WWW.LIVELAW.

IN

IN THE HIGH COURT OF DELHI AT NEW DELHI

(EXTRAORDINARY WRIT JURISDICTION)
WRIT PETITION (CIVIL) NO. 8982 OF 2017

(IN THE MATTER OF A PUBLIC INTEREST LITIGATION)

IN THE MATTER OF:

SANJJIIV KKUMAAR ...PETITIONER

VERSUS
UNION OF INDIA …RESPONDENT
INDEX

SR. NO. PARTICULARS PAGE NO.

1. NOTICE OF MOTION

2. URGENT APPLICATION

3. COURT FEES

4. MEMO OF PARTIES

5. LIST OF DATES AND SYNOPSIS

6. PUBLIC INTEREST LITIGATION UNDER

ARTICLE 226 OF THE CONSTITUTION OF

INDIA READ WITH SECTION 151 C.P.C. FOR

ISSUANCE OF A WRIT OF MANDAMUS OR

ANY OTHER APPROPRIATE WRIT, ORDER

OR DIRECTIONS
7. Annexure P-1: True Copy of the Rural

Electrification in India from India Energy Niti

Aayog Site

8. Annexure P-2: True Copy of news published in

Times of India titled “No loudspeakers at places

of worship: Restive Rampur village shows the

way
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PETITIONERS IN PERSON: MR. SANJJIIV KKUMAAR

FLAT NO - 522, TOWER-J, PLOT NO-GH04,

NOIDA, 201301, UTTAR PRADESH,
Mob: 9013465694, Email: [email protected]

DATED: 11/10/2017
PLACE: NEW DELHI
 WWW.LIVELAW.IN

IN THE HIGH COURT OF DELHI AT NEW DELHI

(EXTRAORDINARY WRIT JURISDICTION)
WRIT PETITION (CIVIL) NO. 8982 OF 2017
(IN THE MATTER OF A PUBLIC INTEREST LITIGATION)

IN THE MATTER OF:

SANJJIIV KKUMAAR ...PETITIONER

VERSUS
UNION OF INDIA …RESPONDENT

URGENT APPLICATION

To,
The Hon’ble Registrar
Delhi High Court
New Delhi

Respected Sir/Madam,

Kindly treat the accompanying PIL as urgent one under the High Court Rules

and Orders.

The grounds of urgency is mentioned in prayers.

Therefore, the urgent and immediate intervention of the Hon’ble court is

sought in the petition. Hence petitioner is praying for urgent directions and

the petition may kindly be listed for hearing on . . 2017

PETITIONERS IN PERSON: MR. SANJJIIV KKUMAAR

FLAT NO - 522, TOWER-J, PLOT NO-GH04,

NOIDA, 201301, UTTAR PRADESH
Mob: 9013465694, Email: [email protected]

DATED:11/10/2017
PLACE: NEW DELHI
 WWW.LIVELAW.IN

IN THE HIGH COURT OF DELHI AT NEW DELHI

(EXTRAORDINARY WRIT JURISDICTION)
WRIT PETITION (CIVIL) NO. 8982 OF 2017

(IN THE MATTER OF A PUBLIC INTEREST LITIGATION)

IN THE MATTER OF:

SANJJIIV KKUMAAR ...PETITIONER

VERSUS
UNION OF INDIA …RESPONDENT

MEMO OF PARTIES

SANJJIIV KKUMAAR
FLAT NO - 522, TOWER-J,
PLOT NO-GH04,
NOIDA, 201301,
UTTAR PRADESH ...PETITIONER

VERSUS

UNION OF INDIA,
MINISTRY OF HOME AFFAIRS
THROUGH ITS SECRETARY,
NORTH BLOCK,
NEW DELHI -110001 ...RESPONDENT

PETITIONERS IN PERSON: MR. SANJJIIV KKUMAAR

FLAT NO - 522, TOWER-J, PLOT NO-GH04,

NOIDA, 201301, UTTAR PRADESH
Mob: 9013465694, Email: [email protected]

DATED:11/10/2017
PLACE: NEW DELHI
WWW.LIVELAW.IN

IN THE HIGH COURT OF DELHI AT NEW DELHI

(EXTRAORDINARY WRIT JURISDICTION)
WRIT PETITION (CIVIL) NO. 8982 OF 2017

(IN THE MATTER OF A PUBLIC INTEREST LITIGATION)

IN THE MATTER OF:

SANJJIIV KKUMAAR ...PETITIONER

VERSUS
UNION OF INDIA …RESPONDENT
NOTICE OF MOTION
Sir,

The enclosed petition is being filed on behalf of the Petitioner and is likely

to be listed on or any date thereafter. Please take

notice accordingly.

PETITIONERS IN PERSON: MR. SANJJIIV KKUMAAR

FLAT NO - 522, TOWER-J, PLOT NO-GH04,

NOIDA, 201301, UTTAR PRADESH
Mob: 9013465694, Email: [email protected]

DATED: 11/10/2017
PLACE: NEW DELHI
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LIST OF DATES

2000-500BCE Emergence of Hinduism

600-500 BCE Emergence of Jainism

500 BCE Emergence of Buddhism

1CE Emergence of Christianity

600 CE Emergence of Islam

1500 CE Emergence of Sikhism

1860 CE First Loudspeaker in Primitive/Conceptual Stage

1924 CE Moving Coil commonly used Loudspeakers of today was patented

24.8.2017 The 9 Judge constitutional bench, headed by Hon’ble Chief justice JS

Khehar, comprises justices J Chelameswar, SA Bobde, RK Agrawal, RF

Nariman, AM Sapre, DY Chandrachud, SK Kaul and S Abdul Nazeer in a

landmark Judgment, in Writ Petition (Civil) No 494 Of 2012 JUSTICE K S

PUTTASWAMY (RETD.) AND ANR. Vs UNION OF INDIA AND ORS, ruled

that “The right to privacy is protected as an intrinsic part of the right to life

and personal liberty under Article 21 and as a part of the freedoms

guaranteed by Part III of the Constitution”

SYNOPSIS

1. That, That, Hinduism is 4000 years old, Jainism is 2600 years old,

Buddhism is 2500 years old, Christianity is 2000 years old, Islam is 1400

years old, Sikhism is 500 years old and on another hand, Moving Coil

Current Loudspeakers are not even 100 years old.

