The Delhi High Court has upheld the dismissal of Lieutenant Samuel Kamalesan, a Christian officer in the Indian Army, who was removed from service for refusing to participate in religious rituals at his regiment’s temple and gurdwara. The Court ruled that his actions amounted to indiscipline as he placed personal religious beliefs above lawful commands from his superiors.
A division bench of Justices Navin Chawla and Shalinder Kaur held that while individuals in the armed forces are free to practice their religion, military discipline and command structure require certain duties to be performed regardless of personal beliefs. “While Regiments in our Armed Forces may historically bear names associated with religion or region, this does not undermine the secular ethos of the institution,” the Court observed. It added that religious rituals and war cries, even if they appear religious to outsiders, serve to motivate and unify troops.
Lt Kamalesan, commissioned in 2017, was assigned to a Sikh regiment and reportedly refused to enter the sanctum sanctorum during regimental religious parades. He stated that doing so would compromise his Christian faith and also risk offending the sentiments of his Sikh troops. He maintained that his relationship with his men remained strong despite his stance.
However, the Army claimed that his persistent refusal to comply, even after consultations with clergy and superior officers, harmed unit cohesion and morale. Kamalesan was dismissed in 2021.
The Court emphasized that the matter was not one of religious freedom but of obeying a lawful military order. It pointed to Section 41 of the Army Act, which penalizes disobedience of superior orders. The bench noted that the officer had not disputed the order and that his refusal constituted a breach of military discipline.
The judges stated, “While, to a civilian, this may appear a bit harsh… the standard of discipline required for the Armed Forces is different.” They added that courts should refrain from interfering with military decisions unless they are clearly arbitrary.
The Court supported the Army’s decision to avoid a court-martial in order to prevent unnecessary controversy and to protect the secular image of the armed forces.
Senior Advocate Gopal Sankaranarayanan, along with Advocates Abhishek Jebaraj, A Reyna Shruti, Shourya Desgupta, and Shivani Sagar Kalra represented Lt Kamalesan. Additional Solicitor General Chetan Sharma and other government lawyers appeared for the Union of India.
