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Azaan row: Those bullying Sonu Nigam are missing one side of the story, the side of the Law

Marmik Shah by Marmik Shah
18 April 2017
in Opinions
sonu nigam azaan
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कंकड़–पत्थर जोड़ि के मसजिद लिए बनाए, ता चढ़ी मुल्ला बांग दे क्या बहरा हुआ खुदाए!

Introduction:

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Raise your voice against the celebration of Holi or Diwali and it becomes an environmentalist’s plea. But any voice questioning the medieval practise of animals sacrifice during bakra eid or the blaring of Azaan by a Masjid 5 times a day (365 days a year) and it becomes an intolerant’s rant.

India awoke to a slightly twisted Monday morning, when one of India’s most prolific play back singer, Sonu Nigam published a series of tweets, touching upon the sensitive issue of compulsory Azaan’s blaring out of loudspeakers placed on Masjids. Sonu Nigam’s tweets seemed to have touched a raw nerve, forcing a topic which was itching to be discussed upon. Indians who until recently stuck to diplomacy, finally seem to have found their voice, coming out of their shell to question the conventional narrative fed to them by the mainstream media.

In times where Mullah’s stick to patriarchy and the main stream media journalists lean towards defending jihadi extremism, debating on the scathing topic of blaring Azaans mark a new trend in Indian democracy.

It is vital for one to understand the meaning of Azaan, before delving into taking any sides or that of forming any opinion based on any news debate telecasted during prime time hours. 

Azaan:

Azaan (Adaan) is a call for prayer, calling upon all Muslims to practise Namaz. Be it at 5 am or at 5 pm, loudspeakers blare while religious leaders call upon for all the followers of Rasool Allah to follow the path of the almighty.

Sonu Nigam unapologetically targeted all who use loud speakers in the name of religion 365 days a year, alleging his right to sleep peacefully was taken away by the blaring of Azaan early in the morning.

The Supreme Court (SC) (2005) and the Bombay High Court (2014) through their judgments have unequivocally stated that loud speakers need to be banned irrespective of whether they source themselves from a religious place or not. Linking those judgements with the 2012 judgement of the SC in the Baba Ramdev Case on the Fundamental Right (FR) to sleep, makes it clear that blaring loudspeakers (if above the permissible decibel limit) infringe a citizen’s right to sleep which under Article 21 of the Constitution of India is a fundamental right.

If the Apex Court’s decision is anything to go by, then the blaring of loud speakers (be it in the form of an Azaan or from a Temple or a Gurudwara) is a clear violation of the fundamental right of the citizens of India.

Restriction on the use of speakers:

 ‘Forum, Prevention of Envn. & Sound Pollution  V. Union of India & Anr.’(SC, 2005), laid down that “Noise is more than just a nuisance. It constitutes a real and present danger to people’s health. Day and night, at home, at work, and at play, noise can produce serious physical and psychological stress”. The judgment also stressed on the decibel limit issue, with clear instructions on decibels not exceeding 10 dB above the ambient noise standards for the area or 75 dB whichever is lower.

State’s right to amend religious practices under Article 25:

Although Art. 25 gives the citizens the right to freedom of conscience and free profession, practise and propagation of religion, it simultaneously gives the state a right to regulate/restrict any religious activity. Blaring of Azaan for 17% of the population, while the rest 83% of the population sleep in peace is an absolute invasion of one’s right to sleep under Article 21.

Comparison with Hindu Religious festival futile:

Navratri, Ganesh Chaturthi or Durga Puja is celebrated on specific days with all due permissions from all the necessary authorities. And while 10 PM blanket ban deadlines are common for Navratri and Ganesh Chaturthi festivals, no permissions are taken by the mosque authorities/maulvi’s before blaring their voices into people’s head at 5 am in the morning calling for Azaan.

An approximate of at least 83% the citizens have to listen to an Azaan blared on a loud speaker for a 17% of the population. If the term “I am a Muslim and I am not a terrorist” is an acceptable anecdote, then “I am not a muslim and I have to be woken up by Azaan in the morning forcefully by the Azaan” too should be a narrative acceptable to the people questioning Sonu Nigam.

Not the same as beef ban:

The ban on beef has been made to look like a Hindutva decision by the media and left ideologists, to which the politicians have only added fuel to the fire. But the ban of beef cannot be compared to the ban on loudspeakers since the ban on beef is only to stop the increasing slaughter of cows (which incidentally finds itself in Article 48 of the Constitution), and to save the rapid depletion of the cattle population. The Ban on loud speakers blaring at odd hours of the day will further add to the cause of the environmentalists by reducing noise pollution.

Obnoxious songs at Pandals:

This would be the ideal time to put restriction on people playing songs like “chikni chameli” and “hooka bar” at Ganpati pandals or otherwise during any religious festival. A ban on the Azaan and a parallel ban on lewd music from cheap Chinese speakers would be ideal for the Indian populace. 

Technology:

Whist the world is rapidly moving ahead in terms of using technology for its benefit, Sonu Nigam’s opponents seem to be stranded in a anachronistic mindset, firm on their stand to take Islam back to the medieval era. With the availability of internet, Mobile and TV handsets, live Azaan’s can be broadcasted for people who are interested in the same. Else, one can put an alarm on his/her clock/Cell phone keeping the Azaan as its tone.

Conclusion:

While practising his/her religion is absolutely a personal freedom guaranteed by the Constitution of India, any practise which leads to widespread discomfort or inconvenience needs to be stopped or amended. And in the present case at hand, it is this un-Islamic practise of blaring of loud speakers which needs to be stopped.

It is pertinent to note that Sonu Nigam’s plea is against the Azaan and the use of speakers and not against Islam. For a country which is as diverse and as integrated as India is, a need for uniform laws for all its citizens is the need of the hour.

The raging debates on triple-talaq, polygamy, blaring of Azaan on loudspeakers are only taking this country ahead irrespective of whether the clerics agree with the citizen’s or not, the mandate of the mass will always triumph over the regressive stands taken by these religious heads.

Tags: AzaanIndian MuslimsMuslimsSonu Nigam
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