For the ban on loudspeakers in religious places, he touted restrictions on volumes beyond prescribed limits across the state. The order soon arrived from the home department of the Madhya Pradesh government and will implement the prohibition of loudspeakers and other sound amplifying devices without proper authorisation. 

#WATCH | Bhopal: Madhya Pradesh Chief Minister Mohan Yadav says, “Today we have taken several discussions during the first Cabinet meeting. We have raised the issue of meat sales in the open and have proposed to bring rules for this, in the Cabinet meeting today…” pic.twitter.com/y6nBBUK6jM

— ANI (@ANI) December 13, 2023

According to reports, this directive is in accordance with the Noise Control Act, Noise Pollution (Regulation and Control) Rules, 2000, and guidelines established by the Supreme Court and the high court. It has been outlined that the use of loudspeakers and DJs is permissible only within defined norms at religious and public venues. The order further detailed the varying maximum volume limits across industrial, commercial, residential, and silence zones. To enforce these regulations, the government has outlined the use of “flying squads” that will be established in all districts to inspect and address instances of noise pollution and illegal use of loudspeakers. These squads will conduct random routine checks and promptly investigate any violations, and submit compliance reports to the administration within three days. The government also aims to keep a note with religious leaders for the removal of loudspeakers and maintain a record of those who do not comply with regulations. Following this order, the government has stated that a weekly review of non-compliant religious places will be conducted at the district level, with a compliance report due by December 31. The order also specifies that an additional director general of police from the crime research department be the nodal officer for continuous monitoring of noise pollution cases in this regard. 

The CM has stated that the government has discussed the open sale of meat and eggs and will soon bring out rules regarding it. Furthermore, according to Deccan Herald, the state has welcomed Ayodhya devotees and will make arrangements for their passage from the state, for which the inauguration ceremony of the Ram temple is slated to take place on January 22, 2024. Officials have stated that special arrangements will be implemented in the regions adjoining Uttar Pradesh to facilitate and ensure smooth travel for individuals heading to Ayodhya. The newly appointed Chief Minister of Madhya Pradesh, Mohan Yadav assumed office on December 13 and conducted a puja within his chamber at the state secretariat in Bhopal, according to the PTI. Following his swearing-in earlier in the day, Yadav, who hails from the Ujjain South constituency also paid a visit to the renowned Mahakaleshwar temple. According to The Wire, the minister is known for his “communal rhetoric and aggressive Hindutva.”

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In the second such case in a week, a Hindu man was beaten to death by his fellow Hindus for using a loudspeaker in a temple. Langhnaj police from Mehsana have identified the deceased as a 42-year-old daily wage worker named Jashwanti Thakore.

According to the Times of India, Thakore was attacked when he was performing arti on loudspeaker with his brother Ajit in a Mehsana temple. The Times of India reported that the incident took place at 7 P.M on May 4, just two days after a similar incident where 30-year-old Barat Rathod of Bavla taluka was killed for the same reason, again by his fellow Hindus, though in that case they belonged to a different caste.

In this case though, police have filed an FIR against five people based on Ajit’s complaint, namely- Sadaji Thakor, Vishnuji Thakor, Babuji Thakor, Jayantiji Thakor, Javanji Thakor, and Vinuji Thakor on May 5. Given how they have the same last name as the victim, it is unlikely that this violence was driven by the caste factor.

TOI quoted excerpts from Ajit’s complaint where he said that Jashwanti and he were performing aarti at the Meldi Mata temple. “At the time, Sadaji approached us and asked us why we were playing the loudspeaker so loudly. Ajit told him that we were performing an aarti. Irked, Sadaji began abusing us for playing the loudspeaker,” recalled Ajit in his complaint.

When the brother refused to comply, Sadaji called his aids and five of them came rushing and beat up the brothers. Ajit’s 10-year-old nephew present at the spot called his mother who informed the police. The villagers who had gathered to watch the brawl then took the brothers to the hospital, where Jashwanti died during treatment. Ajit has suffered a fracture on his left hand.