Thus, it’s beyond doubt, and as facts and truth speaks for itself per se,

LOUDSPEAKERS WERE NEVER PART OF ANY OF THE RELIGIONS

WHETHER IT’S HINDUISM, JAINISM, BUDDHISM, CHRISTIANITY,

ISLAM, SIKHISM or ZOROASTRIANISM

2. That, as Loudspeakers is not part of/intrinsic to any of the religions as

all religions are 4000 to 500 years old whereas Loudspeaker came into
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existence in 1924, that is less than 100 years and hence Banning

Loudspeaker will not hit(violate) Article 25 or 26 of the Constitution of

India.

3. That, in 1947, only about 1500 out of 5, 97,464 Villages were electrified

and cities were no better. Hence a large part of Urban India and

99.997489388 % of Rural India was without electricity and hence there

were no Loudspeakers. Does it mean that those religious structures not

having Loudspeakers atop were less religious or those who go there

were less religious or “Religion khatre mein pad gaya tha” or “log dukhi

hoke sanyas pe chale gaye the”

4. That, by the way, as of now, there are still 6822 Villages, after 70 years

of India, where there is no electricity and people in those villages are

surviving(religion too) without Loudspeakers for 70 years. Those people

are performing their religious duty without Loudspeakers. Hence Mother

India and various religions would definitely survive even after Ban on

Loudspeakers atop religious structures.

5. That, Hon’ble Supreme Court in “Forum, Prevention of Envn. and Sound

Pollution”[supra] judgment made a very important observation that “No

religion ever says to force the unwilling to listen to expressions of

religious beliefs.

This observation of Hon’ble Apex Court is of utmost importance as what

Supreme Court says, Loudspeakers do exactly opposite of the same

and hence Loudspeakers violate fundamental rights of citizens of India.

6. That, a 9 Judge constitutional bench, headed by Hon’ble Chief justice

JS Khehar, comprises justices J Chelameswar, SA Bobde, RK Agrawal,

RF Nariman, AM Sapre, DY Chandrachud, SK Kaul and S Abdul Nazeer

in a landmark Judgment, in Writ Petition (Civil) No 494 Of 2012 JUSTICE

K S PUTTASWAMY (RETD.) AND ANR. Vs UNION OF INDIA AND

ORS[hereinafter will be referred as “Privacy Ruling”], ruled that “The

right to privacy is protected as an intrinsic part of the right to life and

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personal liberty under Article 21 and as a part of the freedoms

guaranteed by Part III of the Constitution”

The operative order ruled that “The decision in Kharak Singh to the

extent that it holds that the right to privacy is not protected by the

Constitution stands over-ruled”

“Right to being left alone in a core which is inviolable”[page 4 of privacy

ruling] which is foundation of Privacy Ruling has made use of

Loudspeakers on religious structures encroachment and violation of

one’s Fundamental Rights of Privacy which is protected as an intrinsic

part of the right to life and personal liberty under Article 21 and as a part

of the freedoms guaranteed by Part III of the Constitution

7. That, Privacy Ruling [page 16] says “Every democratic country sanctifies

domestic life; it is expected to give him rest, physical happiness, peace

of mind and security. In the last resort, a person's house, where he lives

with his family, is his “castle”; it is his rampart against encroachment on

his personal liberty.”

Privacy ruling [page 14] also says “An English Common Law maxim

asserts that “every man's house is his castle”

Loudspeakers violate a person’s Fundamental Rights of Privacy

8. That, Hon’ble Justice DY Chandrachud, who wrote Privacy Judgement

ruled that “Privacy has distinct connotations including spatial control.

Spatial control denotes the creation of private spaces.

Sound waves don't care where it’s going. It can any enter any house,

one that is adjacent to the religious structures will have maximum sound

and it decreases with distance. It can reach up to 3-5 kilometres

depending upon the ambience sound.

Hon’ble Justice DY Chandrachud ruled that one’s house is like a castle

to him. If Loudspeakers are encroaching one’s right of spatial

control(one’s home), one’s right to left alone, then what’s the meaning

of fundamental rights. It will be just on paper. Hence to protect and

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uphold the fundamental rights of one’s “left alone”,

“personhood(physical and mental peace), spatial control -

Loudspeakers need to go.

9. That, if one cannot enters one house with portable music system,

playing religious bhajans etc, then how Loudspeakers sound/noise can

be allowed to enter one’s house. Sorry but it’s akin to trespassing one’s

spatial control one’s house. If after Privacy Ruling, even the state cannot

enter one’s house if one hasn’t committed any crime, how the non-state

religious actors can ruin one’s peace tranquillity. After Privacy being

made a fundamental right, Loudspeakers are no-go zone and needs to

be banned.

10. That, Loudspeakers were never part of any of the religions whether it’s

Hinduism, Jainism, Buddhism, Christianity, Islam, Sikhism or

Zoroastrianism

11. That, as Loudspeakers is not part of/intrinsic to any of the religions as

all religions are 4000 to 500 years old whereas Loudspeaker came into

existence in 1924, that is less than 100 years and hence Banning

Loudspeaker will not hit(violate) Article 25 or 26 of the Constitution of

India.

12. That, Use of Loudspeakers certainly takes away the right of the citizens

to speak with others, their right to read or think or the right to sleep.

There may be heart patients or patients suffering from nervous disorder

may be compelled to bear this serious impact of sound pollution which

has had an adverse effect on them. Toddlers, kids are equally affected.

13. That, Hon’ble Supreme Court in “Forum, Prevention of Envn. and Sound

Pollution”[supra] judgment made a very important observation that “No

religion ever says to force the unwilling to listen to expressions of

religious beliefs”. This is of utmost importance and significance as

Loudspeakers do exactly opposite of what Hon’ble Supreme Court says

and hence Loudspeakers violate fundamental rights of citizens of India

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and person right of left alone, personhood (physical and mental peace),

one’s spatial control, personal space and hence under Article 13(2) it’s

null, void and unconstitutional as it encroach one’s fundamental right of

privacy.

