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  • DAILY CURRENT AFFAIRS:Loudspeaker not a fundamental right: Allahabad High Court

Loudspeaker not a fundamental right: Allahabad High Court

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A division bench of the Allahabad High Court of Justices Vivek Kumar and Vikas Budhwar held that the use of a loudspeaker from a mosque is not a fundamental right. In the Irfan v. State Of U.P. And 3 Other 2022 cases the Court observed that the law has been settled and it also quoted the Supreme Court judgment of 2005.

 The case was filed by Irfan of Budaun district of Uttar Pradesh who wanted permission to play a loudspeaker from a mosque during azan, the Islamic call for prayer, at a village in the district.

Supreme Case Judgment   of 2005 

  •  In the Forum, Prevention of Environment and Sound Pollution   Vs Union of India 2005 the Supreme Court has held that freedom from noise pollution is a part of the right to life under Article 21 of the Constitution.  
  • Noise interferes with the fundamental right of the citizens to live in peace and to protect themselves against forced audiences. 
  • The Supreme Court also held that a loudspeaker or a public address system shall not be used except after obtaining written permission from the authority.
  • A loudspeaker or a public address system shall not be used at night (between 10.00 p.m. to 6.00 a.m.) except in closed premises for communication within, e.g. auditoria, conference rooms, community halls and banquet halls.
  • The  Supreme Court allowed the State Government to permit use of loudspeakers or public address systems during  night hours (between 10.00 p.m. to 12.00  midnight) on or during any cultural or religious  festive occasion of a limited duration not  exceeding fifteen days in all during a calendar  year, with certain terms and conditions.
  • The Supreme Court had made it clear that nobody, whatever be the religion or purpose, “can claim a right to create noise even in his own premises which would travel beyond his precincts and cause nuisance to neighbours or others”.

Article 21 of the Indian constitution provides that no person shall be deprived of his life or personal liberty except according to procedure established by law.

Allahabad High Court 

It was set up on 17 March 1886 as High Court of judicature for the North-Western Province at Agra.

It was shifted to Allahabad in 1869.

It is the High Court of Uttar Pradesh 

It has a present sanctioned strength of 160. It is the largest High Court in India.

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