The Allahabad High Court’s decision to allow azan during the extant lockdown has provided judicial clarity to a matter that should not have been in the court in the first place. There is no doubt that the azan is ‘an essential and integral part of Islam’, as the court observed. Indeed, the right to profess religion is a fundamental right of the citizens of India, and thus, there should have been no impediment to their exercising this right. Even as it directed the administration not to cause hindrance to this, the High Court added that the use of ‘loudspeakers or other sound-amplifying devices could not be said to be an integral part of the religion.’
The use of loudspeakers for religious and cultural functions has assumed the dimensions of a menace to society. From time to time, voices have been raised by concerned citizens about the disturbance caused by the loudspeakers blaring at night or other times. The egregious conduct transcends religious denominations and cultural groupings. Unfortunately, it rises to intolerable levels as competitive religiosity and cultural one-upmanship fuel a race to deploy increasingly powerful sound systems at various venues, and even in the streets.
The noise levels should not exceed 55 decibels in residential localities during the day and 45 at night, but the implementation of such laws often takes a back seat. Uniformity in the enforcement of rules is a fundamental requirement of all modern democracies. The spirit of the High Court’s judgment demands that loudspeakers should be used in a manner that their noise outside the boundaries of the place of worship does not exceed the limits prescribed by noise pollution laws. Indeed, such is the law in many nations, and it has to be applicable to everyone — all religious denominations and cultural events.