14. That, petitioner, has no other efficacious remedy except to approach this

Hon’ble Court by way of the present writ petition.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

(EXTRAORDINARY WRIT JURISDICTION)
WRIT PETITION (CIVIL) NO. 8982 OF 2017

(IN THE MATTER OF A PUBLIC INTEREST LITIGATION)

IN THE MATTER OF:

SANJJIIV KKUMAAR …PETITIONER

VERSUS
UNION OF INDIA …RESPONDENT

WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA

IN THE NATURE OF PUBLIC INTEREST LITIGATION SEEKING AN
APPROPRIATE WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER
APPROPRIATE WRIT, ORDER OR DIRECTIONS

To

THE HON’BLE CHIEF JUSTICE AND HER OTHER COMPANION JUSTICES

OF THE HON’BLE DELHI HIGH COURT NEW DELHI

THE HUMBLE PETITION OF THE

PETITIONER ABOVE NAMED

MOST RESPECTFULLY SHEWETH:

1. That, the Petitioner is a citizen of India and thus entitled to invoke

extraordinary writ jurisdiction of the Hon’ble Court under Article 226 of

the Constitution of India read with Section 151 of C.P.C

I. That, petitioner a social activist, have no personal interest in the

litigation and the petition is not guided by self-gain or the gain of

any other person/institution/ body and there is no motive other

than a public interest in filing the writ petition.

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II. That, the facts in the writ petition are obtained from newspaper

reports, Right of Privacy Judgment of Hon’ble Apex Court,

various Hon’ble High Courts and Supreme Courts Judgements

from Indian Kanoon, CaseMine, LegalCrystal and other sites like

Bar & Bench, Live Law, Twitter, Facebook etc followed up by

painstaking research to correlate and assimilate data. After the

research, petitioner has reached the conclusion that Right to

being left alone in a core which is inviolable which is foundation

of Privacy Ruling has made use of Loudspeakers atop religious

structures encroachment and violation to one’s Fundamental

Rights of Privacy which is protected as an intrinsic part of the right

to life and personal liberty under Article 21 and as a part of the

freedoms guaranteed by Part III of the Constitution.

III. That the Writ Petition has been filed for all citizens of India,

especially infants, kids, students, elderly citizens who are most

affected by Loudspeakers and whose fundamentals rights has

been encroached and violated by Loudspeakers vis-a-vis Right

to Privacy Judgment. It is humbly submitted that these persons,

not being privy to all the facts and lacking the skill, resources and

expertise to do so follow them up, are incapable of accessing the

Courts themselves.

IV. That, outcome of this writ will affect the Home Department, Govt

of India and for the very reason, petitioner has made the Govt of

India respondent. Petitioner doesn't think and don’t have any

knowledge that any other party will be affected by the order

sought in this writ petition

V. That, petitioner, is highly respected and qualified professional

having done his B.Tech(Computer Science), M.Tech(Computer

Science & Engineering) from a renowned Jawaharlal Nehru

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University, New Delhi. After being in the IT Professional field for

a decade in India and Overseas, petitioner devotes most part of

his time, as Social Activist, for public cause mainly in Justice and

Equality for All, Human Rights, Social Reforms, Gender Equality

through Gender neutrality etc. Petitioner is committed to the

public cause. The petitioner has the means to pay the cost, if any,

imposed by this Hon’ble Court.

2. That, the instant petition, under Article 226 of Constitution of India read

with Section 151 of CPC, seeks the following:

I. To issue writ in the nature of mandamus or any other appropriate

writ, order or directions, to the respondent for removal of

Loudspeakers atop any religious structures as Loudspeakers’

Sound/Noise violates toddlers, kids, senior citizens, sick people

and every citizens right to left alone in a core which is inviolable,

personhood(physical and mental integrity), spatial control(private

space like home) after Right to Privacy Ruling making Privacy

fundamental Right which is protected as an intrinsic part of the

right to life and personal liberty under Article 21 and as a part of

the freedoms guaranteed by Part III of the Constitution

II. To issue writ in the nature of mandamus or any other appropriate

writ, order or directions, to the respondent to make sure that order

is implemented through District Magistrate of every district and

the compliance report is sent to Hon’ble Court within 3 months.

III. To issue writ in the nature of mandamus or any other appropriate

writ, order or directions, to the respondent to make sure that there

should be monitoring and complain mechanism where after

removing Loudspeakers from religious structures, one would not

be able to put Loudspeakers back atop religious structures and

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suitable action should be taken against repeat offenders. District

Magistrate of Every District should be made accountable and

these complaints should be resolved within two weeks of getting

a complaint and the whole thing from making a complaint to its

resolution monitoring tracking and status display should be made

online so that whole process is really implemented and

transparent.

3. That, for sake of clarity and readability, the petition has been divided into

sections given below:

A VARIOUS RELIGIONS AND THERE EMERGENCE

[4000 BCE(Before Common Era) - 1500 CE(Common Era]

B LOUDSPEAKERS EMERGENCE [1860 CE/ 1920 CE]

C LOUDSPEAKERS NOT PART OF ANY OF THE RELIGIONS

D BANNING LOUDSPEAKERS WILL NOT VIOLATE ARTICLE 25

OR 26 OF CONSTITUTION OF INDIA

E LOUDSPEAKERS AND RURAL ELECTRIFICATION IN INDIA

[MYTH BUSTER]

F FACTUAL MATRIX

G CAUSE OF ACTION (For Banning Loudspeakers atop

Religious Structures)

H GROUNDS (For Banning Loudspeakers atop

Religious Structures)

K PRAYER

A VARIOUS RELIGIONS AND THERE EMERGENCE

[4000 BCE(Before Common Era)-1500 CE(Common Era)]

4. That, according to Wikipedia, “Hinduism is an Indian religion, or a way

of life, widely practised in South Asia. Hinduism has been called the
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oldest religion in the world, and some practitioners and scholars refer to

it as Sanātana Dharma, "the eternal tradition," or the "eternal way,"

beyond human history. Scholars regard Hinduism as a fusion or

synthesis of various Indian cultures and traditions, with diverse roots and

no founder. This "Hindu synthesis" started to develop between 500 BCE

and 300 CE following the Vedic period (1500 BCE to 500 BCE)”

Hence “Hinduism” is around 3500-4000 years old

5. That, according to Wikipedia, “Jainism, traditionally known as Jain

Dharma, is one of the most ancient Indian religions. The three main

principles of Jainism are ahimsa ('non-violence'), anekantavada ('non-

absolutism'), and aparigraha ('non-attachment'); it is also characterized

by asceticism”

“Jains trace their history through a succession of twenty-four victorious

saviours and teachers known as Tirthankaras, with the first

being Rishabhanatha, who is believed to have lived millions of years

ago, and twenty-fourth being the Mahavira around 500 BCE. Jains

believe that Jainism is an eternal dharma with the Tirthankaras guiding

every cycle of the Jain cosmology”.

