The Delhi High Court on Friday, May 30, upheld the termination of an Army officer for his consistent refusal to participate in religious regimental parades owing to his Christian faith.
Commanding officer Samuel Kamalesan was dismissed from the Indian Army in 2021. In his plea, Kamalesan said that he merely sought exemption from entering the innermost part of the temple during rituals such as puja, havan, or aarti. He said that this action was not only a sign of respect to his Christian faith but also a sign of respect to the sentiments of his troops which might be hurt by his non-participation.
However, according to the Army, his actions undermined unit cohesion and troop morale.
Kamalesan was commissioned in the Indian Army in March 2017. He served in the 3rd Cavalry Regiment, which comprises three squadrons of Sikh, Jat, and Rajput troops.
He was made troop leader of Squadron B consisting of Sikh Personnel.
In his plea, Kamalesan said that his regiment only maintained a temple and a gurudwara for its religious needs and parades, instead of a ‘Sarv Dharm Sthal (Places of all religions)’ which would serve persons of all faiths.
The Delhi High Court upheld his termination, saying this was not a matter of religious freedom but of following the commands of his superiors and ruled his actions as an act of indiscipline.
The court further noted that while to a civilian the decision might seem harsh or far fetched, the standard of discipline required for the Armed Forces is different.
“There are also War Cries which, to an outsider, may sound religious in nature, however, they serve a purely motivational function, intended to foster solidarity and unity amongst the troops. At the same time, the Armed Forces also give due respect to the religious beliefs of their personnel,” the High Court said.
The court also noted that it should refrain from second-guessing the Army’s decisions unless they seem arbitrary. “It is for the Armed Forces and the military leadership to determine what actions they feel are important for its Commanding Officers to take in order to effectively motivate the troops under their command, and what may act as a demotivating factor for the Forces or to the bond and unflinching command that the Commanding Officer must yield over the troops. The Courts cannot second-guess the same,” the Court said.
Lastly, the High Court noted that holding a trial by a Court Martial for Kamalesan’s misconduct is ‘inexpedient and impracticable’ owing to the case’s sensitive nature, grounded in religious beliefs.
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