Allahabad HC Bans DJs And Passes Directions For Regulating Use of Loudspeakers
Allahabad High Court Bans DJs and Passes Directions for Regulating Use of Loudspeakers
1. Background
The use of loudspeakers and DJs (Disc Jockeys) at public events such as weddings, festivals, and political rallies often causes noise pollution, disturbing public peace and affecting the health and well-being of residents. Noise pollution has been recognized as a serious environmental and social concern in India.
Responding to public interest litigations and complaints, the Allahabad High Court took cognizance of the issue and passed orders to ban DJs temporarily and to regulate the use of loudspeakers to protect citizens’ right to peace and environment.
2. Key Directions Issued by Allahabad High Court
2.1 Ban on DJs
Complete ban on DJs in residential areas and public places during specified hours.
Temporary ban during night-time to avoid disturbance to sleep and rest.
2.2 Regulation of Loudspeakers
Loudspeaker usage to be limited to permitted hours (usually daytime only).
Decibel levels of loudspeakers must be controlled as per permissible limits.
Prior permission from local authorities must be obtained for using loudspeakers.
Strict penalties and enforcement mechanisms to be implemented for violations.
2.3 Awareness and Enforcement
Local administration to be vigilant and proactive.
Public to be made aware of adverse effects of noise pollution.
Police and municipal authorities to take action against offenders.
3. Legal Basis and Reasoning
The Court relied on constitutional rights and environmental laws, balancing the rights to:
Freedom of Speech and Expression (Article 19(1)(a)) – which includes the right to use loudspeakers.
Right to Life (Article 21) – which includes the right to a healthy environment and peaceful living.
Court emphasized that:
Noise pollution is a public nuisance affecting health, peace, and quality of life.
The use of loudspeakers and DJs must be regulated in the interest of the public.
The right to peaceful environment cannot be sacrificed in the name of celebrations.
4. Relevant Case Law
📌 Kanchan Chopra v. Union of India, (1996) 2 SCC 648
The Supreme Court laid down guidelines to regulate the use of loudspeakers.
Held that loudspeakers can be used only with permission and within prescribed time limits.
Noise pollution was declared a violation of the right to health and hence, right to life under Article 21.
📌 Maneka Gandhi v. Union of India, AIR 1978 SC 597
The Supreme Court ruled that the right to life under Article 21 includes the right to live in a healthy environment.
Noise pollution adversely affects this right.
📌 Ratan Singh v. State of Haryana, AIR 2018 P&H 53
The Punjab and Haryana High Court upheld restrictions on loudspeakers and amplified music, stressing protection of peace and health.
📌 Subhash Kumar v. State of Bihar, AIR 1991 SC 420
Noise pollution recognized as a public nuisance affecting health and comfort.
Courts have powers to regulate to protect the environment.
5. Impact and Significance
The Allahabad High Court’s order has led to heightened awareness and enforcement regarding noise pollution.
Encourages local bodies to implement strict noise control laws.
Protects citizens’ right to peaceful living environment.
Balances cultural celebrations with public health and safety.
6. Conclusion
The Allahabad High Court’s ban on DJs and regulation of loudspeakers underscores the judiciary’s commitment to protecting public health and environment from noise pollution. These steps aim to ensure that the constitutional right to a healthy and peaceful life is upheld, without unduly infringing on the rights of others to celebrate and express themselves.
RELATED Blog
0 comments