Azaan does not violate COVID-19 lockdown rules: Allahabad High Court

The Allahabad High Court, on Friday, ruled that the muezzins can recite the azaan (Islamic call to prayer) from the minarets of the mosque, saying that it does not violate the COVID-19 lockdown guidelines.

The bench of Justices Shashi Kant Gupta and Ajit Kumar, while disposing of a PILs filed by BSP MP from Ghazipur, Afzal Ansari, former Union Law Minister Salman Khursheed and senior advocate S. Wasim Qadri, seeking lifting of ban on azaan from mosques in Ghazipur, rejected the Uttar Pradesh's contention that azaan is a call for the congregation to offer prayers at the mosque, and, therefore, violates the lockdown guidelines.

“We fail to understand as to how the recital of azaan by a single person in the mosque i.e. Muezzin/Imam or any other authorised person, through human voice without using any amplifying device, asking the Muslims to offer prayer and that too without inviting them to the mosque, can be violative of any guidelines,” the bench said.

Cancelling the order issued by Ghazipur district magistrate, the court said that recitation by human voice only could not be hindered under the pretext of violation of the guidelines.

The court, however, pointed out that reciting azaan through loudspeakers or other sound amplifying devices is not an integral part of Islam, and hence, should be avoided, unless prior permission has been taken from the district administration, and the sound is kept within allowed decibel levels.

“We are of the opinion that azaan may be an essential and integral part of Islam but its recitation through loudspeakers or other sound amplifying devices cannot be said to be an integral part of the religion warranting protection of the fundamental right enshrined under Article 25, which is even otherwise subject to public order, morality or health and to other provisions in part III of the Constitution,” the bench ruled.

“No one has got the right to make other persons captive listeners. One cannot disturb others’ basic human rights and fundamental rights,” it further added.

The petitioner had pleaded that there is no specific order in the Union or state government lockdown guidelines to prohibit the recitation of azaan from the mosques. Therefore, the arbitrary decision taken by the district administration of Ghazipur to ban azaan is illegal.