In a significant judgment, the Calcutta High Court addressed a plea challenging the use of loudspeakers near a school for specially-abled children during Durga Puja celebrations. The petition highlighted the severe disturbance caused to the students at the school due to the loud noise emanating from a nearby puja pandal, especially as it involved children with hearing and cognitive impairments. The petitioner argued that the noise levels were not only disrupting the children's education but also violating their right to a peaceful environment, which is essential for their well-being and development.
Court's Observations
While hearing the case, the Calcutta High Court criticized the unbridled use of loudspeakers during religious festivals, particularly in residential and educational areas. The Court remarked that some puja committees have started to believe that their festivities and celebrations take precedence over all other concerns, including the well-being of children and public peace. The Court went as far as to say that such committees "think they are bigger than God," implying that their actions—despite being in violation of noise pollution regulations—were being carried out with complete disregard for others' rights and comfort.
Legal Position on Noise Pollution
The Court emphasized the legal provisions concerning noise pollution and the need for a balanced approach to religious and public celebrations. It underscored that while the right to celebrate festivals is constitutionally protected, it should not come at the cost of disturbing public tranquility, especially in sensitive areas like schools for children with disabilities. The Court directed the authorities to take appropriate action to regulate the use of loudspeakers and prevent further disturbances, ensuring that the rights of the children were upheld.
Conclusion
This ruling by the Calcutta High Court serves as a reminder that while religious and cultural celebrations are important, they must be conducted in a manner that respects the rights of others, particularly vulnerable groups. The Court’s strong language highlights the need for greater accountability and respect for noise pollution norms during festivals.
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