K’taka HC refuses to order mosques to stop playing Azaan on loudspeakers
However, authorities are directed to implement the “noise pollution rules” related to loudspeakers and they were asked to file a compliance report.
Bengaluru: In a major relief to Muslims of Karnataka, the Karnataka high court refused to order mosques to stop playing Azaan on loudspeakers, saying that Azaan (Muslim call to prayer) on loudspeakers does not violate the fundamental right of people of other faiths.
However, authorities are directed to implement the “noise pollution rules” related to loudspeakers and they were asked to file a compliance report.
A division bench headed by acting chief justice Alok Aradhe which heard a public interest litigation (PIL) said “Article 25 and 26 of the Constitution of India embodies the principle of toleration which is the characteristic of Indian civilisation. Article 25(1) of the constitution confers the fundamental rights on persons to freely profess, practice and propagate their own religion.”
It added “However, the aforesaid right is not an absolute right but is subject to the restrictions on the grounds of public order, morality, health as well as subject to other provisions in Part III of the Constitution of India”.
The petition submitted by Bengaluru resident Manjunath S Halawar, stated that the “calling for Azaan/adaan is an essential religious practice of Muslims, however the contents of the Azaan/adaan are hurting the believers of other religious states.”
However, the court refused the claim by stating that the “contention that the contents of Azaan violate the fundamental right guaranteed to the petitioner as well the persons of other faith cannot be accepted.”