Related:

Pramod Muthalik stirs the Hanuman Chalisa vs Azaan pot

Will keep loudspeaker volume low: Mumbai Mosques

Use of loudspeakers not a fundamental right: Allahabad HC

VHP backs out on MNS’ Hanuman Chalisa event

Mathura: Krishna Janmabhoomi temple mutes loudspeaker

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In a fresh twist in the loudspeaker controversy, the Allahabad High Court has deemed that use of loudspeakers for playing azaan (a traditional call to prayers by mosques) is not a fundamental right. On May 4, 2022 the Allahabad High Court Division Bench of Justice Vivek Kumar Birla and Justice Vikas Budhwar dismissed a Civil Writ Petition no. 12350 of 2022 (Irfan v/s. State of U.P. & Ors.) holding it as ‘patently misconceived’.

The dispute over the use of loudspeakers for ‘azaan’ emerged over the past few months when several right-wing outfits started demanding a ban on it. BJP member and president of Shri Kashi Vishwanath Gyanvapi Movement, Sudhir Singh had asked all Hindu residents of Varanasi to install loudspeakers and join in by reciting Hanuman Chalisa five times a day to coincide with the azaan timings.

Last month, Maharashtra Navnirman Sena chief Raj Thackeray had warned the government that his party workers would start playing ‘Hanuman Chalisa’ at higher decibel levels if the state did not get the loudspeakers removed from the mosques in Maharashtra.

Brief about the Case

The Petition was filed by Irfan, a resident of Budaun district in Uttar Pradesh who sought permission to play azaan using a loudspeaker at the Noori Masjid. The petition prayed for the quashing of order of Bisauli subdivision Magistrate dated December 2021, which rejected his application seeking permission to use a loudspeaker at the said mosque. He further requested the High Court to direct the UP government to grant him permission to deliver azaan on loudspeaker.

The Petitioner’s counsel, Sachin Kumar Sharma argued that the Order passed by the SDM was wholly illegal and violated his fundamental and legal rights to run loudspeakers from the mosque, as reported by Live Law.

Court’s Observation

On May 4, 2022 the Division Bench of Justice Vivek Kumar Birla and Justice Vikas Budhwar observed, “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.”

The Court had observed that although azaan is an integral part of Islam, delivering it via loudspeaker is not. The Bench sated, “Azaan is an integral part of Islam, but giving it through loudspeakers is not a part of Islam,” a news agency quoted the court as saying.

The Bench while dismissing the Petition held, “Accordingly, we find that the present petition is patently misconceived, hence the same is dismissed.”

The Judgment copy may be read here: 

Earlier directions by courts

As reported by The Wire, the court then went on to add that there had been previous instances when courts had ruled that call for prayer on loudspeakers was not a fundamental right.

During the Covid-19 Pandemic in May 2020, the Allahabad High Court Division Bench of Justice Shashi Kant Gupta and Justice Ajit Kumar had made the following observation in the PIL and letter Petitions filed against alleged orders restricting the recital of azaan during the lockdown. According to LiveLaw, the Bench stated, “Azan is certainly an essential and integral part of Islam but use of microphone and loud-speakers is not an essential and an integral part thereof…Azan can be recited by Muezzin from minarets of the Mosques by human voice without using any amplifying device and such recitation cannot be hindered with under the pretext of violation of the Guidelines issued by the State, to contain the pandemic- Covid19.”

The May 2020 ruling was in response to petitions filed by Ghazipur MP Afzal Ansari, Congress leader Salman Khurshid and lawyer S Wasim A Qadri, who challenged the orders of the Ghazipur, Farrukhabad and Hathras administration that placed a ban on loudspeakers to deliver azaan as part of Covid-19 curbs.

According to the Indian Express, in May 2020, the high court had ruled that azaan might be an essential and integral part of Islam, but the same cannot be said of using sound-amplifying devices, loudspeakers. Therefore, it had said the fundamental right of religious freedom enshrined in Article 25 of the Constitution cannot be applied in this particular case. Even so, the court had said, it was subject to public order, morality or health and other provisions of Part III of the Constitution.

