Loudspeakers and the Law: India

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Azaan

Allahabad HC bans sound-amplifying devices 10pm-6am

Rajesh Kumar Pandey, No one can be forced to hear something: HC, May 16, 2020: The Times of India

‘Loudspeaker Not Necessary For Azaan Recitation’


Prayagraj:

The Allahabad high court has held that “azaan” (the call to ritual prayer in Islam) can be recited from the minarets of mosques by human voice only and without the use of any amplifying device or loudspeaker.

The HC added such recitation by human voice cannot be hindered under the pretext that it violates the guidelines issued by the state government to contain Covid-19.

Giving the verdict, the HC held “azaan” may be an essential part of Islam but its recitation through a loudspeaker cannot be said to be an integral part of the religion and warranting protection of fundamental right enshrined under Article 25 of the Constitution, which otherwise is subject to public order, morality, health, and other constitutional provisions.


Cannot make others captive listeners: HC

Under no circumstances can soundamplifying devices be permitted to be used between 10pm and 6am by the district administration. “It cannot be said that a citizen should be coerced to hear anything which he does not like or which he does not require since it amounts to taking away the fundamental right of the other person,” the court observed. Disposing of a PIL filed by Ghazipur BSP MP Afzal Ansari and others, a division bench comprising Justice Shashi Kant Gupta and Justice Ajit Kumar observed, “Traditionally, and according to religious order, ‘azaan’ has be to recited by the imam, or the person in charge of mosques, through their own voice.” “No one has got the right to make other persons captive listeners,” they observed.

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