The High Court rejected a plea seeking permission to use loudspeakers On top of a mosque. It stated that religious places are meant for offering prayers, and the use of loudspeakers cannot be considered a fundamental right. The court emphasized maintaining peace and harmony. This ruling highlights the balance between religious practices and public order.
Prayagraj: The Allahabad High Court dismissed a writ petition that sought to compel state authorities to allow the installation of loudspeakers at a mosque.
The court noted that religious places are intended for prayer, emphasizing that the use of loudspeakers is not an inherent right.
Dismissing the petition filed by Mukhtiyar Ahmad from Pilibhit, the two-judge bench, consisting of Justice Ashwani Kumar Mishra and Justice Donadi Ramesh, stated,
“Religious places are for offering prayers to the divinity, and the use of loudspeakers cannot be claimed as a matter of right, particularly when such use often creates nuisance for the residents.”
The state counsel raised an objection to the petition’s maintainability, arguing that the petitioner was neither a mutawalli nor the owner of the mosque.
Additionally, the court highlighted that the petitioner lacked the legal standing, or ‘locus,’ necessary to file the writ petition, which refers to the right of an individual or entity to engage in legal proceedings.
The use of loudspeakers at mosques, particularly for the call to prayer (Azzan ), has been a subject of discussion and sometimes controversy in various parts of the world. Here are some key points related to this topic:
Religious Importance
- The Azzan is a important ritual in Islam, traditionally called out by a muezzin to announce prayer times.
- Loudspeakers have become a common means of amplifying the call to prayer, especially in urban areas.
Regulations and Controversies
- Noise Pollution Concerns:
- Loudspeakers can contribute to noise pollution, especially in densely populated areas.
- Some residents, regardless of their religious beliefs, have raised concerns about high decibel levels.
- Legal and Regulatory Actions:
- Many countries, including India, have regulations to limit the use of loudspeakers during specific hours or above certain decibel levels.
- Some states in India, like Uttar Pradesh, have implemented strict guidelines on the usage of loudspeakers in religious places to balance cultural practices with noise pollution control.
- Community Agreements:
- In some places, local communities have voluntarily agreed to lower volumes or limit the use of loudspeakers to minimize disruptions.
- Court Rulings:
- Courts in India and elsewhere have addressed petitions concerning loudspeakers, often balancing religious freedoms with public order and environmental concerns.
Societal Impact
- The discussion around loudspeakers often touches broader issues like secularism, freedom of religion, and coexistence in diverse societies.
- It can also lead to dialogue and collaboration between communities for mutually agreeable solutions.
The court referred to earlier rulings and made it clear that while the Azan is an important part of Islam, using loudspeakers for it is not a fundamental right. The bench mentioned that this issue has already been decided in previous cases, stating that religious practices using loudspeakers are not protected as a basic right.
This decision follows earlier judgments, such as the 1955 case of Masud Alam vs Commissioner Of Police, where the court said that using loudspeakers for the Azan is not a necessary religious practice and can be controlled to avoid disturbing the public.
These rulings show that while people have the right to practice their religion, this right doesn’t allow practices that could disturb public order, health, or the rights of others. The use of loudspeakers is therefore allowed but must be regulated to ensure it doesn’t affect the well-being of the community.