Azaan on the mike | 17 May, 2020

The Allahabad High Court on Friday passed a very significant order, clearly refusing use of loudspeakers for recitation of azaan. While the petition was related to closure of all places of worship in view of the lockdown, the High Court allowed the recital of the azaan from minarets of mosques, but said no to use of loudspeakers. According to the High Court, the use of loudspeakers or microphones cannot be considered an integral part of Islam. The Allahabad High Court bench comprising Justices Shashi Kant Gupta and Ajit Kumar also observed that the use of loudspeakers, in fact, affects the fundamental rights of citizens under Article 19(1)(a) of the Constitution. It said, "No one has got the right to make other persons captive listeners. One cannot disturb others' basic human rights and fundamental rights." The matter had reached the High Court when Ghazipur MP Afzal Ansari, former Union law minister Salman Khurshid had approached it saying the district administrations in Ghazipur, Farrukhabad and Hathras had passed prohibitory orders against the azaan. The Uttar Pradesh state government's stand was that the azaan was a call to the people to congregate at the mosque, which is barred by the lockdown guidelines issued by the Ministry of Home Affairs on 24 March. The Congress leaders had called these restrictions arbitrary and unconstitutional, and had demanded that Muslims in these districts be permitted to recite the azaan by using loudspeakers. They also contended that the azaan was not a call to gather in the mosque, but was simply an act of recitation by a single individual, calling the believer to offer Namaz at their homes, and thus did not violate any lockdown rule. Hearing both sides, the Allahabad High Court referred to some judgments of the Supreme Court as well as high courts in the past which had clearly rejected the use of loudspeakers for azaan. It particularly referred to the judgment in 'Church of God (Full Gospel) in India vs KKR Majestic' case of 2000, in which 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 bench also made it clear that "under no circumstances sound amplifying devices can be permitted to be used between 10 pm and 6 am by the district administrations."