Use of Loudspeakers is Not Essential to Religion: HC

Syllabus: GS2/Polity and Governance

Context

• The Bombay High Court held that no one can claim that their right to practise religion has been violated when permission to use a loudspeaker is denied.

About

• The use of loudspeakers and public address systems (PAS) cannot be deemed an essential religious practice that ought to be protected by law.
• The HC ruling referred to the 2016 verdict in Dr Mahesh Vijay Bedekar v Maharashtra, which had directed strict implementation of the Noise Pollution (Regulations and Control) Rules.
  • Under The Noise Pollution (Regulation and Control) Rules, 2000, noise levels in residential areas during the day must not exceed 55 decibels and, at night, 45 decibels.

Essential Religious Practices (ERP) Doctrine

• The essential religious practices (ERP) doctrine governs which religious practices are protected under Articles 25 & 26 of the Constitution.
  • Article 25 guarantees freedom of conscience and free profession, practice and propagation of religion.
  • Article 26 gives the right to manage religious affairs. 
• Essential religious practices are those that are vital or fundamental to religion and if they are not followed, the religion itself will change.
  • The Essential Religious Practices doctrine was intended to protect religious autonomy rather than undermine it.
• The Doctrine has evolved significantly as a result of various judicial precedents.
  • The Doctrine was originally conceived in the Madras v. Shirur Mutt Case, in which the Court made a distinction between ‘religious’ and ‘secular’ practices.
  • Religious practices were considered to be those of the utmost importance to the religion and secular activities were defined as practices associated with religion but do not really constitute an essential part of it.

Source: IE