Calcutta HC Declares Unabated Muharram Drum Beating Illegal And Impermissible

The Calcutta High Court, on Thursday, issued an order to the West Bengal Police to regulate the playing of drums during the upcoming Muharram festival.

Further, the court observed that continuous drum beating for celebrating the festival is impermissible and that no religious tenet allows it.

A division bench comprising Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya rejected the State government’s argument that drum beating is a part of the religious activities during Muharram.

The bench ordered, “However, unabated beating of drums is impermissible. If what the petitioner says is true, then it is undoubtedly illegal and contrary to the relevant rules. Therefore, there will be a direction to the Police to issue public notice regulating timing for beating of drums.”

In this context, reference was made to the Supreme Court’s judgment in Church Of God (Full Gospel) vs KKR Majestic Colony Welfare case
The bench observed, “On a proper consideration, the Supreme Court held that the citizens cannot be coerced to listen what they do not like or do not want to. No religion prescribes that prayers must be performed by disturbing peace of others or through amplifiers or drumming.”

The Court was hearing a public interest litigation (PIL) petition filed by Shagufta Sulaiman, highlighting the menace of continuous drum beating throughout the day and night during the Muharram festival, scheduled to be observed on July 29.

The bench advised the State authorities to consider the Supreme Court’s observations, emphasizing that every individual, including infants, the youth, the elderly, the sick, and those with mental health issues, have the right to live in a peaceful environment.

Meanwhile, the State counsel disputed the petitioner’s claim that drums are played throughout the day, stating that it is limited to the hours between 6 AM and 10 PM.

The Chief Justice stated, “Mr. Counsel, 6 AM is too early. They should not be allowed to play drums even at 8 AM as there are school going children, aged and even ill persons. Even in night hours, you cannot permit beyond 7 PM.”

During the hearing, the bench noted that a state notification already prohibits the use of loudspeakers after 10 PM. However, it was observed that the Police authorities appeared unaware of this fact.

The bench observed, “It is the duty of the Pollution Control Board to issue public notices prior to any religious festival, political rally or congregation, sensitising the citizens about the relevant rules that prohibit noise pollution.”

The bench emphasized the duty of the Pollution Control Board to issue public notices before any religious festival, political rally, or congregation, to sensitize citizens about the relevant rules that prohibit noise pollution.

Chief Justice Sivagnanam told the State Pollution Control Board counsel that, “Pollution laws are very powerful. It’s like an automatic weapon but you don’t have bullets. The law is stringent but there is no machinery. Your control board officer will be beaten black and blue if he goes on the field asking people not to play drums.”

As a result, the bench ordered authorities to regulate the timing of drum beating during the celebrations, ensuring that the noise decibel levels stay within permissible limits.

Additionally, the authorities were directed to devise a Standard Operating Procedure (SOP) to regulate congregations and the musical instruments used to prevent the breach of permissible noise decibel levels.