Related:

Mathura: Krishna Janmabhoomi temple mutes loudspeaker
Maharashtra mosques reiterate commitment to following noise pollution laws
Maharashtra’s Barad village stands together against loudspeaker controversy
UP priest booked for playing Hanuman Chalisa outside mosque

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According to a report by a news agency, widely reproduced by several other publications, only one percent of Mumbai temples applied for permission to use loudspeakers, all of which were granted. This data has been attributed to the Mumbai Police who also said that 83 percent of the city’s mosques applied for and got the permission as well.

As per the information shared by the city police, only 24 out of 2,400-odd temples applied for police approval of loudspeakers. Meanwhile, 950 out of the 1,140 mosques applied and got permissions. Information on other structures like churches, gurdwaras, Buddha viharas and synagogues is still being collected. The information was shared during a meeting held between police personnel, local leaders and religious heads of the city, including Mumbai Police Commissioner Sanjay Pandey, Joint Police Commissioner (Law and Order) Vishwas Nangre Patil and others.

All religious places were asked to take these measures to ensure peace during Eid. Earlier, Maharashtra Navnirman Sena (MNS) Chief Raj Thackeray demanded that all mosques in Maharashtra remove their loudspeakers if they did not want Hanuman Chalisa chanted on their doorstep.

However, citizens instead worked together and ensured all places of worship followed the necessary guidelines to use loudspeakers within the prescribed decibel limits between 6 A.M and 10 P.M.

“Law is equal for all and we have asked religious places to obtain permission to play loudspeakers,” the official said.

Accordingly, the permission to use loudspeakers will be given conditionally to shrines for one month and the approval will be renewed periodically. Khardanda Temple Trustee and attendee at the meeting Chintamani Nevate said politicians should not play with the religious sentiments of people.

Meanwhile, a secretary of a Dadar Jain temple complained about the decibel limit at religious places (50 decibels). He argued that mixers and grinders create louder noises.

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After Uttar Pradesh government’s latest directives on the use of loudspeakers, in places of worship, the Shree Krishna Janmabhoomi temple muted its main one. The temple used to play Manglacharan Aarti from 5:30 A.M to 6:30 A.M daily, but has now muted the loudspeaker since Wednesday.

The Shree Krishna Janmabhoomi temple will now comply with the UP government directive that the sound of the loudspeaker should be limited to the premises, and not inconvenience others. According to news reports, Shree Krishna Janmasthan Sewa Sansthan, secretary Kapil Sharma, said the decision to switch the loudspeaker off was taken at a meeting of the office bearers of the Sansthan on Tuesday night. He told the media that “now the bhajans were being played on low sound on speakers inside the temple respecting CM Yogi Adityanath’s directives.” The UP Chief Minister Adityanath had ordered that no religious procession be allowed without permission, and that use of loudspeakers should not inconvenience others.

Meanwhile the Gautam Budhh Nagar police reportedly issued notices to around 900 religious places, including temples and mosques over the use of loudspeakers, stated news reports. Police told the media, “Notices were served on 602 temples out of 621, 265 mosques out of 268, 16 other religious places as well as 217 wedding halls and 175 DJ operators.” 

Aligarh city’s  BJP MLA from Mukta Raja also wrote to the Additional District Magistrate (ADM) “seeking details of loudspeakers mounted at mosques”. The letter reportedly “asked the ADM about the intensity of the loudspeakers installed at the mosques and if they were in consonance with court directives.” The BJP MLA has asked that the ADM “conduct physical examination of the loudspeakers”. The Uttar Pradesh Pollution Control Board rules state that loudspeakers should not be operated after 10 P.M and before 6 A.M, and must  be fitted with a ‘sound limiter’.

According to a report in Hindustan Times, Uttar Pradesh’s religious leaders have applauded the CM’s appeal, and “some districts, including Mathura and Kanpur, saw voluntary steps to either let loudspeakers remain silent or remove them from temples.” Muslim clerics have also asked the mosque committees to reduce the volume of loudspeakers stated the news report. Maulana Khalid Rasheed Farangi Mahali, Imam Eidgah in Lucknow was quoted saying, “We welcome CM’s order and we believe that it is a general order. We have directed all the mosques here to limit the sound of the loudspeakers and to ensure that it may not come out of the premises.” 

