RIGHT TO 'NOT TO HEAR' OUR FUNDAMENTAL RIGHT

                                                                                                                                                                                                        

Right to ‘NOT TO HEAR’ , Azaan by speakers on mosques not an integral part of islam . #lawinroutine

• Recently ALLAHABAD HIGHCOURT ON 15 MAY 2020 IN AFZAL ANSARI V/S STATE OF UTTAR PRADESH , PIL 570 OF 2020 held that ‘azaan may be an integral part of the islam religion but reciting azaan on speakers and amplifier is not an integral part.

• In this CASE ALLAHABAD HC STATES about the wider scope OF ARTICLE 19 [1][A] . court states that ‘speech and expression ‘ also includes ‘right to not to hear’.

FACTS…..

Petitioner in this case had been not allowed by the police officials to setup speakers on the mosques temporarily . for the reason to maintain peace and public transquilty . district magistrates of hathras , farrukhabad and ghazipur puts restriction on azaan playing over speaker till the expiration of covid19 . the reason they states that due to lockdown protocol to maintain peace.

PETITIONER CONTENTION……

1. To profess and promulgate own religion is a right of an citizen and state is bound to protect our rights.

2. Word profess in article 25 includes profess of religion in any manner like singing in Sufism and dancing in ‘nagas’.

3. Article 19 clause 1 sub clause [a] provides us right to speech and expression also.

4. Act of azaan over speaker by non recording or by human is a custom , not a new practice.

RESPONDENT CONTENTION….

1. An individual also have a right to remain silent . silent an integral part of speech and expression , which is held by honourable supreme court in a case of a christian school named as ‘jana gana mana case’ . word silent also includes right to peace and right against any disturbance sound..

2. Profession of Islam religion in mosques no doubtly their rights under article 25.

3. that making sound by any instruments and object between 10 pm to 6am is prohibited under sound pollution control order 2000.

JUDGEMENT…..

1. Court permits for azaan in three districts [ ghazipur , hathras , farukkabad ] . which is temporarily not allowed by the orders of their native district magistrates.

2. Court held that scope if article 19 clause 1 sub clause [a] is much wider than article 25 clause 1 . speech and expression word in article 19 clause 1 sub clause [a] includes right to remain silent . which is stated by various judgement LIKE SELVI V/S STATE OF SELVI & ORS VS STATE OF KARNATAKA & ANR ON 5 MAY, 2010 related to right against self incrimination AND JANA MANA GANA CASE ‘CHRISTIAN SCHOOL CASE’ . silence as a fundamentak right , it can never be achieved by disturbing elements.

3. Court followed up the ‘in re noise pollution case 1999 . in which the supreme court states guidelines for municipal corporation and state pollution control board to maintain noise and peace . supreme court guided that making sound by any instrument object between 10 pm to 6am is prohibited . also suggest many guidelines . later on guidelines of supreme court results in noise pollution control order 2000 enacted by the parliament.

4. Recitement of azaan inside the mosques is an integral part of their religion profession but recitement over speakers earlier in morning is not an integral part of islam.

5. Citizens have a right to ‘not to hear’ , right to sleep , and right to silence.

link of law in routine facebook page

Conclusion….

But it does not permits to any citizen relating to any religion to profess his religion practices in day light in the form of ‘jagrans , kirtan , Sufism by creating and making sounds heavily. There is no maximum sound limit suggests by the supreme court or parliament in day but sound cannot be higher than 10 dba in local areas and over 75 dba in sound resistant area in night from 10 pm to 6am .

Thank you….. #lawinroutine