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Legal rights for religious sound in public space.

The Allahabad High Court has dismissed a petition seeking permission to use loudspeakers for reciting the Azaan (Islamic call to prayer) from a mosque, ruling that such use is not a fundamental right. The petitioner, Irfan, had applied for permission to use loudspeakers at the Noori Masjid in Budaun district, Uttar Pradesh, but his application was rejected by the Sub-Divisional Magistrate. Challenging this decision, Irfan approached the High Court.

A bench comprising Justices Vivek Kumar Birla and Vikas Budhwar observed that while the recitation of Azaan is an integral part of Islam, the use of amplifying devices like loudspeakers is not essential to the practice. The court cited previous judgments emphasizing that the right to practice religion under Article 25 of the Indian Constitution is subject to public order, health, and morality. Consequently, the petition was deemed “patently misconceived” and was dismissed.​

This decision aligns with earlier rulings by the Allahabad High Court, which have consistently held that the use of loudspeakers for religious purposes is not protected as a fundamental right and must comply with regulations concerning noise pollution and public tranquility.​

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