No loudspeakers for azaan, only human voice allowed’: UP top court orders

[Sachin200]

New Delhi: The Allahabad High Court Friday allowed the muezzins in the state to recite the azaan (call to prayer) from minarets of mosques during the lockdown, ruling that recital of the azaan is an integral part of Islam.

However, the bench, comprising Justices Shashi Kant Gupta and Ajit Kumar, refused to allow the use of loudspeakers for the recitation, stating that the use of loudspeakers or microphones cannot be considered an integral part of Islam.

It observed that the use of loudspeakers, in fact, affects the fundamental rights of citizens under Article 19(1)(a) of the Constitution, and observed: “No one has got the right to make other persons captive listeners. One cannot disturb others’ basic human rights and fundamental rights.

The state government had relied on the lockdown guidelines issued by the Ministry of Home Affairs on 24 March, pointing out that they provide for closure of all places of worship.

The court, though, rejected this contention.

“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.

The court directed the district administrations to not cause any hindrance to the recital of azaan from mosques being done without loudspeakers on the pretext of it violating the lockdown guidelines.

[Sachin200]

The order states,

 

"Therefore, it is held that Azan may be an essential and integral part of Islam but recitation of Azan through loud­ speakers 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 of India."

Allahabad High Court

The order passed by a Division Bench of Justices Shashi Kant Gupta and Ajit Kumar states,

 

"Therefore, until and unless there is a license/permission from the authorities concerned under the Noise Pollution Rules, under no circumstances, Azan can be recited through any sound amplifying devices. In case Azan is being recited through aforesaid means, it will be violative of provisions contained under the Noise Pollution Rules and strict action is liable to be taken against the persons violating such Rules, in accordance with law."

Allahabad High Court

[Android_Halwa]

Here comes the change...

[odhu_le_macha]

Good decision  

[Sachin200]

10 pm to 6 am is strictly prohibited and remaining times it is upto authority

[JaiTDP]

[karthik25]

UCC teesukorandi vayya... 

[jalsa01]

Good move... AAA churches lo sundays kuda aapi mingali... or only in holy places allow cheyali..