Unabated Beating Of Drums In Muharram Is Illegal & Impressible: Calcutta HC Directs Police To Issue Notice & Regulate Open Air Kitchens

The bench while citing Church of God (Full Gospel) in India vs. KKR Majestic Colony Welfare Association & Ors. A.I.R. 2000 SC 2773 which says that no religion prescribes that a prayer should be made through noise amplifiers or beating of drums, said that it was the duty of the West Bengal Pollution Control Board to issue public notice prior to any religious festival or any congregation or any rally or any meeting to prohibit indiscriminate noise pollution.

While noting that beating of drums may be part of an activity while performing the mourning ritual on July 29, 2023, a bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya observed, “...however, unabated beating of drums is impermissible in terms of the relevant rules as well as in the light of the observations and directions issued by the Hon’ble Supreme Court…It was the duty of the West Bengal Pollution Control Board to issue public notice prior to any religious festival or any congregation or any rally or any meeting sensitising the citizens about the relevant rules, which prohibit indiscriminate noise 6 6 pollution. If what has been said by the petitioner is true namely, that beating of drums is continuing day and night in the said area, where she resides as well as in other areas in Kolkata, it is undoubtedly illegal and contrary to the relevant rules.”.

In the present matter, the petitioner stating it as a serious threat to public health and welfare, submitted that there is a ban for Azan by using loud speakers as that lasts 5 minutes only, which is certainly a religious matter, however, the non-stop beating of drums with no restriction of such intensity is illegal.

The Court also asked the police as to how have they permitted open air kitchen especially when the petitioner alleges nuisance to herself and to the members of her family and the neighborhood. Pursuant to the same, the bench further directed the police to regulate the same.

The bench then noting the circumstances and the rules established by the Apex Court in the matter, directed the Police Authorities to draw a Standard Operating Procedure (SOP) before any other religious festival or meetings or rallies that are to be conducted, where DJ music, beating of drums and other musical instruments are being used.

“The West Bengal Pollution Control Board is directed to immediately issue a public notice giving wide publicity that the noise level cannot exceed the permissible decibel, as laid down under the relevant rules and notifications and also make it clear that any violation thereof would invite penal action under the provisions of the pollution control laws”, the bench further directed.

Cause Title: Shagufta Sulaiman v. The State of West Bengal & Ors.