No Azaan in loudspeaker Only Human voice allowed (allahabad HC) – Burning Issues – Free PDF Download

WHAT HAPPENED?

•  In a major ruling, Allahabad High Court allowed azaan in mosques without using any amplifier or loudspeaker.
• The court, while responding to a batch of PILs and letter petitions challenging the Ghazipur district administration’s restrictions on recital of azaan during COVID-19 lockdown

GHAZIPUR DISTRICT

• Ghazipur district is a district of Uttar Pradesh state in northern India. The city of Ghazipur is the district headquarters. The district is part of Varanasi Division.

THE ISSUE

•  The petitioner alleged that all of a sudden from April 24 onwards, it was found that ‘azaan from mosques had been prohibited by local administration in Ghazipur. Consequently, the police administration issued a warning that if anyone dared to make ‘azaan’, they would be booked under the National Security Act (NSA).

REASONS

•  In this backdrop, the affidavit filed by additional chief secretary home, Avanish Awasthi, clarified that Ghazipur district has been declared as hotspot area, hence in terms of guidelines issued by Union Ministry of Home Affairs, New Delhi on March 24, 2020, certain restrictions have been imposed. Since ‘azaan’ is basically a call for prayer on loudspeaker, hence it has been restricted in Ghazipur, he stated in the affidavit.

CONCLUSION

•  Holding that azaan (call to prayer) “may be an essential and integral part of Islam”, the Allahabad High Court said 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 of the Constitution of India, which is even otherwise subject to public order, morality or health and to other provisions” of Part III of the Constitution.

WHAT HC SAID

•  a division bench of Justices Shashi Kant Gupta and Ajit Kumar said azaan can be recited by the muezzin from the mosque minarets “by human voice without using any amplifying device and the administration is directed not to cause hindrance… unless such guidelines are being violated”.

WHAT HC SAID

•  But the bench made it clear that “under no circumstances sound amplifying devices can be permitted to be used between 10.00 pm to 6.00 am by the district administrations.
•  the petitioners have failed to bring on record or even plead that they sought any such permission for the use of sound amplifying devices, for recital of Azan from their respective mosques and, therefore, their use without such permission would be illegal and cannot be accorded approval by this Court. However, in case any such application is filed before the concerned authorities, that may be dealt with in accordance with law including Noise Pollution Rules”.

LOUDSPEAKERS NOT ESSENTIAL FOR ISLAM

• The court referred to the Supreme Court as well as high court judgments to reject the contention that the use of loudspeakers was essential for practice of Islam.
• For instance, it referred to the judgment in Church of God (Full Gospel) in India v. K.K.R. Majestic passed in 2000, when the Supreme Court had observed that “no religion or religious sect can claim that the use of loudspeakers or similar instruments for prayers or for worship or for celebrating religious festivals is an essential part of the religion which is protected under Article 25”.
• The high court then observed that the petitioners have not been able to prove any azaan cannot be offered without using loudspeakers.

RESPONSE

•  The petitioners’ counsel, Syed Safdar Ali Kazmi, said the judgment was in their favour and they were content with it. “We wanted permission for azaan, which the honourable court has granted,” Kazmi said.

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