An Islamic Judgement By The Delhi High Court

Delhi High Court issued notice to India on public interest litigation 

removal of loudspeakers from all religious structures 

encroaches person’s “right to be left alone and spatial control” 

violates fundamental right to privacy

Acting Chief Justice Gita Mittal issued notice 

PIL filed by social activist Sanjjiiv Kkumaar._

*Loudspeakers not intrinsic to any religion*

Sanjjiiv, in his PIL, traced all religions in India 

Hindu 4,000 yrs, Jains 2,600 yrs, Buddha 2,500 yrs, Christ  2,000 yrs

Islam 1,400 yrs, Sikh 500 yrs

Moving coil current loudspeakers not even 100 years old

loudspeakers never part of any religion

loudspeakers not part of/intrinsic to any religion 

all religions are 4,000 to 500 years old 

whereas loudspeaker came into existence in 1924

less than 100 years 

banning them will not violate Article 25 or 26 of Constitution of India

petition quoted from Supreme Court’s verdict 

“No religion force unwilling to listen to expressions of religious beliefs.”

Loudspeakers do exactly opposite, violate fundamental rights of citizens 

Man’s house is his castle, loudspeakers breach right to be left alone

petitioner relied on privacy judgment of Supreme Court on breach of privacy

“Every democratic country sanctifies domestic life; it is expected to give him rest, physical happiness, peace of mind and security. In the last resort, a person's house, where he lives with his family, is his “castle”; it is his rampart against encroachment on his personal liberty,” it said.*

Justice Chandrachud's privacy judgment “one’s house is like a castle to him. If loudspeakers are encroaching one’s right of spatial control (one’s home), one’s right to be left alone, then what’s the meaning of fundamental rights? It will be just on paper. Hence to protect and uphold the fundamental rights of one’s “left alone”, “personhood (physical and mental peace), spatial control - Loudspeakers need to go”.

The petitioner said use of loudspeakers certainly takes away right of citizens to speak with others, their right to read or think or the right to sleep.

“There may be heart patients or patients suffering from nervous disorder may be compelled to bear this serious impact of sound pollution which has had an adverse effect on them. Toddlers, kids are equally affected,” he added..!

My comments :  At least the judges and the Courts in India have achieved a higher level of civilisation. 

In other countries the barbarians whip women. Even when their own Constitution says women criminals shall not be sentenced  to being whipped.

Dalam Quran memang tak ada. Depa tak peduli pun pasal Quran.

Tapi Constitution sendiri pun depa tak mahu ikut.