Using Loudspeakers In Mosque Not A Fundamental Right: Here's What Allahabad HC Said
The Allahabad High Court has dismissed a petition seeking permission for the use of loudspeakers at a mosque for azaan, and observed that the law has now been settled that it is not a fundamental right.?
The petition was moved by one Irfan of Badaun district after a subdivisional magistrate had in December last year rejected his application seeking permission for playing loudspeaker/mike in a village mosque at the time of azaan.
What the Allahabad HC said
The counsel for the petitioner submitted that the impugned order of the SDM was wholly illegal and violates the fundamental and legal rights of the petitioner to run loudspeaker from the mosque.
After hearing the arguments, the court said, "The law has now been settled that use of loudspeaker from mosque is not a fundamental right. Even otherwise a cogent reason has been assigned in the impugned order. Accordingly, we find that the present petition is patently misconceived, hence the same is dismissed."
This comes at a time when the use of loudspeakers at religious places are coming under the scanner.
Crackdown on illegal use of loudspeakers
Uttar Pradesh is one of the sates that have stated a strict crackdown on the illegal use of loudspeakers in religious places.
A statewide drive undertaken to remove unauthorized loudspeakers from religious places and set the volume of others within permissible limits began on April 25.
In the first week, according to officails, nearly 54,000 unauthorised loudspeakers were removed from religious places and the volume of over 60,000 was set to permissible limits across Uttar Pradesh.
In 2017 the High court had asked the UP government if the loudspeakers at religious and public places were installed after taking permission in writing from authorities referring to the Noise Pollution (Regulation and Control) Rules, 2000.
The recent drive against loudspeakers followed after Chief Minister Yogi Adityanath, during a review meeting, in April, said that people have the freedom to perform their religious practices according to their faith.
"Though microphones can be used, it should be ensured that the sound does not come out of any premises. People should not face any problem," he had said.
Loudspeakers making noise in many states
In several states like Karnataka, Maharashtra and Delhi, Hindutva group and political parties like Mahrashtra Navnirman Sena and the BJP have been demanding that loudspeakers at religious places should be removed.
In Bihar, Chief Minister Nitish Kumar has maintained that his government will "never indulge in such politics" or interfere in any religion.
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