Factual Background 

In the instant matter of Shagufta Sulaiman v. State of W.B The petitioner chose to file a public interest writ petition against the responding police, requesting that they take action to address the terrible noise pollution that is being generated by the constant banging of drums around the city. On the occasion of Muharram, a group of people perform this drumming ceremony as a form of grief. The petitioner asks for suitable instructions to put an end to the continuous banging of drums because noise pollution endangers the public’s health and violates the rights of locals.

Argument Advance 

The petitioner argued that while utilising loudspeakers for the call to prayer is prohibited, the continuous banging of drums without any limitations on sound intensity is unlawful and creates a substantial risk to the public’s health and welfare. Residents in the region, including those who attend school, the elderly, and those who are ill, all suffer from the disruption caused by the excessive noise.

Respondents argued that the petitioner’s complaints had been addressed and that the proper steps needed to control the drumming period had been done.

Conclusion of Court 

The West Bengal Pollution Control Board and the police were given the go-ahead to issue a public notice regulating the continuous beating of drums throughout Muharam, according to a division bench of the Calcutta High Court made up of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya.

The West Bengal Pollution Control Board was given instructions by the court to inform the public about noise levels and the consequences for violating them. The court also ordered the police to regulate open-air kitchens and the timing and volume of drum beating. The court emphasised the need of strictly adhering to these instructions.

CASE NAME – Shagufta Sulaiman v. State of W.B., W.P.A.(P) 369 of 2022