The Allahabad High Court observed that religious places are primarily meant for prayer and devotion and the use of loudspeakers cannot be claimed as a right especially when it often creates nuisance to residents.
This observation came as the court dismissed a petition filed by Mukhtiyar Ahmad, who sought state permission to install loudspeakers at a Masjid, according to Live Law.
The bench comprising Justices Ashwani Kumar Mishra and Donadi Ramesh, upheld the state’s objection to the petition’s maintainability, noting that the petitioner neither owned the Masjid nor held the position of mutawalli, thereby lacking locus standi.
Similarly, the Bombay High Court recently called for strict measures against loudspeakers, deeming them non-essential to religious practices.
A division bench of Justices AS Gadkari and SC Chandak noted the health hazards posed by noise pollution and directed enforcement agencies to act promptly against violators. The court also instructed the state to guide religious institutions in adopting noise-control mechanisms, such as calibrated sound systems with auto-decibel limits.
This ruling was issued while hearing a petition by housing associations in Kurla—Jaago Nehru Nagar Residents Welfare Association and Shivsrushti Co-operative Housing Societies Association over loudspeaker disturbances at Masjids.
In May 2022, the Allahabad High Court similarly ruled that the use of loudspeakers for Azaan is not protected as a fundamental right, dismissing a petition by Irfan, a resident of Uttar Pradesh’s Badaun district, who sought to overturn a sub-divisional magistrate’s decision rejecting his request for loudspeaker use.
This post was last modified on January 24, 2025 5:57 pm