A Christian soldier who kept his religion above a lawful command ... was dismissed : Delhi High Court upheld it

The Delhi High Court (recently) upheld the dismissal of Lieutenant Samuel Kamalesan, a Christian officer from the Indian Army, for his refusal to participate in religious rituals at his regiment's temple and gurdwara.  

Kamalesan, a Protestant Christian, was terminated in March 2021, only a few years after he joined the army.

He will not be entitled for any benefits, such as a pension or gratuity.

Officer Samuel Kamalesan “has kept his religion above a lawful command from his superior. This clearly is an act of indiscipline,” said the Delhi High Court in its May 30 order. 

The court upheld the termination. 

Discipline is above everything else in forces

Sources say despite reminders, counseling, and advice from his seniors about the need to adhere to military discipline, Kamalesan refused to lead the prayers inside the temple, insisting that he could not do so because of his monotheistic Christian faith. 

He joined the force as a Lieutenant and was appointed the troop leader of a squadron comprising Sikh soldiers.

As the leader of his troop, Kamalesan was required to lead the troop in a weekly parade to a Gurudwara, a Sikh temple, and join prayers inside the innermost temple, its sanctum sanctorum, with temple priests. Kamalesan refused, stating that his Christian faith does not permit him to do so, according to court records.  

The central government opposed the petition filed by him that challenged his dismissal.

The Government of India told the court that Kamalesan’s refusal was “only on the ground of his religious beliefs” and it “has an adverse effect on the morale and motivation of the troops he commands.”  The division bench of Justices Navin Chawala and Shalinder Kaur, however, disagreed with his arguments, citing the army’s disciplinary rules, which consider persistent disobedience of rules and senior officers as a serious violation.

A Catholic military officer, who preferred to remain anonymous because he is not authorized to speak to the media, agreed with the court ruling and said: “Regimental religious parades are nothing new. It is part of the force in every regiment, and every troop leader follows it irrespective of their religion.”

He said that several Christian troop leaders, including himself, have led and continue to lead troops to the regiment’s Hindu temples, and conduct prayers, offerings, and the Arati as ritual worship inside the innermost temple.

“Without the army uniform, I may be a Catholic. But with the uniform, I’m part of my regiment," said one official.

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