Read Time: 04 minutes

Synopsis

The Karnataka High Court on Monday declined to accept a contention that the contents of Azan (a call to Muslims to pray) violate the fundamental right guaranteed to believers of other religious faiths.

A division bench of Acting Chief Justice Alok Aradhe and Justice S. Vishwajith Shetty was hearing a Public Interest Litigation petition, filed by one Chandrashekhar R.

The petitioner had alleged that words used on Azan like 'Allah Hu Akbar' hurt the sentiments of people of other religions, therefore, the use of loudspeakers in mosques for the purpose of Azan should be stopped. 

However, Court said that Azan or Adhan is a call to offer prayers only and it was not the case of the petitioner himself that his fundamental right guaranteed under Article 25 of the Constitution of India was being infringed in any manner by calling of Azan through loudspeakers or public address systems.

Court observed, "Articles 25 and 26 of the Constitution of India embodies the principle of religious toleration which is a characteristic of Indian Civilization".

Having said that, while disposing of the petition, Court clarified that religious practices like Azan are not an absolute right but are subject to restrictions in the Constitution of India on the grounds of public order, morality, etc.

Therefore, Court directed the state authorities to ensure that loudspeakers, public address systems, sound-producing instruments and other musical instruments should not be permitted to be used for any purpose in violation of the Noise Pollution (Regulation and Control) Rules, 2000.

Moreover, Court observed that in an earlier matter, it had directed the state authorities to carry out a drive to prevent misuse of loudspeakers and public address system. In light of the same, Court ordered the authorities to file a compliance report within a period of eight weeks. 

Case Title: Chandrashekhar R v. State of Karnataka