Noise pollution in the name of religious activities by neighbours during the day and night time.

Question

► Our neighbours are placing huge party speakers for aarti and other bhajans for dashamaa. These are unbearable decibels especially at night for 2-3 hours. Despite requesting t2-3 times, they have refused. Infact they threaten as they all collectively come together and say that they have all bought a flat here. These are illiterate people so that intellectual levels are at rock bottom and they say the request as an opposition. It is a small flat we have, and despite keeping our doors shut causes claustrophobia. We cannot breathe, we cannot sleep as doors and windows vibrate. What legal advice would you give me so that they understand, it is our right to sleep and live peacefully. We are always mindful, that because of us nobody gets uncomfortable and we don't even speak loudly. I dont want to spend a lot of money on this but want to make them understand the seriousness of this fact because I am just 45, but suffer from low BP. Stress levels cause severe problems to me. And I am unable to focus on work during the day time also, as I work from home. Still I have never asked to reduce the volume during the daytime. Kindly advise.

Answer 1

Dear Client,

I understand your legal query and would like to give you my legal opinion on your matter. According to your Case I let you know that using of speakers between 10 AM to 6 AM is prohibited under Rule 5 of the Noise Pollution (Regulation and Control) Rules, 2000, even if it meant for preaching religious practice. Under Article 21 of the Constitution you have the right to peaceful sleep at night without any excessive noise. As you tried requesting them to turn the volume down due to the disturbance caused you can Call on 112 for helping in shutting the noise especially at night time.

You can file a noise Complaint in your nearest Police Station.

Lastly you can file a complaint before the magistrate of your local court for Public Nuisnace under Section 152 Bharatiya Nyaya Suraksha Sanhita,2023 so that an order restraining the noise being made by them be put to control at nightime.

Hope this helps

If you require detailed legal advice, discussion of your documents, or guidance regarding the further legal course of action, you may opt for a one-to-one consultation.

OLQ LAW FIRM

Answer 2

Dear Sir,

You have a legally enforceable right to peaceful enjoyment of your home, including the right to sleep and live without excessive noise. The fact that the noise is being generated for a religious activity such as aarti or bhajan does not give your neighbours an unrestricted right to use huge loudspeakers at whatever volume or time they choose.

The important point is to avoid making this a religious dispute. Your complaint should be entirely about noise, excessive volume, timing, disturbance and your right to peaceful residence. That makes your position much stronger and avoids unnecessary confrontation.

You can specifically request the police/pollution authority to conduct an official noise-level measurement at your residence during the period when the speakers are operating.

Answer 3

Dear Client,

According to the Noise Pollution (Regulation and Control) Rules, 2000, using loudspeakers during nighttime (from 10 PM to 6 AM) is generally illegal without special permission. You have the right to enjoy peace and comfort in your home. Since direct requests have not solved the issue and your health is affected, you might want to call the police helpline (112) while the noise is going on. You can also file a written complaint with the police for public nuisance according to Section 270 of Bharatiya Nyaya Sanhita (previously Section 268 IPC). To find cost-effective legal redress, you can approach the local magistrate according to Section 152 of the Bharatiya Nagarik Suraksha Sanhita (previously Section 133 CrPC) to ask for a conditional order prohibiting the nuisance.

I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you

Noise pollution in the name of religious activities by neighbours during the day and night time.

3 Answers