Hence Jainism is around 2500-2600 years old

6. That, according to Wikipedia, “Buddhism is a religion and dharma that

encompasses a variety of traditions, beliefs and spiritual practices

largely based on original teachings attributed to the Buddha and

resulting interpreted philosophies. Buddhism originated in Ancient India

sometime between the 6th and 4th centuries BCE, from where it spread

through much of Asia”

Hence Buddhism is around 2500 years old

7. That, according to Wikipedia “Christianity is an Abrahamic monotheistic

religion based on the life and teachings of Jesus Christ, who is the focal

point of the Christian faith. The term gospel also refers to written
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accounts of Jesus' life and teaching, four of which—Matthew, Mark,

Luke, and John—are considered canonical and included in the Christian

Bible. Christianity is an outgrowth of Judaism and began as a Second

Temple Judaic sect in the mid-1st century”

Hence Christianity is around 2000 years old

8. That, according to Wikipedia, “Islam is a religion teaching that there is

only one incomparable God (Allah) and that Muhammad is the

messenger of God. It is the world's second-largest religion and the

fastest-growing major religion in the world, with over 1.8 billion followers

or 24.1% of the global population, known as Muslims. Muslims make up

a majority of the population in 50 countries. Islam teaches that God is

merciful, all-powerful, unique and has guided mankind through prophets,

revealed scriptures and natural signs. The primary scriptures of Islam

are the Quran, viewed by Muslims as the verbatim word of God, and the

teachings and normative example (called the sunnah, composed of

accounts called hadith) of Muhammad (c. 570–8 June 632 CE).”

Hence Islam is around 1400 years old

9. That, according to Wikipedia, “Sikhism or Sikhi, from Sikh, meaning a

"disciple", or a "learner"), is a religion that originated in the Punjab region

of the Indian subcontinent about the end of the 15th century.It is one of

the youngest of the major world religions. The fundamental beliefs of

Sikhism, articulated in the sacred scripture Guru Granth Sahib, include

faith and meditation on the name of the one creator, unity of all

humankind, engaging in selfless service, striving for social justice for the

benefit and prosperity of all, and honest conduct and livelihood while

living a householder's life”

Hence Sikhism is around 500 years old

10. That, in graphical form, the same is summarized below with X-Axis

showing Religions and Y-Axis show how old are they.

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B LOUDSPEAKERS EMERGENCE [1860 CE/ 1920 CE]

11. That, according to the Merriam-webster dictionary, Loudspeaker is “a

device that changes electrical signals into sounds loud enough to be

heard at a distance”.

Loudspeaker purpose is to amplify the sound so that it may be heard at

places far away. Hence sound/noise does enter other people’s house,

the more nearly they are to such source, the louder it is and thus more

impact it has on one’s hearing capacity, neuro-response, heart, body

and mind.

12. That, according to Wikipedia, Johann Philipp Reis installed an electric

loudspeaker in his telephone in 1861; it was capable of reproducing

clear tones, but also could reproduce muffled speech after a few

revisions.[3] Alexander Graham Bell patented his first electric

loudspeaker (capable of reproducing intelligible speech) as part of his

telephone in 1876, which was followed in 1877 by an improved version

from Ernst Siemens.

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The moving-coil principle commonly used today in speakers was

patented in 1924 by Chester W. Rice and Edward W. Kellogg.

That, “the current Loudspeakers atop on religious structures are first

used in 1924”

Hence Loudspeakers is not even 100 Years old

C LOUDSPEAKERS NOT PART OF ANY OF THE RELIGIONS

13. That, Hinduism is 4000 years old, Jainism is 2600 years old, Buddhism

is 2500 years old, Christianity is 2000 years old, Islam is 1400 years old,

Sikhism is 500 years old and on another hand , Moving Coil Current

Loudspeakers are not even 100 years old.

Thus, it’s beyond doubt, and as facts and truth speaks for itself per se,

LOUDSPEAKERS WERE NEVER PART OF ANY OF THE RELIGIONS

WHETHER IT’S HINDUISM, JAINISM, BUDDHISM, CHRISTIANITY,

ISLAM, SIKHISM or ZOROASTRIANISM

D BANNING LOUDSPEAKERS WILL NOT VIOLATE ARTICLE 25 OR

26 OF THE CONSTITUTION OF INDIA

14. That, Article 25 in The Constitution Of India 1949, says

25. Freedom of conscience and free profession, practice and propagation of

religion

(1) Subject to public order, morality and health and to the other provisions of

this Part, all persons are equally entitled to freedom of conscience and the

right freely to profess, practise and propagate religion

(2) Nothing in this article shall affect the operation of any existing law or

prevent the State from making any law

(a) regulating or restricting any economic, financial, political or other secular

activity which may be associated with religious practice;

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(b) providing for social welfare and reform or the throwing open of Hindu

religious institutions of a public character to all classes and sections of Hindus

Explanation I The wearing and carrying of kirpans shall be deemed to be

included in the profession of the Sikh religion Explanation II In sub clause (b)

of clause reference to Hindus shall be construed as including a reference to

persons professing the Sikh, Jaina or Buddhist religion, and the reference to

Hindu religious institutions shall be construed accordingly

Article 26 in The Constitution Of India 1949, says

26. Freedom to manage religious affairs Subject to public order, morality and

health, every religious denomination or any section thereof shall have the right

(a) to establish and maintain institutions for religious and charitable purposes;

(b) to manage its own affairs in matters of religion;

(c) to own and acquire movable and immovable property; and

(d) to administer such property in accordance with law

15. That, as Loudspeakers is not part of/intrinsic to any of the religions as

all religions are 4000 to 500 years old whereas Loudspeaker came into

existence in 1924, that is less than 100 years and hence Banning

Loudspeaker will not hit(violate) Article 25 or 26 of the Constitution of

India.

E LOUDSPEAKERS AND RURAL ELECTRIFICATION IN INDIA

[MYTH BUSTER]

16. That, in 1947, only about 1500 out of 5, 97,464 Villages were electrified

and cities were no better. Hence a large part of Urban India and

99.997489388 % of Rural India was without electricity and hence there

were no Loudspeakers. Does it mean that those religious structures not

having Loudspeakers atop were less religious or those who go there

were less religious or “Religion khatre mein pad gaya tha” or “log dukhi

hoke sanyas pe chale gaye the”. The fact that we are 1.3 billion now and
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will be number one in population, even surpassing China, in near future

speaks volumes about it. Hence 1.3 billion population prove that we and

yes religion too, did survive the “Loudspeaker ka na hona” in most part

of cities and rural india after independence in 1947 and thus

Independence from Noise Pollution/Sound Pollution in form of Banning

Loudspeakers would neither harm 1.3 Billion population of India, nor

religion will cease to exist. Electrification Statistics

Source: http://www.indiaenergy.gov.in/doc/Expert-

view/Rural%20Electrification%20India.pdf Annexure P-1

17. That, by the way, as of now, there are still 6822 Villages, after 70 years

of India, where there is no electricity and people in those villages are

surviving(religion too) without Loudspeakers for 70 years. Those people

are performing their religious duty without Loudspeakers. Hence Mother

India and various religions would definitely survive even after Ban on

Loudspeakers atop religious structures.

