Ban on reciting Azaan on loudspeaker during lockdown is appropriate – Allahabad High Court

To recite Azaan from the loudspeaker is not an essential part of Islam.

When loudspeakers did not exist, Azaan was still recited.

To ban recital of Azaan on the loudspeaker is not an infringement of freedom of religion.

The general public feels that such an order should not be limited only during the lockdown, but should be made applicable in the entire country permanently.

Prayagraj (UP) – 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. Pronouncing the judgment on 15^th May, the court also held that Azaan may be an essential part of Islam but its recitation through a loudspeaker or other amplifying device cannot be said to be an integral part of the religion and warranting protection of the fundamental right enshrined under Article 25 of the Constitution (right to religious freedom), which even otherwise is subject to public order, morality and health, and other provisions of the Constitution.

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 the religious order, Azaan has to be recited by the Imam. The court directed the Allahabad High Court Registrar-General to forward a copy of the judgement to the UP Chief Secretary for onward circulation to all District Magistrates in the State to ensure compliance.

In the PIL, Ansari had requested the court to direct the Ghazipur administration to permit the recitation of Azaan by only one person from mosques as it does not violate the guidelines issued to contain Covid-19.

However, the State Government said in its counter-affidavit that since 24^th March, when the lockdown was announced, no religious activity was being carried out at any religious place. Also, loudspeakers are not being used for any religious purpose by temples, mosques, gurdwaras, etc.

“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 further observed.

Right to sleep is not only a fundamental right but it is to be conceded to be a basic human right,” the Court observed.

When the loudspeakers did nor exist, the Azaan was still being recited and the people used to gather for offering Namaz. Therefore, to ban the Azaan being recited from loudspeakers cannot be said as an infringement of religious freedom as enshrined in Article 25 of the Constitution.

“Right to religion by no stretch of the imagination ought to be practised, professed and propagated saying that a microphone has become an essential part of religion. No one has got the right to make other persons captive listeners. One cannot disturb others’ basic human rights and fundamental rights. Right to sleep is not only a fundamental right but it is to be conceded to be a basic human right,” the Court observed.

Reactions of Muslim religious leaders

Speaking on the judgement Qazi Shafiq Ahmed Sharifi of Prayagraj said, “We are implementing the ban on loudspeakers imposed between 10 p.m. to 6 a.m. Right from earlier days. (This is Goebbels techniques – Speak a lie hundred times, people will believe it once. The ban is being infringed by reciting Azaan on loudspeakers in loud voice throughout the country and the Police and administration are inactive in taking any action against it. – Editor) The Court says there is no ban on Azaan. We will study the judgement and take the further decision”.

Syed Hassan Raza Zaidi, Imam-e-Juma, Shia Jama Masjid, said, “The Court said, ‘When the loudspeakers did nor exist, the Azaan was still being recited and the people used to gather for offering Namaz’. I will say, many things did not exist in the past. The things which came into beings after new technology developed are being used now. (The advent of new technology does not mean that these should be used to harass others or break the rules. – Editor) Therefore, I request the Court to reconsider its judgement.