Loudspeaker Use In Mosques Not A Fundamental Right, Rules High Court

Prayagraj: The Allahabad High Court on Friday dismissed a petition seeking permission for the use of loudspeakers for azaan at a mosque in Uttar Pradesh’s Badaun.

The high court observed that use of loudspeakers at mosques is not a fundamental right.

“The law has now been settled that the use of a loudspeaker at a mosque is not a fundamental right. Even otherwise, a cogent reason has been assigned in the impugned order,” a bench comprising justices Vivek Kumar Birla and Vikas Budhwar said.

The petition filed by one Irfan stated that an application seeking permission for using a loudspeaker/microphone in the village mosque at the time of azaan was rejected by the subdvisional magistrate (SDM) of Bisauli tehsil in Badaun. The petitioner argued that the SDM’s order was illegal and violated his fundamental and legal rights to use a loudspeaker at a mosque.

It’s a significant order at a time when the debate over azaan through loudspeakers is raging across the country.

In May 2020, a high court bench had observed: “Azaan can be recited by the muezzin from the minarets of mosques by human voice without using any amplifying device and such recitation cannot be hindered under the pretext of violation of the guidelines issued by the state, to contain the COVID-19 pandemic.”