India is a democratic country that upholds ‘Sarva Dharma Sama Bhava’, which literally means ‘All Dharmas are harmonious with each other. It is considered to be one of the key tenets of ‘Indian secularism’. ‘The secular character of the Indian constitution’ is said to one of the basic structures of the constitution as noted by the then CJI SM Sikri in the infamous Kesavananda Bharati vs State of Kerala case of 1973.
Secularism, which originally means separation of the state from the Church, in Indian context can be defined as equal separation from all religions or the toleration and respect to each religion. Secularism has been a guiding principle for not just the state, but also the general Indian populace for decades. But what if there has been a long running exception to this rule? A case in which one community, albeit in a peaceful fashion, does not seem to follow the principles of secularism and in fact breaks it five times a day.
Yes, we are talking about Azaan here. But why Azaan is considered to be violating the basic principles of secularism? As many people believe, does it amount to hate speech? For that we have to take a look at what Azaan is and what is its meaning?
Azaan is an Islamic call to prayer made five times a day, usually by a muezzin, a few minutes before the prayers. This is the Azaan followed by its English and Hindi translation:
1. Allahu Akbar Allahu Akbar – Allah is the almighty and greatest.
अल्लाहु अकबर-अल्लाहु अकबर, अर्थात् ‘अल्लाह सबसे बड़ा है।’
2. Ash-hadualla ilaha ill-Allah – I bear witness that there is ‘NO ONE WHO SHOULD BE PRAYED OTHER THAN ALLAH’.
अश्हदुअल्ला इलाह इल्ल्अल्लाह, अर्थात् ‘मैं गवाही देता हूं कि अल्लाह के सिवाय कोई पूज्य, उपास्य नहीं।’
3. Ash-hadu anna muhammadar-rasulullah – I bear witness that Mohammad is a messenger of od.
अश्हदुअन्न मुहम्मदुर्रसूलुल्लाह, अर्थात् ‘मैं गवाही देता हूं कि (हज़रत) मुहम्मद (सल्ल॰) अल्लाह के रसूल (दूत, प्रेषित, संदेष्टा, नबी, Prophet) हैं।’
4. Hayya-as-Salah – Come for the prayer (Namaaz).
हय्या अ़लस्-सलात, अर्थात् ‘(लोगो) आओ नमाज़ के लिए।’
5. Hayya al-Falah – Come for success and prosperity.
हय्या अ़लल-फ़लाह, अर्थात् ‘(लोगो) आओ भलाई और सुफलता के लिए।’
6. As-salatu Kheyrum-Minan-nawm – Wake up and come for Prayer because (Namaaz) is better than sleeping. (Announced only in the morning Azaan)
अस्सलातु ख़ैरूम्-मिनन्नौम, अर्थात् ‘नमाज़ नींद से बेहतर है।’
7. Allahu Akbar Allahu Akbar– Allah is the almighty and greatest.
अल्लाहु अकबर-अल्लाहु अकबर, अर्थात् ‘अल्लाह सबसे बड़ा है।’
8. La ilaha illa Allah – NOBODY ELSE SHOULD BE PRAYED OTHER THAN ALLAH.
ला-इलाह-इल्ल्अल्लाह, अर्थात् ‘कोई पूज्य, उपास्य नहीं, सिवाय अल्लाह के।’
Translated by: Firoz Bakht Ahmed (Chancellor, Maulana Azad National Urdu University, Hyderabad)
As mentioned above, the Azaan is indeed a call to prayer where a muezzin calls upon the followers of Allah to do prayers and gain success and prosperity.
But, upon reading the meaning of the Azaan, it becomes perfectly clear, that to anyone who worships a deity or deities other than ‘Allah’, it is a gross insult to the believers of other religions and blatant disregard for their religious sentiments.
In fact, the lines two and eight of the Azaan are so intolerant towards the culture and practices of a non-Islamic individual or a group that it just does not recognises their right to worship their deities which is a direct attack on their fundamental right to practice their religion.
As observed, the Azaan, by no metric, maintains the principles of secularism. In fact, it ridicules those who do not believe in Allah and a strong case can be made based on various global precedents that this is actually hate speech.
Apparently, Azaan is a violation of fundamental right of non-Islamic believers which is guaranteed by the Article 25(1) of the Indian constitution stating “Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.”
Now coming to the legalities of hate speech and what speech can be called a hate speech:
We take the example of United Nations, which understands hate speech as ‘any kind of communication in speech, writing, or behaviour, that attacks or uses pejorative or discriminatory language with reference to a person or a group on the basis of who they are, in other words, based on their religion, ethnicity, nationality, race, colour, descent, gender or other identity factor. This is often rooted in, and generates intolerance and hatred and, in certain contexts, can be demeaning and divisive’.
In addition to the above two points, a question can be asked that how, by announcing on loudspeakers, that ‘no God is worth preaching except Allah’, not to mention five times a day, isn’t in sheer violation of section 153A, 295A, 501[1](C) and 505[2] of the Indian Penal Code, as it not only generates ill-will between different religious groups, but is also in opposition to numerous judgements against the use of loudspeakers which depicts a deliberate intent to outrage religious feelings of certain classes by insulting their religion or religious beliefs.
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