Delhi Chief Minister Rekha Gupta last week said that loudspeakers can now be used until midnight during the festive season. The order gives Ramlila performances, Durga Puja pandals, and other celebrations two extra hours beyond the usual 10 pm cut-off.
The use of loudspeakers in India is regulated under the Noise Pollution (Regulation and Control) Rules, 2000, framed under the Environment (Protection) Act, 1986. The rules say, “A loudspeaker or a public address system shall not be used except after obtaining written permission from the authority.” They also impose a ban on their use during night hours, which the rules define as 10 pm to 6 am. The only exception is for closed premises such as auditoriums or conference halls.
As per the rules, there is one special relaxation. Rule 5(3) states, “The State Government may, subject to such terms and conditions as are necessary to reduce noise pollution, permit the use of loudspeakers or public address system during night hours (between 10 pm and 12 midnight) on or during any cultural or religious festive occasion of a limited duration not exceeding fifteen days in all during a calendar year.”
It is this clause that the Delhi government has invoked to extend the time for festivals.
The Supreme Court has laid down the framework for enforcing these rules. In a 2000 ruling on the use of loudspeakers by a church in Chennai, the court said no religion prescribes prayers by disturbing the peace of others. It ruled that loudspeaker use cannot be claimed as a fundamental right under Article 25, which protects freedom of religion. The court also said that freedom of speech under Article 19 does not grant the right to force an audience through “aural aggression.”
In 2005, the Supreme Court went further. It held that the right to a peaceful and noise-free environment is part of the right to life under Article 21. In the same year, it upheld the midnight exemption but clarified strict conditions. The power rests only with the state government. The number of days cannot exceed 15 in a year. The exemption cannot extend beyond midnight. And it cannot apply in silence zones within 100 metres of hospitals, schools, or courts.
Since then, High Courts have monitored compliance. The Bombay High Court in 2016 warned the state for failing to provide decibel meters to police. The Allahabad High Court in 2020 said that while the azaan is essential in Islam, its broadcast through loudspeakers is not. Earlier this year, the Bombay High Court directed authorities to measure the combined sound of multiple loudspeakers in an area, introducing the concept of cumulative noise levels.
Delhi’s extension follows these rules and precedents. It allows longer festive events, but enforcement will depend on strict monitoring of sound levels and silence zones.
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