The Gujarat High Court has dismissed a Public Interest Litigation (PIL) seeking a ban on the use of loudspeakers for Azaan in mosques, stating that it does not cause noise pollution. The division bench, comprising Chief Justice Sunita Agarwal and Justice Aniruddha P Mayee, termed the petition “wholly misconceived.”
The PIL, filed by Bajrang Dal leader Shaktisinh Zala, argued that the playing of Azaan through loudspeakers leads to “noise pollution,” adversely affecting the health of people, especially children, and causing general inconvenience. However, the High Court found no merit in these claims.
Chief Justice Agarwal, during the hearing, questioned the petitioner’s counsel on the noise pollution aspect, asking,
“For how many minutes the azaan goes on? Not less than 5 minutes, where is the question of noise pollution? Show us the decibels. Technically how many decibels of noise [is caused by] azaan?”
When the counsel asserted that it exceeded the decibel limit, the Chief Justice responded,
“Your DJ creates a lot of pollution. We are not entertaining this kind of PIL. It is a faith and practice going on years together and it is a moment of only 5-10 minutes. Azaan goes on for less than 10 minutes.”
The Chief Justice further highlighted the similarity with other religious practices, stating,
“In your temple, the morning aarti with drums and music also starts early, at 3 am. So, does it not cause any kind of noise to anyone? Can you say the noise of ghanta (bell) and ghadiyal (gong) remain in temple premises only? Does it not percolate outside the temple?”
The court emphasized that noise pollution is a scientific issue and criticized the lack of scientific evidence in the petition.
“Noise pollution is a scientific issue. Since you say noise pollution, if it is scientifically placed before the court, how many decibels is raised?”
the Chief Justice asked. The bench noted that the petitioner failed to provide any data to prove that a ten-minute Azaan causes noise pollution.
In dictating the order, the bench stated,
“We fail to understand as to how the human voice making azaan through loudspeaker in the morning could achieve the decibel [level] to the extent of creating noise pollution causing health hazards to the public at large.”
The court’s decision reflects a balanced approach, considering the religious practices of different communities and the need for scientific evidence in claims of noise pollution. The dismissal of the PIL underscores the court’s stance on maintaining harmony among diverse religious practices while emphasizing the importance of substantiated claims in legal proceedings.
