Calcutta High Court division bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya on Wednesday ordered West Bengal Police and West Bengal Pollution Control Board to check the sound pollution as result of unabated drum beating on the occasion of Muharram.
The bench also directed the state police to issue a public notice.
As per the order, the authorities must mention the deadline about drum beating or use of sound-boxes. The court gave the order on a petition filed by an individual complaining of sound-related population on the occasion of Muharram every year.
The bench also ordered that use of microphones or sound-boxes, and during the deadline period, should have sound-limiters. The state government’s counsel argued that there will be extreme difficulty in implementing the order within such a short notice.
However, the division bench did not accept the argument and also did not accept the state government’s argument that drum beating was an inseparable part of the festival.
“Unabated beating of drums is impermissible since it is contrary to the existing laws. So the police will have to issue a public notice regulating the timing of drum beating,” the Chief Justice observed.
He also emphasised on the state government maintaining a balance between “right to enjoyment of religion” and the “right to life”. The Muharram festival this year will be celebrated on July 29.
The division bench also took note of the submission by the state government counsel that the drum beating on the occasion happens between 6 A.M. and 10 P.M. The bench observed that even 8 A.M was too early considering the interests of school, children, aged and ill persons.
“At the same time, it cannot be permitted after 7 A.M,” the Chief Justice observed.
He also observed that despite having strong sound pollution laws, often the competent authorities have failed to implement them.