Use of Loudspeakers and Right to religion

Use of Loudspeakers and Right to religion: The Bombay High Court recently directed the Maharashtra government to have an in-built mechanism to control decibel levels in loudspeakers, and said that use of loudspeakers not essential part of religion.

  • Judicial Observations: Use of loudspeakers is not an essential part of any religion and is not protected under Article 25 of the Constitution.

o Article 25 guarantees the freedom of religion to all citizens. It also gives the right to freedom of conscience

  • Right to religion: Article 25-28 guarantees the fundamental right to freedom of religion with some reasonable restrictions.
  • Doctrine of “essentiality”:

o Introduction: Introduced by the SC in the Shirur Mutt’ case in 1954.

o Court interpretation: The term religion will include those rituals that are integral to a particular religion.

ü The responsibility of determining what is included within the ambit of integral religious practices was left with the courts.

o Important cases and interpretations:

ü Sri Venkataramana Devaru vs State of Mysore case (1958): Estrictions on entry into temples for some sections are not integral practice and are unconstitutional and void.

ü Aishat Shifa v. state of Karnataka (2022): Related to hijab Court allowed hijab in schools & colleges and held that the issue is not only related to religious practices but also freedom of expression (Article 19).