Azan on loudspeakers does not violate fundamental rights of people belonging to other religions: Karnataka HC

India

pti-PTI

Bengaluru, Aug 22:
The
Karnataka
High
Court
has
said
‘azan’
(Muslim
call
to
prayer)
on
loudspeakers
does
not
violate
the
fundamental
right
of
people
of
other
faiths.
It
therefore
refused
to
order
mosques
to
stop
playing
azan
on
loudspeakers.

However,
the
court
directed
the
authorities
to
implement
the
‘Noise
Pollution
Rules’ related
to
loudspeakers
and
file
a
compliance
report.
A
public
interest
litigation
(PIL)
by
Bengaluru
resident
Manjunath
S
Halawar
was
heard
by
a
division
bench
headed
by
Acting
Chief
Justice
Alok
Aradhe.

The
petition
stated
that
the
“calling
for
azan/adan
is
an
essential
religious
practice
of
Muslims,
however
the
contents
of
the
azan/adan
are
hurting
the
believers
of
other
religious
states.” The
HC
in
its
order
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.”

“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
court
said.
The
“contention
that
the
contents
of
Azan
violate
the
fundamental
right
guaranteed
to
the
petitioner
as
well
the
persons
of
other
faith
cannot
be
accepted”,
it
said.

The
court,
however,
directed
the
authorities
to
implement
rules
about
noise
pollution
and
restriction
on
using
loudspeakers.
It
directed
authorities
to
“ensure
that
loudspeakers
and
public
address
systems
and
sound
producing
instruments
and
other
musical
instruments
shall
not
be
permitted
to
be
used
of
the
permissible
decibel
during
the
night
between
10
pm
to
6
am.”

Another
division
bench
of
the
HC
had
on
June
17,
2022
directed
authorities
“to
carry
out
a
drive
to
prevent
the
misuse
of
loudspeakers
and
public
address
systems.”
The
High
Court
now
directed
the
officials
to
“file
compliance
report
before
this
court
within
a
period
of
eight
weeks.”
.