Nobody1 can claim a fundamental right to create noise by amplifying the sound of his speech with the help of loudspeakers. While one has a right to speech, others also have a right to listen or decline to listen. Nobody can be compelled to listen and nobody can claim that he has a right to make his voice be heard by others.
If anyone increases his volume of speech and that too with the assistance of artificial devices like amplifiers, loudspeakers, etc. and forces people to listen, then the person speaking is violating the right of others to a peaceful, comfortable and pollution-free life.2 Even though Article 19 of the Constitution of India, gives the right to freedom of speech and expression to everyone, it cannot defeat another fundamental right that we have under the Constitution, which is the right to live a peaceful life guaranteed by Article 21 of the Constitution.
- Noise Pollution (V), In re, (2005) 5 SCC 733.
- Article 21 of the Constitution of India, 1950.