Monday, February 17, 2025

Loudspeakers Are Not a Right: Allahabad High Court’s Landmark Decision

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In a landmark ruling, the Allahabad High Court has once again upheld the principle that religious freedom must coexist with public order. The court firmly stated that the use of loudspeakers in mosques is not a fundamental right, emphasizing that religion does not mandate amplification for worship or prayer calls.

Case Highlights

  • The decision stemmed from a petition by Mukhtiyar Ahmad, seeking permission to install loudspeakers in a mosque.
  • The court dismissed the plea. It was noted that the petitioner lacked legal standing and reinforcing that the use of loudspeakers cannot be claimed as an inherent right.
  • The judgment reiterates that religious practices like the ‘azaan’ are integral to Islam. However, the use of loudspeakers is not essential or mandated by religious doctrines.

A Clear Legal Precedent

This decision is not an isolated one but builds upon earlier rulings of the Allahabad High Court. Notably:

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  • May 2022 Judgment: The court upheld that delivering ‘azaan’ via loudspeakers is not protected under the Constitution as a fundamental right.
  • May 2020 Decision: During the COVID-19 lockdown, muezzins were allowed to recite the ‘azaan’ without loudspeakers. This affirms that amplification is not an intrinsic part of the Islamic call to prayer.

Balancing Rights and Public Welfare

India’s Constitution guarantees religious freedom under Articles 19(1)(a) and 25, which protect the rights to speech and religious practice. However, these freedoms are subject to reasonable restrictions to ensure public order, morality, and health. The court’s decisions clarify that:

  1. Amplification Is Not Essential: No religion can claim that the use of loudspeakers or amplifying devices is fundamental to their faith.
  2. Regulation Is Necessary: Sound amplification, when unregulated, can lead to noise pollution. It can disturb public peace, infringing upon the rights of others.

Why This Decision Matters

The court’s ruling aligns with the broader goal of fostering societal harmony. Loudspeakers, while widely used for azaan purposes, often generate conflicts due to their impact on nearby residents. This is particularly in densely populated areas. By limiting their use, the court prioritizes the right to a peaceful environment over non-essential practices.

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A Step Toward Noise-Free Coexistence

This judgment sets a precedent for balancing individual religious freedoms with collective welfare. It sends a strong message that practices contributing to noise pollution, even under the guise of religion, must be reconsidered.

The Bigger Picture

India, a diverse nation with numerous religions and practices, thrives on coexistence. No practice should come at the cost of public order. The Allahabad High Court’s ruling underscores the importance of upholding constitutional principles. No group’s practices impose undue inconvenience on others.

This decision paves the way for a quieter coexistence, reminding us that spirituality and peace should go hand in hand.

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