Case: Challenge to Executive Instructions on Loudspeaker Use

Facts of the Case:

• The Thirrusur Superintendent of Police issued executive instructions mandating prior permission for the use of loudspeakers.
• Kurien objected to this directive, arguing that it would infringe upon his fundamental right to religion.

Issue in the Case:

• Whether Kurien can successfully challenge the executive instructions regarding the use of loudspeakers on the basis of violation of his fundamental right to religion.

Principle:

• Section 5 of the Noise Pollution (Regulation and Control) Rules, 2000, enacted under the Environment Protection Act, 1986, imposes restrictions on the use of loudspeakers/public address systems.
• The rules stipulate that the use of loudspeakers requires written permission from the authority and imposes restrictions on nighttime use.
• The State Government may permit the use of loudspeakers during nighttime for cultural or religious occasions, subject to conditions.

Judgment:

• Kurien cannot object to the executive instructions requiring prior permission for the use of loudspeakers on the grounds of violating his fundamental right to religion.
• Section 5 of the Noise Pollution Rules governs the use of loudspeakers and requires obtaining permission for their use, which is within the purview of environmental regulations.
• The Supreme Court in P.A. Jacob Vs. The Superintendent of Police, Kottayam, AIR 1993 Ker., held that noise pollution caused by loudspeakers is not protected under the freedom of speech under Article 19(1) of the Constitution.
• Therefore, the executive instructions issued by the Thirrusur Superintendent of Police, mandating prior permission for the use of loudspeakers, are enforceable under environmental regulations and do not violate Kurien’s fundamental right to religion.