Back in 2018 too, the Uttar Pradesh government had banned “unauthorised use of loudspeakers and public address systems at religious and public places across the state.” According to a report in the Indian Express from that year the “the government has warned that all such loudspeakers will be removed” after the January 20, 2018 deadline. Those orders had been given after the Lucknow bench of the Allahabad High Court, on December 20, 2017 had “asked the state government whether written permission was obtained from the concerned authorities before loudspeakers or public address systems were installed at religious places like mosques, temples, churches and gurdwaras.” 

On January 4 an in order “addressed to all district magistrates, senior superintendents of police and superintendents of police, State Principal Secretary (Home) Arvind Kumar has asked them to form teams, comprising revenue and police officials in their respective districts, to identify religious and public places where unauthorised loudspeakers and public address systems are being used,” reported the IE.

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The controversy over the use of loudspeakers with the onset of the month of Ramadhan has caused anxiety among the Muslims of India. It began one day before the month of Ramadhan with video of two men in uniform reportedly from Kirari area in New Delhi telling a maulvi not to call the azan during the Ramadhan as it was the order of the LG of Delhi. Later higher officials of Delhi police denied any such order. But the next day. the district officials of Farrukhabad, UP reportedly banned azan in mosques. Then reports of ban on azan came from Ghazipur, Gorakhpur, and Qannauj in UP and Sonepat and Faridabad in Haryana. Afzal Ansari, the BSP MP of UP has even moved the court challenging the ban. In Itawah, UP the ban was revoked the next day with the condition that the volume of the loudspeakers should be kept low and that the message of social distancing will also be given on the loudspeakers. Generally, in all the places, the problem was not azan but azan on the loudspeakers. This hints at the real problem and this problem should be sorted out by the Muslim community.

No one can deny that the use of loudspeakers in the month of Ramadhan becomes rampant. Apart from usual azan on the mike, the loudspeakers are used also for collecting donations for mosques and madrasas. People appeal for donations for madrasas on autorickshaws or other small vehicles on the loudspeakers from morning till evening in the Muslim majority areas causing nuisance to not only to non-Muslims of the area but also to the general Muslims who want peace for prayers, Quran recitations or for their ailing family members. No one can object to the high volume of the loudspeakers because it will be considered anti-Muslim objecting to a noble cause in the month of Ramadhan.

In mosques now it has become imperative to use the loudspeakers for calling the azan. In most of the mosques, two or three big mikes are tied to the minar facing different directions so that the Muslims of the entire town could hear the azan oblivious of the fact that this high volume of azan disturbs the sleep or the peace of mind of non-Muslims who have nothing to do with Azan. They cannot object to this because if they do they will be branded communal or a person with an RSS-affiliation. This has continued for decades but Muslims did not pay heed to their feelings and inconveniences. During the month of Ramadhan, the loudspeakers are also used for announcing the time for Sehri and Iftar. During the Sehri, the muezzin makes the announcement every 15 minutes giving the countdown to Sehri causing nuisance to the non-Muslims in the area. In some places Naat (poems in praise of Prophet Muhammad pbuh) is also recited between the announcements not allowing the Muslims of the area the tranquillity and peace needed for prayers, namaz or recitation of the Quran. These issues have never been discussed by the Muslims from an introspective point of view and from the point of view of the non-Muslims though the Quran asks Muslims to care for the comfort of the neighbours, both Muslims and non-Muslims. The hadith is also tough on giving trouble to the neighbour.

 If a Muslim scholar or activist raises this issue, he is branded an atheist or an enemy of Muslims. But this rigidity in the attitude of Muslims is now causing bigger problems to Muslims in a multicultural society.

But the scenario has changed in the last few years. It cannot be totally blamed on growing Islamophobia and communalism. Non-Muslims have become vocal about the inconvenience azan on the loudspeakers causes to them. Therefore, Muslims should also change their attitude towards the use of loudspeakers. Our ulema had once said that the loudspeaker is the voice of Satan but now the loudspeakers have become a quintessential part of Islamic activities that we are not ready to sacrifice this non-essential tool for the sake of the non-Muslim neighbours. In most cases, the objection was raised on the loudspeakers not on the Azan.

