Aarti at Temples and Mosque Loudspeakers: A Balancing Act of the High Court

In a landmark decision, a recent judgment by the Gujarat High Court has supported the principles of religious freedom and diversity by rejecting a plea to ban the use of loudspeakers at mosques.

This judgment is important because it talks about the right to practice religion freely and how it affects our communities. Let's break down what happened and why it matters.

Background:

The petitioner filed PIL (Public Interest Litigation) in the court to ban loudspeakers used in mosques during prayer calls. They said that it creates noise pollution and disturbs the peaceful environment.

What the Court Thought:

The High Court thought about the Constitution, which gives us the right to practice our religion which is provided under Article 25 of Indian Constitution. The judges understood this is crucial but also considered the noise problem.

Court's Contention

Chief Justice Sunita Aggarwal asked the petitioner why they thought the noise from the call to prayer (azaan) at mosques was causing a problem. She mentioned that other religious activities, like playing music during Hindu prayers (puja) or devotional songs (bhajan) in temples, don't seem to cause the same issue.

The Chief Justice also pointed out that noise pollution is something we can measure scientifically. She wanted the person who filed the case to show proof, like numbers on how loud the noise is in decibel levels, to support their claim that azaan is causing a disturbance. This is a way to make sure they have solid evidence for their case.

The petitioner's lawyer tried to make their argument stronger by saying that the call to prayer (Azaan) happens during the day and sometimes very early in the morning. They thought this was a problem. But the Chief Justice disagreed. She mentioned that even in Hindu temples, the morning prayer (aarti) with drums and music also starts early in the morning. The Chief Justice wanted to show that different religious practices might have early rituals, so that alone doesn't make 10 minutes of Azaan a special issue.

Every religion is equal in the eyes of law.

HIGH COURT OF GUJARAT

Key Points:

1. Freedom to Practice Religion: The court said that people have the right to freely practice their religion under Article 25 of the Indian Constitution. They wanted to be very careful not to take away this important right.

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3. Dealing with Noise: The judges agreed that too much noise can be a problem. Instead of stopping the use of loudspeakers altogether, the court suggested sticking to the rules already in place about how much noise is allowed.

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5. Fair Treatment for Everyone: The court also talked about treating everyone fairly. They said that if we're making rules, they should apply to everyone, no matter what religion they follow.

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7. Keeping the Peace: Understanding that people from different backgrounds live together, the court encouraged everyone to talk to each other. They said finding solutions together is better than going to court.

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9. Balancing Rights: The judges had a tough job – balancing the right to a quiet place with the right to practice religion. They decided not to ban the loudspeakers but asked for understanding and cooperation from everyone.

Conclusion:

So, the recent High Court decision is all about keeping the peace while respecting everyone's right to practice their religion. It sets a way for us to live together, acknowledging our differences and finding solutions that make everyone's life better. This decision will likely be remembered when similar questions about religion and rights come up in the future.