It was non-implementation of the relevant law which led to about a dozen killings on sectarian grounds in the Muharram procession in Rawalpindi in 2013.
Such incidents highlight non implementation of the existing laws to stop hate-speech and provocative remarks made through loudspeakers in Pakistan.
That needs to be tackled through a strict policy and political will.
In 2013, the Counter-terrorism Department (CTD) in Punjab repeatedly pointed out violations of loudspeaker and amplifier act in various cities of the province. The CTD expressed concern over the breach of ban on the use of loudspeakers in mosques and other places as a measure to maintain inter-religious harmony. As per law, the use of loudspeakers in mosques is allowed only for giving call for prayers five times a day and Friday sermon.
The misuse of loudspeakers remains unchecked and police hardly takes notice unless there is a systematic public or political move to lodge the case against alleged violators.
Tariq Pervez, former director general National Counter-terrorism Authority (NACTA) and former Punjab law minister, says police is always seen reluctant to lodge complaints against such violations. "Even if the local police take action on a complaint, the local clergy start protests against them and it becomes difficult for the police to operate without the backing of strong political will to resolve these issues," he says.
Pervez points out that "the political will is shown only when there are some big incidents as a result of violation of loudspeaker and amplifier act." He mentions that there are only few examples of cases where the violation of the law was noticed and the clerics did stop it.
"Unless the state takes ownership of this issue it cannot be resolved fully." He suggests that the chief minister of every province should clearly tell the respective police chiefs that they would be held responsible for such violation in future.
Pervez suggests clerics’ bodies and local level committees of different religious sects can help in the implementation of the law. "If they agree on some codes and implement it voluntarily, this can make the task easy," he opines.
During the former military dictator General Pervez Musharraf’s regime, there have been some efforts to implement these laws. Special cells were created in the Home Departments of provinces to implement the law, confiscate hate-material, and register cases against mullahs for making hate-speech and violating the law.
The Musharraf government also directed station house officers (SHOs) of police stations to send written directives to mosques in different cities not to misuse loudspeakers. Since then, the use of mosque loudspeakers, for purposes other than azan (call for prayer) and Friday sermons, was banned.
During his regime, there were also efforts to regulate the use of loudspeaker and Sound Amplifier Ordinance 1964. Directions were passed on to control hate speech and confiscate hate-literature but it also could not be implemented fully.
"An issue can be resolved if the clerics opt for a code of conduct and stop misusing loudspeakers," says Allama Tahir Ashrafi, chairman Pakistan Ulema Council and member of Council Islamic Ideology.
There is a code of conduct already lying with the federal and provincial governments and the CII that needs to be implemented with the government’s help.
After the Rawalpindi incident, chief of Jamiat Ulema-e-Islam (Fazl), Maulana Fazlur Rehman has also demanded ban on unnecessary use of loudspeakers. "Loudspeakers should be used according to need as unnecessary use is a cause of concern for residents in a neighborhood. If the government implements these laws, sectarian conflicts can be prevented," he says.
A code of conduct was also evolved by Milli Yakjehti Council (Council for National Solidarity) to tone down rising sectarian conflicts a few years ago. The council also suggested the role of clerics to stop hate-speech through loudspeakers in religious congregations.
"We remember that thirty years ago the Friday sermon of every major mosque in every district and city was monitored and reported to the district magistrate. But today, it seems the city administration is powerless," says Tasnim Noorani, former Interior Secretary of Pakistan.
"These issues are placed low on the priority list of police and the city administration because of workload," he says. These factors have made implementation of such laws difficult. Clerics are not sensitised about these bans. "We need to focus on the prevention and empower district administrative tier and hold them responsible for implementation.
"We need to make the district administration and police independent, responsible, and accountable. We should stop political interventions to weaken security forces in implementing the law," he adds.