New Delhi: The Allahabad High Court recently ruled that religious places are primarily meant for offering prayers, and the use of loudspeakers cannot be considered a fundamental right, especially when it causes disturbance to nearby residents, reports the Times of India.
In Mukhtiyar Ahmad vs. State of UP and Others, a bench comprising Justice Ashwani Kumar Mishra and Justice Donadi Ramesh delivered the verdict while dismissing a writ petition filed by Mukhtiyar Ahmad. The petitioner sought a directive to allow the installation of loudspeakers in a mosque.
The state counsel opposed the petition, arguing that the petitioner was neither the mutawalli of the mosque nor held any legal authority over it. The Court upheld this objection, stating that the petitioner lacked the legal standing to file the plea.
The Court further emphasised that the use of loudspeakers at religious places cannot be claimed as an inherent right. The petition was accordingly dismissed.
In earlier rulings, the Court had maintained a similar stance. In May 2022, it clarified that using loudspeakers in mosques is not a fundamental right. However, in May 2020, the Court allowed muezzins to recite the Azan during the COVID-19 lockdown without the use of amplifying devices, noting that while Azan is an integral part of Islam, loudspeakers are not essential for the practice.
In 2022, the Court also dismissed a contempt plea regarding loudspeaker use in temples and mosques, terming it as litigation aimed at disrupting communal harmony during elections.
The Muslim community has expressed concern over the ruling, stating that it undermines their religious practices and traditions. While acknowledging the need to maintain harmony and reduce inconvenience, community leaders emphasised that the use of loudspeakers is an established cultural practice for calling the faithful to prayer. They urged the authorities to strike a balance between respecting religious rights and addressing public concerns, ensuring that the essence of religious freedom is preserved.
