Delhi high court upholds Army officer's termination for refusing to attend religious parade

NEW DELHI: Delhi high court has upheld the 2017 termination of an Army officer who refused to participate in regimental weekly religious parades on the grounds that he belonged to the Christian faith.

Samuel Kamalesan had challenged his dismissal without pension and gratuity, and sought reinstatement in service. In a May 30 order, a division bench of Justice Navin Chawla and Justice Shalinder Kaur said: "Our armed forces comprise personnel of all religions, castes, creeds, regions and faiths, whose sole motto is to safeguard the country from external aggressions... They are united by their uniform rather than divided by their religion, caste or region."

'Kamalesan's behaviour was against secular norms of Army'

Kamalesan was commissioned in Army in March 2017 as a lieutenant in the 3rd Cavalry Regiment, which comprises three squadrons of Sikh, Jat and Rajput personnel. He was made the troop leader of Squadron B, which comprises Sikh personnel.

In his plea, Kamalesan stated that his regiment maintained only a mandir and a gurdwara for its religious needs and parades, and not a sarv dharm sthal, which would serve persons of all faiths. He noted that there was no church on the premises.

The bench observed that while regiments in the armed forces may historically bear names associated with religion or region, it does not undermine the secular ethos of the institution or of personnel posted in these regiments.

"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 among the troops. At the same time, the armed forces also give due respect to the religious beliefs of their personnel," the bench noted.

HC observed that Kamalesan kept his religion above a lawful command from his superior, which was clearly an act of indiscipline. "While, to a civilian, it may appear harsh and even sound far-fetched, the standard of discipline required for the armed forces is different," it said.

The bench stated the termination order specifically noted that Kamalesan's undisciplined behaviour was against all secular norms of Indian Army and adversely affected the traditional camaraderie between officers and troops of the regiment.

Noting that Army organised several counselling sessions for Kamalesan, the court concluded that the decision of termination was taken after careful consideration of the specific circumstances of the case and potential consequences of different courses of action.