Words Used In Azan Don’t Violate Rights Of Other Faiths: Karnataka HC Disposes Plea To Ban Azan In Loudspeakers

The High Court of Karnataka on Monday disposed of a plea claiming that the contents of Azan (the Muslim call to prayer) in mosques through loudspeakers hurt the sentiments of the believers of other religious faiths.

A division bench of acting Chief Justice Alok Aradhe and Justice S. Vishwajith Shetty noted, “Contention that the contents of Azan violate the fundamental right guaranteed to the petitioner as well as persons of other faith cannot be accepted.”

The petitioner Chandrashekhar R, a resident of Bengaluru had sought direction from the authorities to stop mosques from the use of Azan, alleging that the words hurt the sentiments of people belonging to other religions.

Advocate Manjunath S Halawar appearing for the petition said that words like ‘Allah Hu Akbar’, which means “Allah is the greatest”, etc., hurt the sentiments of people of other faiths.

“The Articles 25 and 26 of the Constitution of India embody the principles of religious toleration, which is characteristic of Indian civilisation. Article 25 confers the fundamental right on persons to freely profess, practise and propagate their own religion. However, the aforesaid right is not an absolute right but is subject to the restrictions on the ground of public order, morality, health as well as subject to other provisions of the Constitution,” the bench observed.

Further noticing that the petitioner himself has stated in the petition that Azan is an essential religious practice of the persons belonging to Islam, the bench stated that the petitioner, as well as believers of other faiths, have the right to practise their religion. “However, the contention that the contents of Azan violate the fundamental right guaranteed to the petitioner and also to the persons of other faith cannot be accepted.”

The bench, however, directed the State government authorities to ensure that loudspeakers, public address systems and sound-producing instruments should not be permitted to be used in violation of the Noise Pollution (Regulation and Control) Rules, 2000.

While disposing of the petition, it also directed the authorities to implement the directions by the court and file a compliance report within eight weeks.