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Church Of God (Full Gospel) In. vs K.K.R.Majestic Colony Welfare.

Pays/Territoire
Inde
Type de cour
Nationale - cour supérieure
Date
Aoû 30, 2000
Source
UNEP, InforMEA
Nom du tribunal
Supreme Court of India
Siège de la cour
Delhi
Juge
Shah, M.B.
Phukan., S.N.
Numéro de référence
AIR 2000 SC 2773
Langue
Anglais
Sujet
Air et atmosphère, Environnement gén.
Mot clé
Normes sur l'émission Pollution sonore (de l'environnement) Normes de qualité de l'eau Normes environnementales Normes Normes acoustiques Normes relatives aux rejets d'effluents Bruit des véhicules Émission sonore Bruit des transports aériens
Résumé
The appellant, a minority institution was in the practice of using musical instruments such as drum set, triple ganga, guitar etc. The respondent welfare Association filed a Criminal O.P before the High Court of Madras for a direction to the authorities [Superintendent of Police] to take action on the basis of the letter issued by the Joint Chief Environment Engineer of the TMPCB. In High Court it was contended by the Church that the petition was filed with an oblique motive in order to prevent a religious minority institution from pursuing its religious activities and the Court cannot issue any directions to prevent the church from practicing its religious beliefs. The High Court balanced the act by giving directions to the religious minority institution to bring down the noise level by keeping the speakers at a lower level. Aggrieved by the said order the respondents appealed to the Supreme Court. The Supreme Court held that India is a country with many religious beliefs and faith, numerous communities or sects of people reside in the same area and locality. Each reside in a sense of harmony an d peace. The Constitution has given religious institutions fundamental right to practice, profess and propagate.But the Court held that 'undisputedly no religion prescribed that prayers should be performed by disturbing the peace of other nor does it preach that they should be through voice-amplifiers or beating of drums. In our view, in a civilized society in the name of religion, activities which disturb old, infirm persons, students or children having their sleep in the early hours or during day time or other persons carrying on other activities cannot be permitted..'. The Court while adjudicating the appeal observed that in the present case, the contention with regard to the right under Art. 25 or Art. 26 of the Constitution which are subject to 'public order, morality and health' are not required to be dealt with in detail mainly because.. no religion prescribes or preaches that prayers are required to be performed through voice amplifiers or by beating of drums. In any case, if there is such practice, it should not adversely affect the rights of others including that of being not disturbed in their activities.
Texte intégral
COU-155941.pdf
Site web
www.indiankanoon.org