E FACTUAL MATRIX

18. That, there are many decisions of Hon’ble Supreme Court and Hon’ble

High Courts pertaining to Sound/Noise Pollution caused by

Loudspeakers and there harmful health hazards on toddlers, senior

citizens, Sick People and there is already enough judgements on it.

There is Noise Pollution (Regulation and Control) Rules, 2000 rules on

Noise Pollution, but none of it has able to control the menace of

Loudspeakers.

19. That, In Re., Forum Prevention of Environmental & Sound Pollution. Vs.

Union of India and another: (2005) 5 SCC 733, Supreme Court ruled that

“No one shall beat a drum or tom-tom or blow a trumpet or beat or sound

any instrument or use” any sound amplifier at night (between 10.00 p.m.
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and 6.a.m.) except in public emergencies” but nobody honor this rule as

there is no mechanism for implementation and monitoring.

20. Hon’ble Supreme Court in Forum, Prevention of Envn. and Sound

Pollution Vs. Union of India (Uoi) and anr. Civil Appeal No. 3735 of 2005,

AIR2006SC348 quoted “

We are inclined to quote the following passage from Times of India (The

Speaking Tree) dated 7.10.2005:

'Those who favour the use of loudspeakers plead that it is a devotee's

religious duty enjoined by the shastras to make others listen and enjoy

the singing of bhajans. Azaan too is necessary to inform others that it is

time for namaz, a job assigned to the muezzin of the mosque.

Wait a minute. There were no loudspeakers in the old days. When

different civilizations developed or adopted different faiths or when holy

books were written to guide devotees, they did not mention the use of

loudspeakers as being vital to spread religious devotion. So the use of

loudspeakers cannot be a must for performing any religious act. Some

argue that every religion asks its followers to spread its teachings and

the loudspeaker is a modern instrument that helps to do this more

effectively.

They cannot be more wrong. No religion ever says to force the unwilling

to listen to expressions of religious beliefs. In the Bhagavad Gita,

Krishna says to Arjuna:

'This secret gospel of the Gita should never be imparted to a man who

lacks penance, nor to him who is wanting in devotion, nor even to him

who lends not a willing ear; and in no case to him who finds fault with

Me.... He who, offering the highest love to Me, preaches the most
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profound gospel of the Gita among My devotees, shall come to Me

alone; there is no doubt about it' (18.67-68). The gospel should be

delivered to only those who enjoy listening to it and who have the

patience to do so. It shall never be forced upon those who do not want

it.

The Holy Qur'an says, ‘Lakum Deenukum Waliya Deen’ - your religion

and belief is for you and my religion and belief is for me. Each stay happy

with her own religion and belief. It never says, make others listen to the

gospel of your faith by using loudspeakers.

A similar instance is found in the Biblical literature. The Gospel

according to Saint Luke says: 'When Jesus had called the Twelve

together, he gave them power and authority to drive out all demons and

to cure diseases, and he sent them out to preach the kingdom of God

and to heal the sick.

He told them: 'Take nothing for the journey - no staff, no bag, no bread,

no money, no extra tunic. Whatever house you enter, stay there until

you leave that town. If people do not welcome you, shake the dust off

your feet when you leave their town, as a testimony against them'. So

they set out and went from village to village, preaching the gospel and

healing people everywhere' (9.1-10).

The earlier Supreme Court judgment banning the un-solicited use of

loudspeakers at inconvenient times is in conformity with religious tenets.'

The above-said passage appeals to us and in our opinion very correctly

states the factual position as to the objective of several religions and

their underlying logic”.

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21. That, it is well-settled that the right to propagate one's religion means

the right to communicate a person's belief to another or to expose the

tenets of that faith. The question is whether the right to propagate

religion includes the right to use loud-speakers and microphones for the

purpose of chanting religious tenets or religious texts and/or the

indiscriminate use of microphones or loud-speakers during a religious

performance in the society. “Freedom of speech is guaranteed to every

citizen so that he may reach with the minds of willingness and not

coerced unwillingness”

It cannot be said that the religious teachers or the spiritual leaders who

had laid down these tenets, had any way desired the use of

microphones(Loudspeakers) as a means of performance of religion as

at that time there were no Loudspeakers.

22. That, Hon’ble Supreme Court in “Forum, Prevention of Envn. and Sound

Pollution”[supra] judgment made a very important observation that “No

religion ever says to force the unwilling to listen to expressions of

religious beliefs.

This observation of Hon’ble Apex Court is of utmost importance as what

Supreme Court says, Loudspeakers do exactly opposite of the same

and hence Loudspeakers violate fundamental rights of citizens of India.

23. That, there cannot be any dispute that sound is a known source of

pollution. The adverse and ill effect of sound on the human body is also

known. It has a tremendous impact on the nervous system of human

being. Pollution is a factor which has now a prime importance in the

modern society. The effect of sound on human bodies is very serious. A

citizen has a right to leisure, right to sleep, right not to hear and right to
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remain silent. He has also the right to read and speak with others. Use

of Loudspeakers certainly takes away the right of the citizens to speak

with others, their right to read or think or the right to sleep. There may

be heart patients or patients suffering from nervous disorder may be

compelled to bear this serious impact of sound pollution which has had

an adverse effect on them. Privacy Ruling encompasses the essence of

the above mentioned facts.

24. That, so far as the right of religious organizations to use loudspeaker or

amplifier is concerned that right is not an independent right under Article

25 of the Constitution of India. Article 25(1) of the Constitution of India

provides that subject to public order, morality and health and to the other

provisions of this part, all persons and equally entitled to freedom of

conscience and the right freely to profess, practice and propagate

religion. The Supreme Court in the case of Narendra Prasad v. State of

Gujarat,has considered the aspect of the matter that Article 19(1)

confers various rights specified therein from (a) to (g) of the said Article

for the citizen. The right under Article 25 of the Constitution is subject to

the rights of Article 19. This case is the clear authority for the proposition

that while exercising a right under Article 25 no person can interfere with,

take away or abridge the right of a citizen guaranteed under Article

19(1)(a) of the Constitution.

