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Monday, May 6, 2024

Borabanda, Telangana: Police allegedly remove speakers from Hanuman Temple during Hanuman Jayanti celebrations

April 23 was celebrated as Hanuman Jayanti across the country by Hindus. In Telangana, as reported in The Siasat Daily, Hindu organizations such as Bajrang Dal and Vishwa Hindu Parishad (VHP) were actively preparing for an extensive Hanuman Jayanti procession in Hyderabad/Bhagyanagaram. The procession, spanning a route of 12 kilometers, anticipated a massive turnout of over 10,000 participants.

Hyderabad’s Commissioner of Police, K Sreenivasa Reddy, emphasized the importance of maintaining peace during the celebrations, highlighting the city’s multicultural fabric and urging against any actions that could incite tension. BJP MLA T Raja Singh’s participation in the Dhoolpet procession adds to the event’s significance, showcasing widespread community engagement. As preparations intensified, stores in Begum Bazaar witnessed heightened activity, catering not only to local residents but also to visitors from neighboring districts. 

Amidst this, it is alleged that police in Borabanda in Hyderabad/Bhagyanagaram took action by removing speakers from a Hanuman Temple during the Hanuman Jayanti festivities, leading to questions regarding the move’s legality and fairness.

Citizens raised concerns, referencing Supreme Court directives on noise pollution and regulations concerning mosque loudspeakers. Here is a list of judgements the courts have made with regard to use of loudspeakers in public places and at religious events.

In August 2016, the Bombay High Court delivered a verdict asserting that the use of loudspeakers did not constitute a fundamental right. The court emphasized that neither any religion nor sect could assert the right to employ loudspeakers or public address systems as a fundamental entitlement under Article 25 of the Indian Constitution.

On June 26, 2018, the Uttarakhand High Court established a restriction of five decibels for loudspeakers. The court instructed the state government that the utilization of loudspeakers, including during daytime hours, would be subject to the condition that the user assures that the noise level would not surpass five decibels.

In September 2018, the Karnataka High Court prohibited the use of loudspeakers after 10 pm. The court instructed that the standards outlined by the Supreme Court regarding acceptable sound levels must be adhered to when authorities enforce the ban on loudspeakers.

In July 2019, the Punjab and Haryana High Court implemented a ban on the use of loudspeakers in public areas, including religious institutions. The court stipulated that public address systems could only be operated with prior authorization, ensuring that the noise level never surpassed the permissible limit.

On May 15, 2020, the Allahabad High Court ruled that the call to prayer, known as the azaan, could only be recited by a muezzin from mosque minarets using human voice without amplification. The court stated that while the azaan is integral to Islam, using loudspeakers for its recitation does not qualify for protection under Article 25 of the Constitution, subject to public order, morality, and health.

In July 2020, the Uttarakhand High Court amended its previous order from June 2018, which had restricted noise levels to five decibels. This modification effectively allowed the use of loudspeakers in religious institutions in the state. The decision followed an application by the Jama Masjid of Bazpur seeking permission to use loudspeakers.

Moving to January 2021, the Karnataka High Court directed the state government to take action against illegal loudspeakers in religious places. Responding to a PIL petition filed by Girish Bharadwaj, the court instructed the government to issue immediate directives to law enforcement and pollution control authorities to curb the unauthorized use of amplifiers and loudspeakers.

In November 2021, the Karnataka High Court questioned the state government about the legality of allowing loudspeakers in mosques. Chief Justice Ritu Raj Awasthi led a division bench hearing a petition by Girish Bharadwaj regarding sound pollution from mosques in Bengaluru. The petitioner sought effective implementation of laws regulating sound pollution.

Despite all these observations and judgements, police are always seen disrupting Hindu temples and festivities and staying away from other conspicuous settings. 

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