On 9 November 2007, the Supreme Court gave its decision in a case where, in simplified terms, the right of one party to use loudspeakers was weighed against the annoyance, disturbance and harm caused to those other parties who are compelled against their will to listen to the amplified sounds which emanate from these loudspeakers. This judgment has been greatly acclaimed. However, some readers may not have had the opportunity of reading the entirety of the order, which contains much valuable information regarding the position of the law in respect of noise pollution, especially that caused by the inconsiderate use of loudspeakers. In the belief that more citizens should be made acquainted with the essence of the judgment, the Citizens’ Movement for Good Governance (CIMOGG) examines some of the highlights.
One issue considered by the Court was whether it was permissible to force members of the general public to become captive listeners – in violation of their right to silence and the quiet enjoyment of property – on the grounds that a noise, which is an annoyance to the neighbourhood, is protected if it is made in the course of a religious ceremony, particularly if the Police have issued a license for the use of loudspeakers under Section 90 of the Police Ordinance of 1865. The Court held that nobody can claim the fundamental right to create noise by amplifying the sound of his speech with the help of loudspeakers because, just as much as one has the right of speech, others have the right to listen or decline to listen. Nobody has the right to make his voice trespass into the ears or minds of others.
As for the religious aspect, the Court has stated clearly that no religious body is entitled, by reason of claimed religious practice, to commit a public nuisance. A police permit is not a protection against being charged for creating a public nuisance under Section 261 of the Penal Code. The Court has indicated that there is no requirement in the teachings of any religion that loudspeakers should be used in its rituals. Indeed, all of us know that, for a large proportion of the life of the major religions, loudspeakers did not even exist. Happily, judging by the letters appearing in our national newspapers, many of the complaints against Muslim loudspeaker noise come from Muslims themselves and many of the complaints against Buddhist loudspeaker noise come from Buddhists. There has not been much comment from the followers of the other religions, which may, perhaps, be taken as their acceptance of the reasonableness and fairness of the order of the Court.
Historically, there is reason to believe that the increasing use of loudspeakers in Sri Lanka for religious purposes owes its origin to a Atit-for-tat factor, which has built up over the years since the early 20th century, and that it is this factor that is at the heart of the competitive amplification of religious sounds. It is very much to be hoped for that this rivalry will cease as a result of the Supreme Court’s judgment. The Court also made it quite clear that Sri Lanka is a secular state and, constitutionally, protecting the environment and safeguarding public health require that there can be no exceptions to accommodate the perceived religious propensities of one group or another. The idea must not be entertained that an annoying noise is protected if it is made in the course of a religious ceremony. No religion advocates a practice that would cause harm to an-other or damage the environment or create a health hazard.
The Court also held that a great deal of harm is done to schoolchildren, whose studies are disturbed and to sick people, whose recovery from illness is retarded. It noted that noise can produce serious physical and psychological stress.
Even if a permit is given under Section 90 of the Police Ordinance, the noise emitted from the sound amplification equipment should not be allowed to extend beyond the precincts of the particular premises. This would apply to outdoor musical performances, too. A sufficient number of Police Officers should be designated and posted to the particular place of use to ensure that the conditions imposed are strictly complied with. This stipulation, if properly implemented, should take care of the absurd demands of those who donate amplifying equipment to temples, kovils, mosques and churches and then insist that the whole neighbourhood should be made aware of their philanthropy by broadcasting not only religious material but much other rubbish at ear-splitting levels of volume.
CIMOGG strongly deplores the opportunistic efforts of certain persons who have tried to make cheap political capital out of this issue in order to gain the votes of religious noise-makers and the outdoor musical fraternity.
We believe that any remnants of ill-informed opposition to the order of the Supreme Court should be eradicated by all senior religious leaders stating categorically that the use of loudspeakers is not required for the practice of their respective religions other than to reach their congregations within the boundaries of their premises. Musical artistes should hold their outdoor performances in open ground, away from residential areas, as is done in countries which do not tolerate any forms of public nuisance.
January 30th, 2010
This appears to only consider the noise created by loudspeakers and other sound amplifying equipment. What about the disruption of studies and education by way of industrial work and machinery? Does the noise pollution and nuisance cover that aspect as well?
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November 7th, 2010
Loudspeaker usage by mosques and temples
A clear law prohibiting unauthorized usage of loudspeakers was envisioned by environmental authority, and was passed by Sri Lanka, a few years ago. However, if you drive through a main road at dusk and dawn, you will hear how well this law has been implemented. There are so many temples with blaring loudspeakers chanting ‘pirith’ and other religious stuff, and mosques continue to announce their prayer time with the maximum volume that they can. It is true that mosques only use the loudspeaker for less than 5 mins at a time, and it is the temples that become a major ‘pain in the ear’ for those who in the neighborhood do not agree with loudspeaker ‘prayers’. The temples that commit this atrocity usually use their sound systems continuously for a few hours at dusk and dawn every day.
