India’s Karnataka High Court Monday dismissed a petition challenging the contents of the Islamic call to prayer (Azaan). The petition asserted that the term “Allahu Akbar,” Allah is the greatest, hurt the sentiments of other religious beliefs. The court held that Article 25 and 26 of India’s Constitution “embodies the principle of religious tolerance” and that Azaan is protected under the Constitution as an essential religious practice in Islam.

The petitioner Chandrashekhar R. contended that the contents of the Azaan violate the fundamental rights of other citizens and sought to stop mosques/masjids from using the contents of the Azaan through loudspeakers.

The court held that the fundamental right to freely profess, practise and propagate their own religion is not an absolute right and is subject to restrictions on the grounds of public order, morality, and health. The bench of Acting Chief Justice Alok Aradhe and Justice S Vishwajith Shetty observed:

Azaan is a call to muslims to offer prayers. It is the case the petitioner himself as pleaded in writ petition, that Azan is an essential religious practise of the persons belonging to Islam. It is also pertinent to note that it is not the case of the petitioner himself that his fundamental right guaranteed under Article 25 is being infringed in any manner by offering Azan, through loudspeakers or PA system or its contents violate the fundamental right guaranteed to petitioner or persons belonging to other faith.

The court referred to its previous order and directed that musical instruments including loudspeakers, and PA systems shall not be allowed between 10 pm to 6 am.