- In Irfan vs State of UP and ors. the Allahabad HC has observed that the use of loudspeakers in mosques is not a fundamental right.
- The petitioner, Irfan, had moved the HC aggrieved by an order passed by SDM Tehsil Bisauli, District Badaun rejecting an application seeking permission for playing azaan on a loudspeaker. He contended that the playing of azaan on a loudspeaker is a fundamental as well as a legal right and the order of the SDM was wholly illegal.
- He therefore sought to quash the order by the writ of certiorari.
- The Court observed that the use of microphones from the mosque is not a fundamental right. Thus, the petition was dismissed.
- It is important to note that in May of 2020, the Allahabad HC had azan is an integral part of Islam but the recitation of the same through a loudspeaker or other sound amyplifying device cannot be said to be an integral part of the religion, warranting protection of the fundamental right enshrined under Article 25 of the Constitution, which is also subject to public order, morality and health.
- In the case of Islamuddin vs State of UP and ors (2015) the Allahabad HC ahd directed the District Administration of Rampur and the Regional Pollution Control Board to ensure that there is no noise pollution by the use of any loudspeaker or any other device causing noise pollution beyond the prescribed standard in the Noise Pollution (Regulation and Control) Rules, 2000.
- Last month, the Gujarat HC has also asked the State Government to clear its stand on the use of azan in mosques all over the State.
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