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Gujarat High Court Dismisses PIL Seeking Ban on Loudspeakers for Azaan

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Dil Bar Irshad
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Gujarat High Court Dismisses PIL Seeking Ban on Loudspeakers for Azaan

The dismissal of a public interest litigation (PIL) by the Gujarat High Court, which sought a ban on the use of loudspeakers for 'azaan' at mosques, has ignited wide-ranging discussions on the crossroads of religious practices, noise pollution, and legal boundaries. The ruling, led by Chief Justice Sunita Agarwal and Justice Aniruddha P Mayee, signifies a delicate equilibrium between upholding religious traditions and mitigating noise-related issues without targeting a specific faith.

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Insistence on Empirical Evidence

Shaktisinh Zala, a Bajrang Dal leader and the petitioner, argued that the amplification of azaan through loudspeakers culminated in noise pollution, negatively impacting public health and causing inconvenience. Nevertheless, the court maintained that the petition was bereft of empirical evidence and scientific basis to validate these claims. The court emphasized the brief duration of azaan, usually lasting 5-10 minutes, was unlikely to breach noise pollution regulations.

A Non-Discriminatory Approach

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The court, by drawing comparisons of azaan with sounds from Hindu temple rituals, specifically the morning aarti accompanied by drums and music commencing early at 3 am, underscored the need for an impartial approach to noise-related issues emanating from religious practices. The court, by emphasizing the need for a broader examination of noise impacts across different religious traditions, advocated for a balanced and inclusive perspective. This approach mirrors a dedication to treating all religious practices equally within the context of noise pollution regulations, evading discriminatory treatment grounded on faith or belief systems.

Broader Implications and Future Precedents

The broader ramifications of the court's resolution extend to the peaceful coexistence of diverse religious practices within society. Dismissing the PIL and emphasizing the deep-rooted nature of faith and tradition associated with azaan, the court reaffirmed the importance of respecting religious customs, while also upholding legal standards related to noise pollution. The court's focus on the duration of azaan and its limited potential for noise pollution sets a precedent for evaluating similar cases in the future. The emphasis on the brief duration of azaan as a factor in assessing noise pollution aligns with the need to consider the specific characteristics of religious practices when evaluating their environmental impact.

In essence, the Gujarat High Court's dismissal of the PIL seeking a ban on loudspeakers for azaan at mosques embodies a nuanced approach to harmonizing religious practices and noise pollution concerns within a legal framework. The court's stress on empirical evidence, its non-discriminatory comparison of religious practices, and its affirmation of the deeply rooted nature of faith collectively underline the complexities and sensitivities involved in addressing noise-related issues arising from religious observances. The decision, therefore, carries broader implications for the equitable treatment of diverse religious practices and the application of evidence-based standards in evaluating noise pollution concerns within a multi-faith society.

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