A Case Analysis on Church of God (Full Gospel) in India vs K.K.R. Majestic Colony Welfare Association
In this commentary, we will analyze the important decision of the Supreme Court in Church of God (Full Gospel) in India v. K.K.R. Majestic Colony Welfare Association, examining the guaranteed right to freedom of religion under Articles 25 and 26 of the Constitution of India, in connection with the emerging right to a noise pollution-free environment that is part of the right to life and personal liberty under Article 21. The petitioner in the Church, represented by eminent advocates K.K. Venugopal, was challenging the Madras High Court ruling that had imposed limits on the Church's ability to use loudspeakers and forms of prayer as a result of a complaint filed by a residents' welfare association in relation to noise pollution. After evaluating the judgment, the Supreme Court set aside the Madras judgment and after examining the guidelines to delineate limits of sound of prayer as worship, inferred that "no religion requires that a person pray in a way that can be unnecessarily be seen as a nuisance to any other person.” Ultimately, the judgment found that even the practice of the right to practice religion is not absolute and does not take precedent over the fundamental right of citizens to live and enjoy their.