The Allahabad High Court has ruled that religious places are intended for prayer and devotion, emphasizing that the use of loudspeakers cannot be considered a fundamental right, particularly when it causes disturbances to others.
The court’s statement came as it rejected a petition filed by Mukhtiyar Ahmad, who sought state approval to install loudspeakers at a mosque. The court determined that Ahmad, not being the mosque’s owner or a mutawalli (caretaker), lacked the legal standing to pursue the case.
“The use of loudspeakers cannot be claimed as a right, especially when it creates a nuisance for residents,” the bench of Justices Ashwani Kumar Mishra and Donadi Ramesh said.
In a similar ruling, the Bombay High Court recently emphasized the need for stringent action against the use of loudspeakers, deeming them non-essential to religious practices. The court underscored the health hazards posed by noise pollution and called on authorities to take action against any violations.
“Noise pollution has serious health impacts. Religious institutions should adopt sound systems with auto-decibel limits,” stated the bench of Justices A.S. Gadkari and S.C. Chandak.
The court issued this ruling while hearing a petition from housing associations in Mumbai, who raised concerns about loudspeaker noise disturbances from nearby mosques.
In May 2022, the Allahabad High Court had made a similar ruling, rejecting a petition to permit loudspeakers for the Azaan (call to prayer). At the time, the court stated, “Using loudspeakers for Azaan is not a fundamental right.”
