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Justice S.M.Subramaniam of the Madras High Court in a recent decision observed that all Religious Institutions must adhere to the Rules of law for the purpose of conducting their respective religious activities, any irregularity ought to be viewed seriously by the Government. The Court was hearing a writ petition, wherein the petitioner church started expanding its building without obtaining proper Building Plan Approval from the Competent Authorities.

It was contended by the respondents that the petitioner church started expanding its building without obtaining proper Building Plan Approval from the Competent Authorities. Further, that the petitioner’s usage of loudspeakers were totally prohibited and creation of noise beyond the prescribed level prohibited under the Noise Pollution Rules. Such use of loudspeakers in the middle of the night and morning hours was causing greater inconvenience to the people of that locality, more specifically, children, sick and aged people.

VIEW OF COURT

The Court observed that right to life under Article 21 is an absolute fundamental right and exercise of fundamental right under Article 25 is subject to the right to life enunciated under Article 21 of the Constitution of India. Thus, every citizen while exercising the right under Article 25 is duty bound to borne in mind that the right to life of other citizen is to be respected.

The Court further observed that the State is duty bound to ensure that all such religious rights are being exercised by any citizen in the manner contemplated and to the extent permissible under the Constitution of India. Terming the activities as ‘illegal’, the court noted:

“Merely by creating sentiments in the public or in any religious places, no person can be allowed to carry on any such illegal activities or otherwise. Encroachments, usage of loudspeakers causing disturbance and nuisance are to be viewed seriously and all necessary actions are to be initiated for the purpose of restraining such persons from creating such nuisances or disturbances to the public at large.”

The Court noted that, “In our country, it is most common that many such Religious Institutions are causing nuisance and disturbances.” More particularly, the Court noted that there are many Religious Institutions across the State of Tamil Nadu who are violating the noise pollution and Regulation Control Rules and the provisions of the other Statutes. However officials are insensitive in the matter of initiation of actions regarding such violation. Further people are also afraid to lodge complaints as they are afraid of religious sentiments and fringe groups.

In conclusion the Court noted that the petitioner is allowed to carry on religious activities only after gaining proper building plan approval. Any illegal structure has been ordered to be demolished. Further, the Court suo-motu impleaded the Chief Secretary Tamil Nadu, to issue necessary directions/circulars/instructions to all the Competent Authorities across the State of Tamil Nadu to ensure all appropriate actions are initiated against illegalities and irregularities in religious activities, including noise pollutions and building violations.

The Pentecostal Mission v. The District Collector