The Allahabad High Court recently rejected a petition seeking permission to install loudspeakers at a mosque in Pilibhit, Uttar Pradesh. The court ruled that using loudspeakers for religious practices, including the Islamic call to prayer (Azzan), is “not a fundamental right” and must comply with noise regulations to ensure public peace.
A two-judge bench comprising Justice Ashwani Kumar Mishra and Justice Donadi Ramesh stated:
“Religious places are meant for offering prayers to the divinity. The use of loudspeakers cannot be claimed as a matter of right, especially when it creates a nuisance for residents.”
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The petition, filed by Mukhtiyar Ahmad, argued for the right to use loudspeakers at a local mosque. However, the court dismissed it on two grounds. First, the petitioner lacked legal standing as he was neither the mosque’s owner (mutawalli) nor its caretaker. Second, the court emphasized that amplified Azzan disrupts public order, referencing existing noise control laws.
The state counsel opposed the petition, stating it violated noise regulations under the Uttar Pradesh Noise Control Rules.
Historical Context
This ruling aligns with previous judgments balancing religious freedom and community welfare. In the 1955 case of Masud Alam vs Commissioner of Police, courts ruled that loudspeakers are not essential for Azzan and can be regulated. Similarly, environmental laws like the Environment Protection Act, 1986, prioritize noise pollution control.
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“Religious practices using loudspeakers aren’t protected as fundamental rights if they infringe on public health or peace,” the bench noted.
The Azzan, a five-times-daily call to prayer, holds deep spiritual significance in Islam. Traditionally delivered by a muezzin, loudspeakers became common in urban areas to amplify the call. However, this practice has led to growing conflicts.
Residents, including non-Muslims, have raised concerns about noise disturbances, especially during early mornings or late nights. Prolonged exposure to high decibel levels can also cause health issues like hearing loss and stress.
While respecting religious sentiments, courts stress that practices must not harm societal well-being.
Societal and Legal Implications
The ruling strengthens noise control laws, allowing states like Uttar Pradesh to enforce stricter decibel limits and time restrictions for loudspeakers. It also encourages interfaith discussions to adopt solutions like low-volume Azzan or silent alerts via mobile apps.
The judgment underscores India’s commitment to secularism—protecting religious freedom while prioritizing collective rights.
“The right to religion cannot override public order or health,” the court reiterated.
The Allahabad High Court’s decision reinforces that religious practices must adapt to modern societal needs. By regulating loudspeakers, the judiciary aims to reduce noise pollution, foster mutual respect among communities, and uphold the constitutional balance between individual rights and public welfare.
