Political Diary
New Delhi, 3 May 2022
Hanuman
Chalisa Vs Azaan
MAKING PEACE WITH NOISE?
By Poonam I Kaushish
Ever
get up cursing in the wee hours of the morning? Thanks to a loudspeaker
blaring, upsetting your beauty sleep, breaching a beautiful dream or blinding
headache from a drunken hangover. Welcome to our noisy raucous country where
your freedom ends where my ears begin!
Last
fortnight and ongoing is a high decibel political controversy over ban of loudspeakers
used by mosques with the Hindutva Brigade threatening to recite the Hanuman Chalisa over amplifiers to drown
the noise of azaan from mosques. In
Yogi’s UP over 54000 ‘illegal’ loudspeakers have been removed and sound level
of 60,295 lowered citing an May 2020 Allahabad High Court order that held azaan could be recited by a muezzin
(Islamic priest) from mosques minarets without using any amplifying device or
loudspeakers as it is not an integral part of religion warranting protection
of Fundamental Right.
In Maharashtra, Chief Minister Udhav Thackeray’s cousin Raj, Navnirman
Sena Chief too echoed this, demanding loudspeakers removal at mosques 3 May
failing which he would amplify Hanuman
Chalisa. An Independent MP Navneet
Rana and her MLA husband languish in jail because they threatened to recite Hanuman Chalisa outside the Thackeray residence
considered sacrosanct by Shiv Saniks.
In Bengaluru the police issued
notices to 125 mosques, 83 temples, 22 churches and 71 other establishments for
loudspeakers use during banned hours or
crossing 60 decibels limit of noise level. In Gujarat the High Court is hearing
a PIL against loudspeaker use by mosques. In Bihar the BJP demand for ban is
nixed by Chief Minister Nitish.
Amidst
this ongoing nok-jhok, it is hardly
surprising that loudspeaker piercings have landed in courts and reviews
multiple times, yet nothing has changed. In fact, laws on their use continue to
be observed more in breach and moulded routinely to meet religious and
political interests. Questionably, has India made its peace with noise?
Over
the years various courts have ruled on the issue. The Supreme Court in July
2005 banned use of loudspeakers and music systems between 10 pm to 6 am (except
in public emergencies cases) at public places citing serious effects of noise
pollution on peoples’ health. In October it modified its order by allowing loudspeakers
till midnight on festive occasions for 15 days a year.
Some
State Governments appealed the order contending that Supreme Court’s blanket
ban had taken away their right under the Noise Pollution (Control and
Regulation) Rules 2000 whereby loudspeakers cannot be used by anyone --- including places of worship and religious
institutions --- unless they obtain written permission from a relevant local
authority (Rule 5) which was overruled.
Again
in August 2016, Bombay High Court ruled loudspeaker use was not a Fundamental Right
conferred by Article 25 and no religion or sect could claim so. “All places of
religion are bound by noise pollution rules and no place shall use loudspeakers
without permission.” Two years later in June Uttarakhand High Court set a five-decibel limit for
loudspeakers even during day time. The noise level of a pin falling on the
ground is 10 decibels, same as a person breathing.
The
Karnataka High Court in September 2018 banned loudspeakers use after 10 pm
directing Supreme Court guidelines be followed when authorities ban
loudspeakers. In July next, Punjab and Haryana High Court banned loudspeakers
at public places, including religious bodies temples, mosques and gurdwaras asserting
they could be used only with prior permission and noise level should not exceed permissible
limit10 decibels. In July 2020 Uttarakhand High Court modified its 2018 limiting
noise level at five decibels thus paving way for lifting loudspeakers ban at
religious institutions.
In
sharp contrast, the Karnataka High Court in January 2021 directed the State Government
to act against illegal loudspeakers at religious places and issue directions to
State Pollution Control Board and police to initiate action on loudspeakers use
in religious places in violation of Noise Pollution (Regulation and Control ),
Rules, 2000 and Supreme Court directions. In November it asked the State Government
to explain under what legal provisions loudspeakers had been allowed in
mosques, and what action is being taken to restrict their use.
Lost
in political clamour and legalese, the story of how azaan should be rendered has a complicated history --- from the
Prophet himself choosing a human voice instead of a mechanical device, loudspeakers
were introduced in mosques in 1930s and used for azaan and khutbah (sermons). But in 1970s Muslims saw loudspeakers as shaitan as it was installed as a bauble of
superficial modernity to reflect the self-esteem of the community.
Islamic
Saudi Arabia issued a directive in May last restricting mosque loudspeaker
volumes to “one third of maximum,” though they are commonplace in Turkey and Morocco. In Netherlands only 7 to
8% of all mosques employ loudspeakers for azaan
ditto in Germany, Switzerland, France, UK, Austria, Norway and Belgium. In
Israel use of loudspeakers by
religious institutions during rest hours is prohibited. Indonesia the world's
most populous Muslim nation, has recognized the overzealous use of sound
amplification by mosques as an environmental issue and is taking measures to
curb the problem.
Alas,
today loudspeakers are seen as a symbol of Muslim community asserting its presence
in public space. This not-too-veiled sentiment is not lost on the majority
community. Therefore, the resentment against it, which is deeper than what its
sporadic expression suggests, is not against the call to prayer per se, but against the loud,
in-your-face stamping of an identity-obsessed self-bothered presence.
Liberals
aver Muslims need to reflect on whether attaching religious import to loudspeakers
amounts to a reprehensible novelty called bid’at,
--- an innovation which distorts religion. Also in an age of smartphones one can get numerous Islam
apps to set off the azaan at
appointed hours.
A
random peek in any mosque during prayer time shows not many Muslims respond to
the call. The footfall in mosques is negligible except for midday Friday prayers.
And those who regularly go five times a day do not depend on azaan to be reminded of prayer time.
Undeniably
from both practical and religious point there is no justification for using
loudspeakers at mosques. Religion is not a ground to violate noise rules as loudspeakers
not only create noise pollution that can be avoided but also create disturbances
in festivities, mourning, sleep and upset
sick and elderly.
The thumb rule should be that sound
should not go beyond the premises to enable people undertake their normal
religious activities. However, there should be
uniformity with rules applying for all religious places. After all, loudspeaker is a 20th-century invention, but religions
are millennia old.
Ultimately,
public morality and collective ethics are shaped by being mindful of one
another’s space, individually and groups. If some practice is regularly being
called out as nuisance, it is time for reflection rather than indignation. In a
pluralist society, with a multiplicity of religions, the modus vivendi is to keep one’s practices private lest they step on
another’s toes. Posturing of assertion is not the best formula for amity. What
gives? ----- INFA
(Copyright,
India News & Feature Alliance)
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