The Allahabad High Court has said that religious places are meant for prayer and devotion, and the use of loudspeakers cannot be considered a fundamental right, especially when it disturbs others.
This statement came as the court dismissed a petition by Mukhtiyar Ahmad, who wanted state permission to install loudspeakers at a mosque. The court ruled that Ahmad did not own the mosque or hold the position of mutawalli (caretaker), which meant he did not have the legal standing to file 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 another similar decision, the Bombay High Court recently stressed strict measures against loudspeakers, calling them non-essential for religious practices. The court highlighted the health risks caused by noise pollution and urged authorities to act against 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 gave this ruling while hearing a petition by housing associations in Mumbai, who complained about loudspeaker disturbances from nearby mosques.
The Allahabad High Court had earlier made a similar decision in May 2022, rejecting a petition to allow loudspeakers for Azaan (call to prayer). “Using loudspeakers for Azaan is not a fundamental right,” the court had said at the time.