Freedom of conscience is followed up by the right to free profess,

practice and propagation of religion. Use of loud-speaker emanates

noise which is not only a nuisance, but also a pollution. Loudspeaker

takes away Right to Left Alone, Personhood, Bodily Integrity (Physical

and or Mental) and thus violate Article 21 of Constitution of India.

25. That, in a matter regarding permission to the temples to use

microphones and loudspeakers for religious purposes, came up for

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consideration in M. Veerateswaran Vs. The Deputy Collector-cum-Sub

Divisional Executive Magistrate and others, 2003 (3) RCR (Civil) 605,

decided on March 18, 2003, wherein taking into consideration the

number of cases and the statutory provisions regarding freedom of

religion and freedom of preaching it in context to the user of

loudspeakers and amplifiers were considered and it was observed that

no religion prescribes that prayer should be through voice-amplifiers.

Nobody can be permitted to add noise pollution. The affect of noise

caused bio-chemical changes in man and other sounds were considered

in the said judgment.

26. That, a specific controversy pertaining to user of

microphones(Loudspeakers) for purpose of ‘Azaan’ came up before

Calcutta High Court in Moulana Mufti Syed Md. Noorpur Rehman Barkati

and others Vs. State of W.B. and others, AIR 1999 (Calcutta) 15,

wherein it was held that ‘Azaan’ is definitely an integral and essential

part of the Muslims religion. It was observed that ‘Azaan’ is a morning

call in high pitch to join others for prayers. The use of microphone is a

practice developed by someone not by the prophet or his main disciples

and this was not there in the past. In the said judgment referring to the

judgment of Om Birangana’s case (supra), it was held that no doubt,

‘Azaan’ is integral and essential part of Muslims but use of microphones

is certainly not an integral part of ‘Azaan’. It was held that Article 25 of

the Constitution of India is subject to Article 19 (1) (a) of the Constitution

of India.

27. That, A similar question had come up before Delhi High Court in Free

Legal Aid Cell Shri Sugan Chand Aggarwal @ Bhagatji Vs. Government

of NCT of Delhi and others, AIR 2001 (Delhi) 455, wherein the dispute

regarding use of amplifiers at religious places was considered and it was

held that the rights under Article 25 of the Constitution of India of

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freedom of conscious and practice and propagation of any religion and

freedom of managing religious affairs is subject to Article 19 (1) (a) of

the Constitution of India and is subject to the public order, morality and

health. Noise was considered to be health hazard and the practice of

user of loudspeakers for religious purpose which goes to the extent of

disturbing the public peace was held to be not permissible under law.

That, Loudspeakers are the reason of frequent clash and riots between

communities. A news published in Times of India titled “No loudspeakers

at places of worship: Restive Rampur village shows the way” shows a

way out.

In a rare show of communal amity, Hindus agreed to remove

loudspeaker from temples and Muslims from mosques in a restive

Moradabad village. According to police officials, the tension was

simmering in the village for the past three years over loudspeakers at

houses of worship of both communities. Annexure P-2

G CAUSE OF ACTION (For Banning Loudspeakers atop

Religious Structures)

28. That, a 9 Judge constitutional bench, headed by Hon’ble Chief justice

JS Khehar, comprises justices J Chelameswar, SA Bobde, RK Agrawal,

RF Nariman, AM Sapre, DY Chandrachud, SK Kaul and S Abdul Nazeer

in a landmark Judgment, in Writ Petition (Civil) No 494 Of 2012 JUSTICE

K S PUTTASWAMY (RETD.) AND ANR. Vs UNION OF INDIA AND

ORS[hereinafter will be referred as “Privacy Ruling”], ruled that “The

right to privacy is protected as an intrinsic part of the right to life and

personal liberty under Article 21 and as a part of the freedoms

guaranteed by Part III of the Constitution”

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The operative order ruled that “The decision in Kharak Singh to the

extent that it holds that the right to privacy is not protected by the

Constitution stands over-ruled”

“Right to being left alone in a core which is inviolable”[page 4 of privacy

ruling] which is foundation of Privacy Ruling has made use of

Loudspeakers on religious structures encroachment and violation of

one’s Fundamental Rights of Privacy which is protected as an intrinsic

part of the right to life and personal liberty under Article 21 and as a part

of the freedoms guaranteed by Part III of the Constitution

29. That, Privacy Ruling [page 16] says “Every democratic country sanctifies

domestic life; it is expected to give him rest, physical happiness, peace

of mind and security. In the last resort, a person's house, where he lives

with his family, is his “castle”; it is his rampart against encroachment on

his personal liberty.”

Privacy ruling [page 14] also says “An English Common Law maxim

asserts that “every man's house is his castle”

Loudspeakers violate a person’s Fundamental Rights of Privacy

30. That, Hon’ble Justice DY Chandrachud, who wrote Privacy Judgement

ruled that “Privacy has distinct connotations including spatial control.

Spatial control denotes the creation of private spaces.

Sound waves don't care where it’s going. It can any enter any house,

one that is adjacent to the religious structures will have maximum sound

and it decreases with distance. It can reach up to 3-5 kilometres

depending upon the ambience sound.

Hon’ble Justice DY Chandrachud ruled that one’s house is like a castle

to him. If Loudspeakers are encroaching one’s right of spatial

control(one’s home), one’s right to left alone, then what’s the meaning

of fundamental rights. It will be just on paper. Hence to protect and

uphold the fundamental rights of one’s “left alone”,

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“personhood(physical and mental peace), spatial control -

Loudspeakers need to go.

31. That, if one cannot enters one house with portable music system,

playing religious bhajans etc, then how Loudspeakers sound/noise can

be allowed to enter one’s house. Sorry but it’s akin to trespassing one’s

spatial control one’s house. If after Privacy Ruling, even the state cannot

enter one’s house if one hasn’t committed any crime, how the non-state

religious actors can ruin one’s peace tranquillity. After Privacy being

made a fundamental right, Loudspeakers are no-go zone and needs to

be banned.

Hence this petition and Cause of Action.

H GROUNDS (For Banning Loudspeakers atop Religious Structures)

32. BECAUSE, Hinduism is 4000 years old, Jainism is 2600 years old,

Buddhism is 2500 years old, Christianity is 2000 years old, Islam is 1400

years old, Sikhism is 500 years old and on another hand, Moving Coil

Current Loudspeakers are not even 100 years old.

