Essential Religious Practice | 28 Jan 2025

The Bombay High Court ruled that using loudspeakers is not an essential religious practice protected under Article 25 or Article 19(1)(a) of the Constitution.
Essential Religious Practice (ERP): ERP refers to practices integral to a religion's doctrine, protected under Article 25. The judiciary determines ERP based on religious tenets.
- Santhara (Sallekhana): In 2015, the Rajasthan High Court ruled Santhara as non-essential to religion, but the Supreme Court stayed the order, allowing the practice to continue.
- Triple Talaq Case: The SC invalidated instant triple talaq, ruling it was not an essential Islamic practice and violated women's rights.
HC Ruling Related to Loudspeaker: Bombay HC in Dr Mahesh Vijay Bedekar v Maharashtra case, 2016, ruled for strict enforcement of noise pollution rules.
- It clarified that loudspeakers are not essential to religion and banned their use from 10 pm to 6 am and in silence zones, with exceptions for specific cultural or religious events (15 days/year).
Noise is considered as an "air pollutant” and regulated under the Air (Prevention and Control of Pollution) Act, 1981.
- It mandates a maximum noise level of 55 decibels in residential areas during the day and 45 decibels at night.