones)
- Rule 5A: Ban on use of loudspeakers/public address systems without prior written permission, especially between 10 PM and 6 AM.
- Rule 3:Categorisationn of areas (industrial, commercial, residential, silence zones) and respective decibel limits
- Rule 6: Enforcement mechanism by State Pollution Control Boards
States also apply their laws under respective Police Acts and Municipal by-laws, often requiring written permissions for religious processions or the use of loudspeakers. For instance, under the Bombay Police Act, 1951[12], the police have the authority to regulate public assemblies and processions, and may require prior written permission for events involving loudspeakers or public gatherings that could affect public order.
KEY JUDICIAL PRECEDENTS
- Church of God (Full Gospel) in India v KKR Majestic Colony Welfare Association (2000)
The Supreme Court held that religious practices involving noise must conform to decibel limits under environmental law. The right to practice religion does not include creating a nuisance.[13]
- In Re: Noise Pollution – Implementation of Laws (2005)
This case led to a nationwide ban on the use of loudspeakers between 10 PM and 6 AM, reinforcing that religious freedom is subject to reasonable restrictions.[14]
- P A Jacob v Superintendent of Police (1993)
The Kerala High Court ruled that even if noise is part of religious observance, it must not disturb others’ rights to peace.[15]
- Afzal Ansari v State of UP (2020)
The Allahabad High Court clarified that reciting Azaan is a protected religious practice, but using a loudspeaker for the same is not a fundamental right.[16]
CHALLENGES IN IMPLEMENTATION
Despite clear laws and judgments, enforcement remains weak. Authorities are often reluctant to act due to religious sensitivities or political pressure. Religion is a very sensitive topic in India. Also, with political agendas involving religion to garner votes and try to divide religions, it becomes very difficult to bridge the growing gap among the people. The Status of Policing in India Report 2025[17] reveals that law enforcement is often shaped by religious and political bias, leading to inconsistent application of laws and a failure to protect constitutional rights in practice. Many districts lack noise monitoring equipment, and citizens fear social backlash when filing complaints. Moreover, festival seasons often see widespread violations of decibel norms, particularly in urban areas. Most of the time, people don’t even report these violations, or they’re ignored. People may remain unaware of the long-term consequences of these practices that can deteriorate nature as well as public health over time.
CONCLUSION
To move ahead, we need to figure out how faith and health can exist side by side, without one harming the other. This would not only safeguard the religious sentiments of the people but also protect their right to life and personal liberty. This would avoid any clashes between religious activities and public health concerns. To do this, the government must strengthen its law enforcement. Local authorities must be equipped with sound meters and training. Citizen reporting frameworks and helplines must be set up and established. Also, legal reform is necessary, whereby there would be compulsory permissions with decibel guarantees for religious events. These standards should be uniform throughout the nation to avoid any discrimination or bias based on area or religion. Another reform that can be brought is to encourage silent processions and promote interfaith understanding, where people would live with mutual respect and have noise control. It must be recognised that regulating the noise produced by worship would in no way dilute or reduce the sanctity of the worship. The issue of religious noise pollution lies at the intersection of law, faith, and civic order. India’s Constitution is not anti-religion, but it is also not permissive of public nuisance in the name of religion. The best approach lies in balancing individual freedom with collective rights. Through precedents, the courts have shown the way; now it is time for effective enforcement and community cooperation to walk it. As highlighted in a recent academic essay, meaningful change requires a legal framework that respects religious liberty while enforcing environmental and public health standards[18]. Reforms and public awareness are the cornerstones that can bring about changes that would make our nation a secular nation based on mutual respect, peace, and tolerance for all religions.
Author(s) Name: Sidhika Jaswal (Lovely Professional University)
Referencess:
[1] Constitution of India 1950, arts 21, 25.
[2] Noise Pollution (Regulation and Control) Rules 2000, framed under the Environment (Protection) Act 1986, Act No. 29 of 1986.
[3] World Health Organization, Environmental Noise Guidelines for the European Region (2018) <https://www.who.int/publications/i/item/9789289053563> accessed 9 August 2025.
[4] n 1
[5] Rev. Stainislaus v State of Madhya Pradesh AIR 1977 SC 908.
[6] n 1
[7] Francis Coralie Mullin v Administrator, Union Territory of Delhi AIR 1981 SC 746.
[8] Vellore Citizens Welfare Forum v Union of India AIR 1996 SC 2715.
[9] P Naveen Kumar v The District Collector and Ors Madras HC, 17 May 2024.
[10] Environment (Protection) Act 1986, s 15.
[11] Noise Pollution (Regulation and Control) Rules 2000, rr 3, 5A, 6.
[12] Bombay Police Act 1951 (Bombay Act No. 22 of 1951).
[13] Church of God (Full Gospel) in India v KKR Majestic Colony Welfare Association (2000) 7 SCC 282.
[14] In Re: Noise Pollution – Implementation of Laws (2005) 5 SCC 733.
[15] P A Jacob v Superintendent of Police 1993 SCC OnLine Ker 110.
[16] Afzal Ansari v State of UP 2020 SCC OnLine All 906.
[17] Status of Policing in India Report 2025, Common Cause and Lokniti-CSDS <https://frontline.thehindu.com/news/bias-in-indian-policing-report-2025/article69415354.ece> accessed 9 August 2025.
[18] Astha Srivastava and Akanksha Jamre, ‘Noise Pollution: Balancing Religious Freedom and Environmental Protection’ (Lawful Legal, 7 June 2025) <https://lawfullegal.in/noise-pollution-balancing-religious-freedom-and-environmental-protection/> accessed 9 August 2025.