33. BECAUSE, Loudspeakers were never part of any of the religions

whether it’s Hinduism, Jainism, Buddhism, Christianity, Islam, Sikhism

or Zoroastrianism

34. BECAUSE, as Loudspeakers is not part of/intrinsic to any of the religions

as all religions are 4000 to 500 years old whereas Loudspeaker came

into existence in 1924, that is less than 100 years and hence Banning

Loudspeaker will not hit(violate) Article 25 or 26 of the Constitution of

India.

35. BECAUSE, in 1947, only about 1500 out of 5, 97,464 Villages were

electrified and cities were no better. Hence large part of Urban India

and 99.997489388 % of Rural India were without electricity and hence

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there were no Loudspeakers but “religions khatre mein nahin the”

36. BECAUSE, Use of Loudspeakers certainly takes away the right of the

citizens to speak with others, their right to read or think or the right to

sleep. There may be heart patients or patients suffering from nervous

disorder may be compelled to bear this serious impact of sound pollution

which has had an adverse effect on them. Toddlers, kids are equally

affected.

37. BECAUSE, Hon’ble Supreme Court in “Forum, Prevention of Envn. and

Sound Pollution”[supra] judgment made a very important observation

that “No religion ever says to force the unwilling to listen to expressions

of religious beliefs”. This is of utmost importance and significance as

Loudspeakers do exactly opposite of what Hon’ble Supreme Court says

and hence Loudspeakers violate fundamental rights of citizens of India

and person right of left alone, personhood (physical and mental peace),

one’s spatial control, personal space and hence under Article 13(2) it’s

null, void and unconstitutional as it encroach one’s fundamental right of

privacy.

------------------------------

38. That, petitioner, has no other efficacious remedy except to approach this

Hon’ble Court by way of the present writ petition.

39. That, petitioner, has not filed any other or similar public interest litigation

or any writ petition in the matter, either in this Hon’ble Court or in any

other High court or in the Hon’ble Supreme Court of India.

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PRAYER

In the view of the foregoing submissions, facts and circumstances, it is,

therefore most humbly and respectfully prayed that this Hon'ble Court may be

pleased to:

1. To issue writ in the nature of mandamus or any other appropriate

writ, order or directions, to the respondent for removal of

Loudspeakers atop any religious structures as Loudspeakers’

Sound/Noise violates toddlers, kids, senior citizens, sick people and

every citizens right to left alone in a core which is inviolable,

personhood(physical and mental integrity), spatial control(private

space like home) after Right to Privacy Ruling making Privacy

fundamental Right which is protected as an intrinsic part of the right

to life and personal liberty under Article 21 and as a part of the

freedoms guaranteed by Part III of the Constitution

2. To issue writ in the nature of mandamus or any other appropriate

writ, order or directions, to the respondent to make sure that order is

implemented through District Magistrate of every district and the

compliance report is sent to Hon’ble Court within 3 months.

3. To issue writ in the nature of mandamus or any other appropriate

writ, order or directions, to the respondent to make sure that there

should be monitoring and complain mechanism where after

removing Loudspeakers from religious structures, one would not be

able to put Loudspeakers back atop religious structures and suitable

action should be taken against repeat offenders. District Magistrate

of Every District should be made accountable and these complaints

should be resolved within two weeks of getting a complaint and the

whole thing from making a complaint to its resolution monitoring

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tracking and status display should be made online so that whole

process is really implemented and transparent.

4. Pass such other and further orders as this Hon'ble Court may deem

just and proper in the facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS, THE PETITIONER AS IN DUTY BOUND

SHALL EVER PRAY.

New Delhi [SANJJIIV KKUMAAR]

11/10/2017 PETITIONER-IN-PERSON
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IN THE HIGH COURT OF DELHI AT NEW DELHI

(EXTRAORDINARY WRIT JURISDICTION)
WRIT PETITION (CIVIL) NO. 8982 OF 2017

(IN THE MATTER OF A PUBLIC INTEREST LITIGATION)

IN THE MATTER OF:

SANJJIIV KKUMAAR …PETITIONER

VERSUS

UNION OF INDIA …RESPONDENT

AFFIDAVIT

I, Sanjjiiv Kkumaar, aged about 42 years, s/o Dr Ram Ashraya & Mrs Manju,

resident of Flat No – 522, Tower-J, Plot No GH04, Noida, 201301, UP, do hereby

solemnly affirm and declare as under:

1. That I am Petitioner in the above matter and am fully acquainted with the facts

of the instant case and fully competent to swear thereto.

2. I have filed the present petition as a Public Interest Litigation.

3. I have gone through the Delhi High Court (Public Interest Litigation) Rules 2010

and do hereby affirm that the present Public Interest Litigation is in conformity

thereof.

4. I have no personal interest in the litigation and neither myself nor anybody in

whom I am interested would in any manner benefit from the relief sought in the

present litigation save as a member of the General Public. This Petition is not

guided by self-gain or the gain of any person, institution, body and there is no

motive other than of public interest in filing this petition.

5. I have done whatsoever inquiry/investigation which was in my power to do, to

collect all data /material which was available and which was relevant for the
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court to entertain the present petition. I further confirm that I have not concealed

in the present petition any data/material/information which may have enabled

this court to form an opinion whether to entertain the petition or not and/or

whether to grant any relief or not.

6. That, the accompanying writ petition has been drafted by me and the contents

of the same are true and correct to my knowledge and belief.

7. That, the Annexures filed with the petition are true copies of their respective

originals.

DEPONENT

VERIFICATION: Verified at Delhi on this ______ day of _______2017 that the

facts stated in paras 1 to 7 hereinabove are true to my personal knowledge, no

part of this Affidavit is false and nothing material is concealed therefrom.

DEPONENT
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Rural Electrification in India

In 1947, about 1500 villages were electrified in India. Although rural electrification has been
regarded as a vital programme for the development of rural areas but pace of electrification of villages in
India was slow till 1991. As per CEA, 481124 villages were electrified by 1991 but due to de-
electrification of some of the villages this number came down to 474982 by 2004. The main reasons for
de-electrification of villages was lack of resources with cash starved State Power Distribution Utilities for
maintenance and high cost of maintenance due to scattered & low density consumer base in villages.

