The high court directed the Kerala government to ensure that loudspeakers are not played above permissible decibel levels at night.
The Karnataka High Court said that azan on a loudspeaker does not violate the fundamental rights of people of other faiths. (Creative Commons)
The Karnataka High Court on Monday, 22 August, disposed of public interest litigation (PIL) that raised objections to azan — the Muslim call to prayer — at mosques and their content, citing the Right to Freedom of Religion that is enshrined in India’s Constitution.
However, the court directed the state government to ensure that loudspeakers and public address systems were not played above permissible decibel levels at night: specifically, from 10 pm to 6 am.
Disposing of the PIL, the court said that azan on a loudspeaker does not violate the fundamental rights of people of other faiths.
A division bench of acting Chief Justice Alok Aradhe and Justice S Vishwajith Shetty said, “Contention that the contents of azan violate the fundamental right guaranteed to the petitioner as well as persons of other faith cannot be accepted.”
It added: “Article 25 and 26 of the Constitution of India embody 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.”
The PIL was filed by one Chandrashekhar R seeking a halt on azan at mosques in Karnataka — citing the alleged use of offensive words — and the seizure of loudspeakers and amplifiers.
Bengaluru Jama Masjid’s Imam Maqsood Imran welcomed the decision and told South First, “The court’s judgment reflects the progressive decision of religious coexistence. The words of azan do not hurt any faith.”
He added, “We have been maintaining all government guidelines during azan-e-fajar (early morning prayer) to avoid any inconvenience to others.”
Advocate Hari Ram, a practising lawyer in Karnataka High Court, said, “It is a good decision, taken with a view to safeguarding the syncretic culture of religious unity. Muslim prayers in no manner hurt any individual of any faith.”
He said the judgment was a befitting reply to the divisive and communal agenda of right-wing organisations.
Several Hindutva outfits in Karnataka had appealed to the BJP-led Karnataka government to order the ban of loudspeakers as public address systems at mosques for azan.
Hindu Jan Jagruti Samiti head Mohan Gowda told South First, “Our concern on the use of loudspeakers during azan is in regard to the noise pollution and not religion. The loud sound affects students in educational institutions and patients in hospitals.”
He added, “The use of loudspeakers is a clear violation of the Noise Pollution (Regulation and Control) Rules of 2000. And the judgment directed officials to check the noise pollution rules.”
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