The high court of India’s most populous state, Uttar Pradesh (UP), has overturned a provincial ban on the recitation of Azaan but forbidden the use of loudspeakers to do so, ruling that the call for prayer can only be recited by a muezzin from a mosque’s minarets using his voice and without the aid of any amplifying device.
According to Indian media, the Allahabad High Court’s ruling was in response to several petitions challenging the UP government’s orders restricting the delivery of Azaan during the lockdown.
The petitioners included Member of Parliament Afzal Ansari, former Union Law Minister and senior advocate Salman Khurshid, and senior advocate S. Wasim A. Qadri.
The petitioners stated that under Article 22 of the Indian constitution, the fundamental right of people to practice their religion should be protected, that the Azaan was an essential part of Islam, and that the administration should therefore permit the recitation of the Azaan by at least one person from each mosque.
In response to the petition, the court said that while the Azaan may be considered an essential part of Islam, the use of loudspeakers cannot.
“Azaan may be an essential and integral part of Islam but recitation through loudspeakers or other sound-amplifying devices cannot be said to be an integral part of the religion.”
“Therefore, until and unless there is a license/permission from the authorities concerned under the Noise Pollution Rules, under no circumstances Azaan can be recited through any sound-amplifying devices,” the court said.
Moreover, the court maintained that the usage of a loudspeaker or any amplifying device would lead to legal action against violators.
“In case any such application is filed before the concerned authorities, that may be dealt with in accordance with law, including Noise Pollution Rules,” the court added.
