The Delhi High Court has recently upheld the termination of a Christian Indian Army officer who refused to participate fully in weekly regimental religious parades. The decision emphasizes the importance of discipline and unity within the armed forces, asserting that while religious beliefs are respected, they cannot override lawful commands and the need for cohesion in a military unit.
Lieutenant Samuel Kamalesan, who was commissioned in 2017, faced disciplinary actions after he refused to enter the inner sanctum of religious structures, namely a temple and a gurdwara, during mandatory regimental parades. Kamalesan, assigned to a Sikh squadron, argued that his refusal was rooted in his Christian faith and a desire to respect the religious sentiments of his troops by not participating in rituals that might offend them. He maintained that his actions did not affect his relationship with his troops, who were not offended by his non-participation.
However, the Army contended that Kamalesan's refusal undermined unit cohesion and troop morale. Despite counseling sessions and assurances from commanding officers, including consultations with Christian clergy, Kamalesan remained steadfast in his decision. Consequently, he was terminated from service in 2021.
Justices Navin Chawla and Shalinder Kaur of the Delhi High Court ruled that the issue was not about religious freedom but about adhering to a superior's lawful command. They emphasized that Section 41 of the Army Act makes it an offense to disobey a superior officer's order. The Court noted that Kamalesan's superiors had repeatedly asked him to attend the religious parades and participate in rituals to boost troop morale. By placing his religious beliefs above these commands, the Court found him guilty of indiscipline.
The Court underscored the secular nature of the Indian Armed Forces, highlighting that while regiments might historically bear names associated with religion or region, this does not undermine the institution's secular ethos. The judges noted that war cries, though seemingly religious to outsiders, serve a purely motivational function, fostering solidarity and unity among the troops. The judges stated, "The Indian Armed Forces are composed of personnel from diverse religious backgrounds, but their primary duty is to safeguard the nation".
The bench also pointed out that Commanding Officers must lead by example, prioritizing unit cohesion over individual religious preferences, especially when leading troops in combat situations. The High Court emphasized that military standards of discipline are unique and cannot be judged by civilian norms and that the termination was based on the officer's conduct and its impact on military discipline and unit cohesion.
The court concluded that the Army's decision to terminate Kamalesan was justified, considering the sensitive religious elements involved and the operational realities and unit morale. The bench dismissed Kamalesan's plea challenging his termination and dismissal from the Indian Army without pension and gratuity, thereby upholding the Army's decision.