In response to a PIL seeking a statewide ban on the use of loudspeakers in mosques, the Gujarat High Court has written to the state government to reflect upon the same. A PIL was filed by one Dharmendra Vishnubhai Prajapati, a doctor from Gandhinagar in June 2020, alleging that people living nearby mosques are subjected to great inconvenience during the azan calls on loudspeakers.
The two-member bench comprising of Chief Justice Aravind Kumar and Justice Ashutosh J. Shastri passed the order on the plea moved by the doctor by issuing a notice to the state government returnable on March 10. It is learnt that Dr Prajapati had already written to the state authorities but did not get any response from them. He then moved to the court after the Allahabad High Court ruling on loudspeakers on azan in May 2020.
The Allahabad High Court in May 2020 held that while azan is certainly an essential Islamic practice, the use of microphones and loud-speakers during the same is not. In his PIL, Prajapati highlighted the arguments on limitations under article 25 which talks about freedom of conscience and free profession, practice and propagation of religion. He said, “the right contained under Article 25 of the Constitution of India is subject to public order, morality, health and Part-III of the Constitution of India, which has been violated because of the use of the loudspeakers.”
To support his argument, he also cited the use of loudspeakers as a violation of rules under noise pollution. Prajapati said that as per Rule 5 of the Noise Pollution (Regulation and Control) Rules, 2000, a loudspeaker or a public address system shall not be used except after obtaining written permission from the competent authority. However, he added, “In the facts of the case, admittedly, there is no valid written permission obtained by the persons of the Muslim community while using loudspeakers while offering prayers. Hence, some restrictions are required to be imposed upon them,”
He also mentioned that the use of loudspeakers is also a violation of Covid-19 protocols since many of the namaz offerees are not turning up to the mosques. When asked about the personal disturbances when has to face as a doctor, Prajapati replied, “the sound of the loudspeaker is very hectic and intolerable for the public at large, which causes many severe mental illnesses, physical problems to old aged persons, small children and it also affects the work efficiency for the public at large; in short, is not good for health.”