On Monday, the Karnataka High Court rejected a claim that the contents of Azan (Muslim call to prayer) violate the basic freedom provided to adherents of other religious faiths. The Court was hearing a Public Interest Litigation filed by Chandrashekhar R.
According to the reports, the petitioner in the PIL had claimed that statements used in Azan, such as ‘Allah Hu Akbar,’ offended individuals of different faiths. He also stated that the use of loudspeakers in mosques for Azan should be prohibited.
However, the Court led by acting Chief Justice Alok Aradhe and Justice S. Vishwajith Shetty said that Azan is just a call to give prayers and that it was not that petitioner’s basic right granted under Article 25 of the Indian Constitution was being infringed in any way by calling Azan over loudspeakers or public address systems.
“Articles 25 and 26 of the Constitution of India embodies the principle of religious tolerance which is a characteristic of Indian Civilization”, the bench added. While dismissing the case, the court further stressed that religious rituals such as Azan are not absolute rights but are subject to constraints in the Indian Constitution based on public order, morality, and so on.
The court meanwhile also ordered state officials to guarantee that loudspeakers, public address systems, sound-producing instruments, and other musical instruments are not utilized for any purpose that violates the Noise Pollution (Regulation and Control) Rules, 2000.
Furthermore, the Court noted that in a previous case, it had urged state authorities to conduct a campaign to discourage the misuse of loudspeakers and public address systems. In light of this, the Court directed the authorities to provide a compliance report within eight weeks.
