AZAAN ON LOUDSPEAKERS NOT A FUNDAMENTAL RIGHT: INDIAN COURT

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Fri 06 May 2022: 

The Allahabad High Court on Friday ruled that delivering the azaan on loudspeakers is not a fundamental right.

The court made this remark while dismissing a petition filed by one Irfan of Budaun district, who sought permission to play azaan using loudspeakers in the Noori Masjid.

“The law has now been settled that use of loudspeaker from mosque is not a fundamental right. Ever otherwise a cogent reason has been assigned in the impugned order. Accordingly, we find that the present petition is patently misconceived, hence the same is dismissed,” said the court.

The court further said that although azaan is an integral part of Islam, delivering it through loudspeakers is not a part of the religion.

“Azaan is an integral part of Islam, but giving it through loudspeakers is not a part of Islam,” a bench headed by Justice BK Vidla and Justice Vikas said.

Ruling on the petition, a two-judge bench of the Allahabad High Court had noted that there have been previous instances where courts have ruled that the call for prayer on a loudspeaker is not a fundamental right.

Azaan is the Islamic call to prayers which is given five times at prescribed times of the day. A muezzin is a person who proclaims the call to the daily prayer five times a day at a mosque.

Islamophobia

Last month, The US state of religious freedom in India “significantly worsened” last year, a United States panel has said, calling for targeted sanctions against the country over alleged abuses.

In its annual report released on Monday, the US Commission on International Religious Freedom (USCIRF) urged the State Department for the third straight year to place India on the US list of “countries of particular concern”.

The independent bipartisan panel accused India of “engaging in and tolerating systematic, ongoing, and egregious violations of religious freedom”.

The USCIRF puts forward recommendations and documents alleged abuses, but the State Department ultimately makes the decision on the religious freedom blacklist.

“During the year, the Indian government escalated its promotion and enforcement of policies—including those promoting a Hindu-nationalist agenda—that negatively affect Muslims, Christians, Sikhs, Dalits, and other religious minorities,” the report (PDF) said.

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