Ramadhan requires Muslims to be introspective: they should stress more on inner purification than on outer show of piety and reverence. Let Muslims minimize the use of loudspeakers, rather ban the use of loudspeakers for religious purposes. Loudspeakers are also used to spread sectarian hatred among Muslims.  In this age of scientific and technological progress, loudspeakers are not even necessary for the few who care for five-time prayers. They keep themselves aware of the times of namaz. The mobile phone is a multipurpose tool which can also be used for keeping a tab on the times of Namaz, Sehri and Iftar. Why should especial arrangements be made for those who do not offer five-time prayers through the whole year and become overzealous during the month of Ramadhan? These people think that they can commit all kinds of sins and crimes and spread mischief on earth during the whole year but all their sins will be washed away if they fast for one month and offer five-time prayers and Tarawih only in the month of Ramadhan. The pious and true Muslims are taking all the trouble for these ‘one-month migratory birds’ among Muslims who will fill the mosques and create all the fuss during the holy month and then disappear.

S. Arshad is a regular columnist for NewAgeIslam.com

Courtesy: https://www.newageislam.com/

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The Prime Minister may have wished the nation as Ramadan began, and again spoke to the Muslims of India in his latest Mann Ki Baat, and also ‘assured’ the world that everyone in India was united in the fight against the Covid-19 pandemic, but the Gujarat government may have missed seeing the PM’s messages. Once again, they have decided to announce that no public gatherings or loudspeakers will be allowed in the state for religious events.

Why was this needed now, one may ask, when the nation has been under lockdown for over a month, and all religious and public gatherings have been already banned? According to Express news service, the order, issued by the state’s Home Department, says that it has been issued for the strict implementation of lockdown during all upcoming religious festivals because “to control the impact of Covid-19, social distancing is very necessary”.

Does the Gujarat government want to say that social distancing, as well as other measures have been failing in the state for the past month? Or is its order on Monday stating that strict implementation of Disaster Management Act invoked to deal with the Covid19 pandemic a reminder for the Muslim community as the month of Ramzaan has begun and under normal circumstances the markets are all abuzz in the evenings. Muslim clerics and scholars across the country have already asked people to stay home and pray, and no congregations are being allowed. Recent  celebrations including various harvest festivals, Easter, lunar new years have all been in private homes, and this fresh order of an Act that is already in place across the nation could be seen as an unusual overreach. Much like the attempt by two Delhi Police officials who personally went to tell a muezzin in a Muslim neighbourhood that he could not broadcast the Azaan or the call to prayer. The Delhi cops had claimed that it was the Lt Governor who had ordered a ban on Azaan itself. That of course turned out to be an over reach and Delhi Lt Governor Anil Baijal, had to post a clarification on social media.

Of course the Gujarat govt order does prohibit any public gathering for all religious activities including  as puja or bandgi and has banned the use of loudspeakers. Azaan is usually broadcast  over loudspeakers, especially during Ramadan so that the devout can break their fast when they hear the call to prayer in the evening. The timing varies slightly each day. 

According to the news report while religious activities can continue privately or individually, the order stated that people cannot assemble for “any reason, including having food or snacks, after performing a religious activity privately or individually.” 

Under normal circumstances Ramadan is also the time to socialise and share iftaar, or the first meal after breaking the fast with family, friends, and neighbours. Markets and food stalls are usually a must visit for both mUslims and non muslims during the festive evenings. The Ramzan month culminates in Eid, which like any other festival is usually one of community celebrations. However, this year, the call has already been given to keep Eid celebrations simple and private and within family homes. It is not yet known if the national lockdown will be lifted by the time the Eid moon is sighted.

Gujarat government, however, has perhaps repeated its appeal “to the religious and community leaders to create awareness and ensure that people do not assemble for religious activities. “Violation of any prohibitory order issued by the Central government under the provisions of the Disaster Management Act, will be subject to penal action under the legislation,” said the order as reported by ENS.

Meanwhile a report in the Deccan Chronicle, showcases how the head priests of Kedarnath, Badrinath “brave lockdown to keep traditions alive”. According to the DC report, the doors of Kedarnath will open on April 29,  and Badrinath will open on May 15. The two are one of the most holy, and most remote pilgrimage sites in Uttarakhand. 

