Mumbai: SHRC Rebukes Chembur DCP For Failing To Enforce Noise Pollution Orders On Govandi Masjids; Sets Nov 28 Affidavit Deadline

The Maharashtra State Human Rights Commission (SHRC) has issued a scathing rebuke to the Deputy Commissioner of Police (DCP), Zone 6, Chembur, for failing to enforce its orders related to noise pollution regulations concerning the use of loudspeakers in five masjids in the Govandi area.

Pranali Lotlikar Updated: Friday, November 08, 2024, 11:54 PM IST
SHRC  | Representative Image

SHRC | Representative Image

Mumbai: The Maharashtra State Human Rights Commission (SHRC) has issued a scathing rebuke to the Deputy Commissioner of Police (DCP), Zone 6, Chembur, for failing to enforce its orders related to noise pollution regulations concerning the use of loudspeakers in five masjids in the Govandi area.

The SHRC’s directive, stemming from repeated complaints of noise pollution, calls on the Commissioner of Police, the Home Department, and the Chief Secretary of Maharashtra to conduct a fact-finding inquiry and file an affidavit with the Commission by November 28. Failure to comply, the SHRC warned, may prompt further action against the police authority.

The case originated when the complainant, submitted multiple requests to the officer in charge at Deonar Police Station, citing violations of the Noise Pollution (Regulation and Control) Rules and requesting intervention under Section 38 of the Maharashtra Police Act. Despite these notices, the Deonar Police Station allegedly neglected to act.

The issued notice was based on the legal precedents and Supreme Court judgments regarding noise pollution, specifically referencing to the judgment passed in Forum for Prevention of Environment and Sound Pollution v. Union of India (AIR 2006 SC 348), which restricts loudspeaker use from 10 p.m. to 6 a.m.

The complainant also requested information under the Right to Information (RTI) Act on the permissions granted by DCP Hemraj Singh Rajput, Zone 6, for the use of loudspeakers in local masjids over the last two years. The vcomplaints were specifically against five masjids—Gausiya Masjid, Arabiya Masjid, Masjid-e-Aksa, Masjid-e-Madarsa, and Jamaat Madarsa Arabia.

The complainant alleges that despite regulations, these masjids are allegedly using non-compliant loudspeakers with a capacity beyond the permissible 35 watts and size restrictions. Photographic evidence was reportedly submitted, showing loudspeaker usage in violation of conditions set forth on the police department’s website.

In an official response, the Deonar Police Station admitted receiving the complaint but stated that instead of pursuing legal action, it had only advised mosque leaders verbally to lower speaker volumes.

Citing the Bombay High Court’s 2016 ruling and Supreme Court’s 2006 guidelines on noise control, the SHRC reprimanded the DCP and the police for their inaction, asserting that such failures compromise public welfare and disregard legal mandates

“It is apparent the DCP is too busy to comply with the Commission’s directives,” noted SHRC Chairperson Justice K.K. Tated and Member Sanjay Kumar. Consequently, the SHRC directed senior officials to ensure compliance by the November 28 deadline, warning of a Rs 5,000 penalty for each missed submission.

Published on: Friday, November 08, 2024, 11:54 PM IST

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