Right to Peace Over Noise | 18 Jul 2025
The Madras High Court has ruled that religious gatherings, which include loud public prayers, cannot be held in residential premises without prior permission from the District Collector.
- The respondents argued they had neighbours’ consent and protection under Article 25 (freedom of religion), claiming the chants promoted peace.
- However, the court ruled that religious freedom cannot override others’ right to peace, stressing that prayer should be personal and not cause public disturbance.
- This ruling echoes an earlier Supreme Court of India judgment that prioritized the right to peace and protection from noise pollution.
- In 2005, the Supreme Court ruled that noise pollution violates Article 21, which ensures the right to life and peaceful living. It clarified that using loudspeakers, even for religious purposes, is not a fundamental right.
- The Court made it clear that it’s not about religion, but about protecting others from being a forced audience to noise.
- Article 21 ensures the right to peace, and no one has a right to create noise that disturbs others, even in their own home.
- In 2005, the Supreme Court ruled that noise pollution violates Article 21, which ensures the right to life and peaceful living. It clarified that using loudspeakers, even for religious purposes, is not a fundamental right.
- Under the Air (Prevention and Control of Pollution) Act, 1981, "air pollutant" includes noise if present in harmful concentrations that can harm humans, animals, plants, property, or the environment.
| Read more: Regulating Right to Freedom of Religion |