The DC tells the story of the Rawal or head priest of the Himalayan shrine of Kedarnath, Bheema Shanker Ling who hails from Nanded, and  the head priest of Badrinath dham, Ishwar Prasad Namboodiri of Kerala, who due to the ban on all flights under Covid-19 lockdown, have had to travel by road to reach the shrines and perform their duties. The two are said to have travelled 1,800 km and 2,800 km by road “to ensure that traditions are kept alive” even though the tradition of the holy Char Dham yatra stands suspended during the lockdown. “Though the yatra is suspended, the portals of Kedarnath will open as scheduled at 6.10 am on April 29. After taking necessary permissions, I started from Nanded in a car on April 17 and reached Ukhimath on April 19,” Shanker Ling is quoted by Deccan Chronicle. According to the report the priest had been quarantined and tested for coronavirus, as soon as he arrived in Uttarakhand. “I have tested negative but I’m still in quarantine,” he told DC and added that the Uttarakhand government has allowed “16 people which includes priests and cooks, who will stay in Kedarnath until it closes by October end or first week of November, to travel.”

“Being in quarantine, I might not go and will authorise another priest. I will make it to Kedarnath immediately after the quarantine period comes to an end on May 2,” said Shanker Ling, who originally belongs to Karnataka. He has been the head priest for 20 years. His only regret is that every year, the doli or procession is taken by road till Kedarnath and thousands of people turn up to witness the occasion. This year, it is being taken in a vehicle to avoid crowds, reports DC. 

It is not clear if the Uttarakhand government has made fresh public announcements reminding people that gathering and crowds are prohibited in the state even though the two shrines will open their doors.

Similar is the case with Ishwar Prasad Namboodri. “After his arrival in Rishikesh on April 21, he has been in quarantine. The portals of Badrinath will open on May 15 and he will reach there by then. He too has tested negative,” said Mohan Prasad Thapliyal, former president of the Badrinath-Kedarnath Temple committee. He informed that since the head priests for the remaining two dhams — Gangotri and Yamunotri — are locals and there was no problem on that front.

According to the DC report, in  2019, a record 11 lakh people visited the shrines. This will be the first time that ‘yatra’ has been suspended due to the pandemic and it is believed that the footfall this year could be the lowest ever stated in the new report. It is yet to be seen if the lockdown is lifted and what kind of action plan is put in place by the government during the yatra period.

The lockdown has brought the country to a standstill, but divine intervention has made it easy for some to find a way out. Many incidents have been reported from across the country in April alone. Some of them can be read here.  

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Muslim religious leaders urge people to pray at home during Ramzan
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How did two Delhi policemen decide to ban Azaan on their own

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Actor Suchitra Krishnamoorthi reached home at 4.45 am on the morning of July 23. Soon thereafter she was disturbed by “ear-shattering” azaans (calls for namaz) from two neighbouring mosques. The angry actor shot off a Tweet message protesting against what she described as “extreme imposed religiosity”.

A section of the Twitterati shot back, some mocking her, some alleging her complaint was nothing but cheap attention grabbing. Samajwadi leader Juhi Singh mocked Suchitra for thinking sleep is more important than prayers.

“Such irresponsible comments have been made in the past also. I am unable to understand what kind of people they are. I would like to know how does azaan, which otherwise purifies you on hearing, bother her. May be her sleep is more important,” SP leader Juhi Singh told ANI, on Monday.

Responding to the criticisms against her, Suchitra shot back to say that one, she had no objection to azaan during “decent hours” and two, she herself prayed but did not need someone to wake her up for that through blaring loudspeakers.

In April this year, singer Sonu Nigam had triggered a similar conroversy, describing the use of loudspeakers for azaan and sermons as “hooliganism”.

He had tweeted a message saying: “God bless everyone. I am not a Muslim and I have to be woken up by the azaan in the morning. When will this forced religiousness end in India?”

“Gundagardi hai bus (it is hooliganism),” he had added. Apologising later, Nigam had said he was trying to raise a social issue and not raking up a religious controversy.

However, when the imam of Kolkotta’s Jama Masjid declared an award of Rs. 10 lakh to anyone who shaved off Nigam’s head, the singer got himself a cleanshave before TV cameras and demanded that the award be paid to him.   

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