These religious groups assume that they have an unchallengeable right to conduct their noisy activities, even in a neighborhood where there are people that do not agree with, or are inconvenienced by the noise. Religious institutions have scant regard to the individual needs of the neighborhood. They believe that they can impose their decisions on the followers of their religion, and any others who are inconvenienced by their act, have to remain silent.
Noise pollution by religious groups is apparently not a ‘Sri Lanka only’ phenomenon, and its prevalence is a very good indicator for a country’s immaturity in terms of respecting individual needs. Places of worship that are situated in countries that respect individual freedoms, have to do their prayers silently, without disturbing the whole neighborhood.
It would be interesting to dig the history of widespread loudspeaker usage by the places of worship. If I am not mistaken, this trend started in late 80s. Islam governs entire mundane life of a follower and dictates even the time that they should wake up in the morning, and also the time finish the daily activities in the evening. The loudspeaker usage by Mosques for this purpose, seem to have been also picked up by the temples that believe that temple should decide when people should go to bed and wake up in the morning.
In a liberal and complex society, individuals will decide what their daily routine is. The temples cannot dictate the time a whole neighborhood wakes up. If there are individuals who prefer to work till late in the night, and wake up very late in the morning, directing blaring noise at their bedrooms by the nearby temple at wee hours of the morning is a blatant violation of individual freedom.
The difficulty in imposing an existing law regarding noise pollution, is an indication of undue and uncalled for privileges given to religious institutions. This is another example for the need for the separation of religion and governance!
November 7th, 2010
Please read following related link if you have Sinhala Unicode Fonts installed
http://www.secularsrilanka.com/discussions/ritigala-jayasena/noise-pollution-by-religious-bodies
November 15th, 2010
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November 23rd, 2010
Please see our story here. We live in Daluwakotuwa off the Negombo- Chillaw road. Adjacent to ours and a handful of neighbors’ backyards are a daycare center and a music school, which gradually transformed into a so-called international school. They are using loudspeakers all year round mainly to get more publicity to the school since it is located in Negombo-Chillow main road, openly violating the rights of the neighbors who deserve a serine environment. In a typical day they starts singing hymns with music using laud speakers, if it is your lucky day they would not use drums to accompany the hymns. They usually have about 3, 4 yearly concerts, which use loudspeakers again not for the betterment of the students but to get the cheap publicity. During these “concert seasons” they practice whole day for concerts and beating of the drum will make the neighbors sick. Even if there are hardly about 75 pupils in the entire school, they practice for the march, like the SL army does it for the independent day celebration. You would not hear your telephone ringing when they start doing this. You will not be able to answer a call anyway. If you have infants or elderly patients home you would better send them to a relatives place until the “concert session” is over. One of my neighbors has complained to the environmental Authority and the Presidential secretariat. Environmental authority has made an enquiry. However we have not noticed any change in their habits. If anyone points out what we should do about this, we will greatly appreciate.
January 16th, 2011
I have been in need of this type of post for a while. I’m publishing a school paper about this and this is going to help me. Thank you.
January 25th, 2011
We live in multi ethnic and religious area within Dehiwala municipality.here one neighbor who recently got rich name of earn merit for him or show off his power of newly gain riches throws tamashas or all night ceremonies and middle of the night blast crackers making nights to sleepless for kids, sick,people who go for work next morning making difficult after sleepless night . what ever he gain merit he gets curse of all the people round. suggest some thing neighbor should do avoid this situation. I wonder why Buddhist monks not advise him not to do inhuman and cruel acts which is anti-social.
July 26th, 2011
To whom we should complain if we can see Noise Pollution?
July 27th, 2011
I live in Kiribathgoda area. I am a practicing buddhist and meditate. The biggest hinderance to my practice comes from three temples nearby. I get a dose of pirith chanting and other religious activities over loudspeakers each morning and evening. It is unfortunate that the Noble Silence advocated by Buddha is violated by very institutions who have undertaken to uphold the teachings of Buddha. I sincerely wish if the leading monks in the country educate the other monks on these values.
November 2nd, 2011
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December 13th, 2011
Right now I am at Kotahena.Looks like the Paramananda Pansala has not yet got the message. I have not slept for the last 3 days , and its still going on.My mom is not well and these fellows dontt seemi to give up there moaning.
January 25th, 2012
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