Plea In Kerala High Court Against Changanassery Municipality's Decision To Sound Siren Alerting Muslims Of End Of Ramzan Fast

Two petitions have been moved in the Kerala High Court for quashing the order issued by the Changanassery Municipality directing its employees to sound siren at 6.30 pm to inform the Muslim Community that time for fasting is over in connection with Ramazan. 

The petitions have been filed by the Christian Association and Alliance for Social Action (CASA), a society registered under the Literary, Scientific and Charitable Societies Registration Act 1955, and K.U.Santhakumar, a religious and social activist.

It has contended that fasting is purely an Islamic ritual, and that the Municipality, which is an instrumentality of the State within the ambit of Article 12 of the Constitution could not be used for conducting a religious ceremony or ritual at the expense of the government exchequer.

It is averred that it is upon an application being submitted by the Puthoor Pally Muslim Jama-Ath, Changanassery, that the Municipality issued the order deputing its contingent worker to sound the siren and its Health Supervisor to supervise and ensure that the siren is being sounded at the right time.

The petitions state that the Constitution does not stipulate that the government ought to bear the expenses for conducting the rituals or festival of a particular religion nor does it state that the government machinery could be used for the same. 

"If one community rights or rituals are being performed by using government machinery and the government employees, all other religions will have to be given such facilities. In such a situation the government missionary would be spending their time, energy and resources for conducting rites, rituals and ceremonies of Religions which are in existence in our country," the plea filed by CASA states. 

It is further submitted that the impugned order gives out a wrong message and would entice persons belonging to other religions to request being informed of the time of mass and other religious rites and rituals. "Such a situation is not conducive for the better interest of the State," it adds. 

Additionally, the plea filed by Santhakumar avers that the use of sirens to signal end of fast is not an essential religious practice in Islam, unlike Azaan broadcasted from mosques. The petitioner submits that the latter has been made subject to necessary control under the Noise Pollution (Regulation and Control) Rules, 2000, if microphones are used. It has argued that in this case, the Municipality has mobilized State resources to add on to the noise pollution, thus infringing the fundamental right of persons to live a quality life free from noise pollution

The petitions thus pray for the quashing of the impugned order. Apart from this, CASA also seeks a direction to be issued to the respondents requiring them not to depute or use the government machineries or any of its employees in aid for any community for performing their religious activities.

The plea filed by CASA has been moved through Advocates C. Rajendran and B.K. Gopalakrishnan of M/S Legale Exponents. The plea filed by Santhakumar has been moved through Advocates Vishnu Jayapalan and Anu Balakrishnan Nambiar. 

Case Title: Christian Association and Alliance for Social Action (CASA) v. State of Kerala & Ors. and K.U.Santhakumar v. State of Kerala & Ors.