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NEW DELHI, INDIA, September 11, 2003: The nation’s Supreme Court on Wednesday made it loud and clear that festivities and noise cannot go together whatever religion you belong to. During the fast approaching festivals of Deepavali and Dussehra which is followed by late night Ram Lilas in most part of the country, noise nuisance would not be tolerated. It also rejected the fire cracker manufacturers’ counsel Rajiv Dutta’s plea to relax 10 pm to 6 am ban on bursting crackers so that Hindus in the South could celebrate Diwali at 3 am when oil bath is given to the God.



The ban imposed by the court would not infringe on the fundamental right to practice religion. Though the Centre said the plea to relax the timing for one day was a reasonable request, the court said it was for the state government to consider it and move the Centre for permission which in turn would petition the apex court for any modification in its detailed order on keeping the noise level within permissible decibel. A Bench of Justices R C Lahoti and Ashok Bhan said that cultural and religious consideration would not warrant a variation in the apex court’s earlier order on the issue. Senior lawyer Jitender Sharma who assisted the court in the matter recalled another judgment by which the apex court had refused the Muslims in Kolkata to use loudspeakers for early morning azaan at the mosques.



Two years ago, the court had ruled that the religious freedom to burst crackers, play loud music and use loudspeakers could not be allowed if such activities affect others right to live with peace. Religious rights guaranteed under Articles 25 and 26, a Bench headed by Justice M B Shah had said, is subject to “public order, morality and health.” Concerned with the health and well being of ailing and others, the court had said: “It should not be forgotten that young babies in the neighborhood are also entitled to enjoy their natural right of sleeping in a peaceful atmosphere. A student preparing for his examination is entitled to concentrate on his studies without there being any unnecessary disturbance by the neighbor. Similarly, old and infirm are entitled to enjoy reasonable quietness during their leisure hours without being any nuisance of noise pollution.”



HPI adds: An additional motivation for the banning of fire crackers has been to curtail the child labor involved in the dangerous production of the explosives.

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