No violation of rights of other faiths: Karnataka HC rejects plea against azaan on loudspeakers

The HC said Article 25 and 26 of the Constitution embody the principle of tolerance which is the characteristic of Indian civilisation

The High Court of Karnataka on Monday declined to entertain a plea that sought a direction to stop mosques in the state from using the "contents of azaan" through loudspeakers.

The public interest litigation (PIL) said azaan/adhan (call for prayers in Islam) through loudspeakers five times a day between 6 am and 10 pm throughout the year hurt the sentiments of believers of other faiths.

The plea was filed by Chandrashekar R, a resident of Bhairaveshwaranagar in Bengaluru.

A division bench headed by Acting Chief Justice Alok Aradhe observed that the contention that the contents of azaan violate the fundamental rights guaranteed to the petitioner and people of other faiths cannot be accepted.

“Undoubtedly, the petitioner as well as believers of other faiths have the right to practise their religion. However, azaan is a call to Muslims to pray. The petitioner himself pleaded in the petition that azaan is an essential religious practice in Islam. However, the contention that its contents violate the fundamental right guaranteed to the petitioner as well as persons of other faith cannot be accepted," the bench said.

It also said that Article 25 and 26 of the Constitution embody the principle of tolerance which is the characteristic of Indian civilisation. Article 25 (1) confers the fundamental right to freely profess, practise and propagate one's religion.

“However, it is worth mentioning that the aforesaid right is not absolute but is subject to restrictions on the ground of public order, morality and heath as well as other rights guaranteed under part III of the Constitution,” it added.

The bench, however, directed the authorities to submit a report within eight weeks regarding violation of rules under the Noise Pollution (regulation and control) Rules, 2000.