Why in NEWS
The Madras High Court ruled that loud religious gatherings in residential areas require prior permission from the District Collector, even if neighbors consent. The court emphasized that freedom of religion under Article 25 cannot override others’ right to peaceful living.
Key Concepts Simplified
| Term | Explanation |
|---|---|
| Article 25 | Guarantees freedom of religion, subject to public order, morality, and health. |
| Article 21 | Guarantees the right to life, including peaceful and healthy living. |
| Noise Pollution | Unwanted or harmful sound disturbing human or animal life. |
| Air (Prevention & Control of Pollution) Act, 1981 | Recognizes noise as a form of air pollution. |
Key Highlights of the Judgment
| Issue | Court’s Ruling |
|---|---|
| Loud prayers at home | Cannot be held without District Collector’s permission |
| Neighbors’ consent | Not sufficient for public prayer with sound amplification |
| Article 25 vs Article 21 | Article 25 doesn’t permit religious acts that infringe on others’ peaceful life |
| Supreme Court Precedent (2005) | Use of loudspeakers, even for religion, is not a fundamental right |
| Noise at Home | No one can disturb others by creating noise in their own private residence |
In a Nutshell
Mnemonic: “PEACE WINS”
Prayers
Expressive
Activities
Can’t
Exceed
Well-being
In
Neighbourhood
Spaces
Prelims Practice Questions
- Which Article of the Constitution protects an individual’s right to peaceful living?
A. Article 14
B. Article 19
C. Article 21
D. Article 25 - As per the Madras High Court, can religious gatherings using loudspeakers be conducted at home without permission?
A. Yes, if neighbors agree
B. Yes, under Article 25
C. Only during festivals
D. No, permission from Collector is mandatory - Which Act includes noise as an air pollutant?
A. Environment Protection Act, 1986
B. Forest Conservation Act, 1980
C. Air (Prevention & Control of Pollution) Act, 1981
D. Water (Prevention & Control of Pollution) Act, 1974
Prelims Answers with Explanations
| Q | Answer | Explanation |
|---|---|---|
| 1 | C | Article 21 guarantees right to life, which includes peaceful and pollution-free living. |
| 2 | D | Court stated Collector’s permission is mandatory even if neighbors agree. |
| 3 | C | The Air Act, 1981 includes noise as an air pollutant under harmful concentrations. |
