3 days ago
Delhi HC Upholds Dismissal Of Christian Indian Army Officer Who Shunned Religious Parades
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Samuel Kamalesan had argued that he accompanied his troops to the mandir and gurdwara in weekly parades and festivals, seeking exemption only from entering the innermost sanctum
The Delhi High Court has confirmed the dismissal of a commanding officer in the Indian Army, Samuel Kamalesan, who consistently refused to participate in regimental weekly religious parades due to his Christian faith, despite multiple counselling sessions and opportunities provided by his superiors.
Kamalesan challenged his termination and the denial of pension and gratuity, arguing that he had accompanied his troops to the mandir and gurdwara during weekly parades and festivals. He sought exemption only from entering the innermost sanctum during rituals, citing respect for his monotheistic Christian beliefs and his troops' sentiments.
His plea highlighted that the regiment maintained only a mandir and a gurdwara for its religious needs, not a 'Sarv Dharm Sthal" for all faiths. The court noted that the dismissal was based on his conduct and its negative impact on military discipline and unit cohesion, not solely on his Annual Confidential Report (ACR) ratings.
The HC emphasised the dedication of armed forces personnel and their ethos of placing the nation before self and religion. It observed that the armed forces are united by their uniform, not divided by religion, caste, or region, and commanding officers have a higher responsibility to ensure their troops can observe their religious practices.
Commissioned as a lieutenant in March 2017, Kamalesan served in the 3rd Cavalry Regiment, which includes Sikh, Jat, and Rajput personnel. He led a squadron primarily composed of Sikh soldiers and noted the absence of a Sarv Dharm Sthal, or church, on the premises.
Kamalesan claimed regular attendance at the mandir and gurdwara but sought to avoid the inner temple sanctum during rituals. The respondent argued that his consistent non-attendance at regimental parades was despite efforts to explain their significance. The Chief of Army Staff reviewed the records and deemed his retention undesirable due to misconduct.
The court dismissed the plea, underscoring the secular principles of the armed forces, despite regimental names and war cries that might appear religious to outsiders. It respected the religious beliefs of personnel but stressed the higher standard of discipline required in the armed forces.
The HC ruled that Kamalesan's prioritisation of his religion over a lawful command constituted indiscipline. It underscored that the armed forces and military leadership, not the courts, determine necessary actions for effective command and troop motivation. The termination order highlighted Kamalesan's behaviour as contrary to the Indian Army's secular ethos and detrimental to officer-troop camaraderie essential in combat.
The court concluded that a court-martial trial for Kamalesan's misconduct was impractical due to the sensitive nature involving religious beliefs and upheld the disciplinary action taken against him.
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