The Ministry of Power launched Rajiv Gandhi Grameen Vidyutikaran Yojana (RGGVY) in April
2005 with an objective to provide access to electricity to all rural households through creation of rural
electricity infrastructure comprising of Rural Electricity Distribution Backbone, Village Electricity
Infrastructure and Decentralized Distribution Generation & Supply System. Under RGGVY, households
belonging to Below Poverty Line (BPL) are provided connections free of cost. Ninety per cent capital
subsidy is provided by Government of India for projects under the scheme. RGGVY was initially
approved with capital subsidy of Rs.5,000 Crore for the last two years of the 10th Plan period ending
March 2007 and continued in 11th Plan with capital subsidy of Rs.28,000 Crore.

The pace of rural electrification continues to be a source of concern and as on 31st March, 2012,
electrification works in 104,496 un-electrified villages, intensive electrification in 248,553 partially
electrified villages had been completed and free electricity connections to 194.25 lakh BPL households
had been released under RGGVY which started in April, 2005.

During 2013-14, RGGVY was approved for its continuation in the Twelfth and Thirteenth Plan
wherein the task is to complete spill over works of project sanctioned in Tenth and Eleventh Plan and to
cover the remaining villages, habitations (with population 100 & above) and BPL households. The
physical targets for Twelfth/ Thirteenth Plan under RGGVY cover electrification of 8299 un-electrified
villages (Spill over from Tenth/ Eleventh Plan projects), electrification of 1.65 Lakh habitations and
providing free connections to 3.54 Lakh BPL households. Under RGGVY, for Twelfth/ Thirteenth Plan,
273 projects having 9012 un-electrified villages, 2.32 Lakh partially electrified villages, 1.42 Lakh un-
electrified habitations, 4.17 Lakh partially electrified habitations and 1.32 crore BPL households had been
sanctioned.

The Deendayal Upadhyaya Gram Jyoti Yojana (DDUGJY) in November, 2014 with components
(i) to separate agriculture and non-agriculture feeders facilitating judicious rostering of supply to
agricultural and non-agricultural consumers in rural areas, (ii) strengthening and augmentation of sub
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transmission and distribution infrastructure in rural areas, including metering of distribution
transformers/feeders/consumers and (iii) the rural electrification works under RGGVY which had been
approved in 2013 with estimated cost of Rs.39,275 crore with budgetary support of Rs. 35,447 crore has
been subsumed in DDUGJY. The total project cost of works under DDUGJY is Rs.43,033 crore with
budgetary support of Rs.33,453 crore. The outlay approved under RGGVY is carried forward to the
DDUGJY in addition to outlay approved for the scheme. The objective of the DDUGJY are feeder
separation (for 24x7 power supply for non-agricultural consumers) and providing access to all rural
households.

As on 31.10.2016 under village electrification programme, electrification works in 1,19,664 un-

electrified villages, intensive electrification in 4,02,248 partially electrified villages have been completed
and free electricity connections to 249.89 Lakh BPL households have been released. Total subsidy
released under the village electrification programme until now is Rs. 43641.33 crore.

By the end of 31st March, 2015, out of the total 5,97,464 villages in India (Census, 2011),
5,79,012 villages (97%) had been electrified. As per recent announcement made by Hon’ble Prime
Minister to electrify all villages in 1000 days, a road map for electrification of balance 18,452 un-
electrified villages has been prepared wherein it is planned to electrify 5686 villages in 2015-16, 8360
villages in 2016-17 and 4406 villages in 2017-18. Due to aggressive efforts by the Ministry of Power and
State Power Distribution Utilities, 590642 villages has been electrifies which is 98.8 % (November, 2016)
and about 6822 un-electrified villages have been left for electrification in India.

Issues related to Rural Electrification Program and providing 24 x 7 Electricity of ALL

a. In 2005, it was estimated that out of 13.8 crore rural households about 7.8 crore households are
un-electrified (as per 2001 Census). Therefore it was planned to provide free electricity
connection to 2.34 crore BPL households (30 %) under RGGVY out of 7.8 crore households. As
on 31.10.2016 under village electrification programme, free electricity connections to 2.50 crore
BPL households have been released. But as per Ministry of Power/ Rural Electrification
Corporation (REC) about 5.75 crore rural households are still un-electrified in the country. Focus
needs to be given to electrify balance rural households in the county most of which are located in
remote locations.
b. Emphasis should be given to electrify remaining villages and households in the country through
decentralized distribution generation to minimize the distribution losses and operational hurdles.
c. The State Governments were to provide 6-8 hours electricity in Infrastructure created under
DDUGJY. The Ministry of Power/ REC should ensure that at least 6-8 hours electricity is
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supplied in the infrastructure created under DDUGJY by States so that infrastructure created under
massive village electrification programme is optimally utilized and maintained.
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No loudspeakers at places of worship: Restive Rampur
village shows the way
timesofindia.indiatimes.com /city/bareilly/no-loudspeakers-at-places-of-worship-restive-rampur-village-
shows-the-way/articleshow/58979209.cms

04/06/2017

Nazar Abbas | TNN | Updated: Jun 4, 2017, 10:13 IST

Representative image
RAMPUR: In rare show of communal amity, Hindus agreed to remove loudspeaker from temples and Muslims
from mosques in a restive Moradabad village. According to police officials, tension was simmering in the village
for the past three years over loudspeakers at houses of worship of both communities.

Circle officer (rural) Chakramani Tripathi told TOI, "Police and district administration of Moradabad are full of
praise for the initiative taken by the elders of both the communities who amicably resolved the issue in the holy
month of Ramzan."

Triyadan village under the jurisdiction of Bhagatapur police station here has been in news for recurring
communal violence over the use of loudspeakers on places of worship of both the communities in the past three
years.

Dinesh Singh, a 40-year-old village resident, said, "Outsiders who had nothing to do with the village used to
ignite communal tension which would often lead to violence. Later, police cases were filed against members of
both the communities and many of us landed in jail. It took us a long while to see through their game-plan. Once
things became clear to us, we decided to talk to each other which worked in everybody's favour."

Zakir Hussain, a 55-year-old villager, said, "Violence is an act of satan. In the holy month of Ramzan, we decided
to take loudspeakers off the minarets of the mosques. Our Hindu brothers also decided to take loudspeakers off
the temples. Now, we all live in peace here."

Superintendent of police (rural) Uday Shankar told TOI that the initiative was taken by elders from both the
communities who gathered everybody along where the issue of recurring communal tension was discussed
threadbare. "Finally, they decided to do away with loudspeakers at the religious places."

Use of loudspeakers at places of worship have led to a series of violence in the restive western Uttar Pradesh in
the past few years, including Kanth in Moradabad, Muzaffarnagar, Shamli, Sambhal and other such places.

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