The Allahabad High Court has ruled that delivering the azan on loudspeakers is not a fundamental right.
The court was hearing a petition filed by Irfan, the resident of a village in Badaun against the order of a Sub Divisional magistrate who had refused permission to install a loudspeaker at a local mosque. The petitioner had alleged that the order violated ‘fundamental’ and ‘legal’ rights. This had come after the local administration’s refusal in December 2021.
Ruling on the petition, a two-judge bench of the Allahabad High Court had noted that there have been previous instances where courts have ruled that the call for prayer on a loudspeaker is not a fundamental right. While azan (call to prayer from a mosque) is an ‘integral’ part of Islam, the use of loudspeakers for the same is not. The court observed that the use of loudspeakers at mosques was a ‘settled’ matter.
The court observed, ‘the law has now been settled that use of loudspeaker from mosque is not a fundamental right. …we find that the present petition is patently misconceived’.
The Islamic call to prayers is given five times at prescribed times of the day. A muezzin is the person appointed to give this call.
There have been numerous petitions against the use of loudspeakers for religious as well as celebratory purposes. Court orders have been uniform on their use beyond prescribed hours. The most recent order was as close as May 15, 2020, at the start of the pandemic.
The court had then too observed that while azan was an ‘essential and integral’ part of Islam, it could be given in ‘human voice without using any amplifying device’. The court was hearing petitions that asked for permission to broadcast the azan amidst the lockdown provisions.
In February 2022, the HC had ruled against the use of loudspeakers in both temples and mosques.
For the use of loudspeakers outside 10 pm- 6 am specific permission of the District Magistrate or a person designated by the officer. Violation of the norm also invites fines imposed by the Central Pollution Control Board.
