“No religious practices should disturb peace of society” was held in the case of _____.
(a) Vellore Citizen Forum Case
(b) Ganga Pollution Case
(c) Church of God (Gospel) in India-Vs.-K.K.R. Majestic รจ
(d) Taj Trapezium Case.
Loudspeaker case 1999
This case is related to the noise pollution.
The appellant, a minority institution was in
the practice of using musical instruments such as drum set, triple ganga,
guitar etc. The respondent welfare Association filed a Criminal O.P before the
High Court of Madras for a direction to the authorities [Superintendent of
Police] to take action on the basis of the letter issued by the Joint Chief
Environment Engineer of the TMPCB.
In High Court it was contended by 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 directions to prevent the church from practicing its
religious beliefs. The High Court balanced the act by giving directions to the
religious minority institution to bring down the noise level by keeping the
speakers at a lower level.
But the Court held that 'undisputedly no
religion prescribed that prayers should be performed by disturbing the peace of
other nor does it preach that they should be through voice-amplifiers or
beating of drums.
In our view, in a civilized society in the
name of religion, activities which disturb old, 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..'.
The Court while adjudicating the appeal
observed that in the present case, the contention with regard to the right
under Art. 25 or Art. 26 of the Constitution which are subject to 'public
order, morality and health' are not required to be dealt with in detail mainly
because.. no religion prescribes or preaches that prayers are required to be
performed through voice amplifiers or by beating of drums. In any case, if
there is such practice, it should not adversely affect the rights of others
including that of being not disturbed in their activities.
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