"To disturb sleep would amount to torture:" Plea in Allahabad High Court to ban use of loudspeakers for religious recitation/call to prayer

A petition has been filed before the Allahabad High Court seeking a ban on the use of sound amplification devices for religious recitation and calls to prayer at temples, mosques and churches in Uttar Pradesh (Ashutosh Kumar Shukla v. State of UP)..The petitioner Ashutosh Kumar Shukla contended that use of loudspeakers causes disturbance to sleep of persons living around such places of worship and it would amount to "torture"."An individual is entitled to sleep as comfortably and as freely as he breathes. Sleep is essential for a human being to maintain the delicate balance of health necessary for its very existence and survival. Sleep is, therefore, a fundamental and basic requirement without which the existence of life itself would be in peril. To disturb sleep, therefore, would amount to torture which is now accepted as a violation of human right," the plea stated. The plea also said that right of religious organisations to use loud-speaker or amplifier is not an absolute right under Article 25 of the Constitution of India which lays down the freedom to practice religion. It is subject to public order, morality and health, the plea pointed out. "Article 25(1) of the Constitution of India provides that subject to public order, morality and health and to the other provisions of this part, all persons and equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion," the plea said.Importantly, the petition cited non-compliance with the orders of the Allahabad High Court in Afzal Ansari v. State of UP, in which the Court had held that Azaan is an essential and integral part of Islam, but recitation of Azaan through loud-speakers or other sound amplifying devices cannot be said to be an integral part of the religion..To disturb sleep would amount to torture which is now accepted as a violation of human right.Petitioner before Allahabad High Court. .The petitioner also highlighted complaints which were filed for removal of such public address systems in places of worship. Out of seven complaints, six were complaints regarding the sound of 'Azaan' and one was regarding the blatant use of public address system near schools. The petitioner also referred to Sonu Nigam's tweet on Azaan. "A renowned singer tweeted about being woken up due to a nearby mosque's azaan. Extract of his tweet his provided herein below; 'God bless everyone. I'm not a Muslim and I have to be woken up by the Azaan in the morning. When will this forced religiousness end in India'.".The complaint made by the Vice-Chancellor of Allahabad University, who wrote to the District Magistrate at Prayagraj regarding Azaan, was also cited in the petition."In the letter, VC of Prayagraj University complained that the call for morning prayers from the nearby mosque disturbs her sleep around 5: 30 am every morning and she is not able to sleep after which results in a headache throughout the day which affects her work," the petition pointed out. .It was contended that use of loudspeaker at religious places is not part of any religion, and cannot be used without the express permission of the local authorities. In this regard, reliance was placed on the Noise Pollution (Regulation and Control) Rules, 2000..The following reliefs were sought from the Court:1) Direction to comply with earlier High Court order in Afzal Ansari and ban regular use of public address system and sound amplifying device for religious recitation and/or call for prayer without permission of competent authority. 2) Direction to Uttar Pradesh Pollution Control Board to compile and publish technical and statistical data relating to noise pollution and measures devised for its effective prevention.3) Direction to State to call for objections of general public living in the vicinity of temple, mosque or church prior to issuance of permission for use of public address system or sound amplifier device for religious recitation and/or call for prayer. 4) Direction to publish details of applications and permissions granted for use of public address system or sound amplifier for religious recitation and/or call for prayer..The matter is likely to be heard on May 28.