The Supreme Court upheld the dismissal of an Indian Army officer for refusing regimental religious rituals.

Background

• Case: Lt. Samuel Kamaleshan, a Christian officer, refused a superior’s order to enter the regiment’s temple sanctum to conduct aarti, citing his monotheistic faith.
• Army Action & Legal Challenge: He was dismissed and challenged the decision in the Supreme Court.
• Appellant’s Argument: Kamaleshan’s lawyer argued his Article 25 right to religious freedom could not be denied merely for serving in the Armed Forces.
• Supreme Court Observations: The Court held his refusal disrespected the soldiers’ faith, labelled it gross indiscipline, and ruled he was a misfit for the Army.

Supreme Court’s Institutional Reasoning

• Article 25 vs Institutional Duty: The Court held that while Article 25 protects personal religious practice, the Army’s expectations relate to institutional duty, not private worship.
• Military as a Unique Environment: Unlike corporate settings, the Army operates in life-and-death situations where trust, cohesion, and shared identity are indispensable.
• Impact on Leadership and Morale: Refusal to attend unit functions weakens leadership and demotivates soldiers who expect solidarity from their officers.
• Article 33 and Restricted Rights: The Court relied on Article 33, which empowers Parliament to restrict Fundamental Rights of Armed Forces personnel to maintain discipline and efficiency.

Primacy of Duty and Leadership Expectations

• Institutional Duty Over Personal Belief: Senior military leaders stress that in uniform, institutional duty overrides personal preferences or religious convictions.
• Leadership Through Presence: The principle “Presence is Leadership” signifies that officers must stand with their troops during regimental rituals to foster trust and unit cohesion.
• Historical Examples of Inclusive Leadership:
  • Brigadier Desmond Hay (Christian) led the 3 Jat Regiment in 1965, actively participating in all regimental rituals, earning the Maha Vir Chakra.
    
  • Lieutenant Colonel Ardeshir Tarapore (Parsi) commanded the Poona Horse Regiment, achieving distinction and the Param Vir Chakra, demonstrating religion-neutral leadership.

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Conclusion

The judgment underscores that in the Army, the individual becomes part of a larger institution where collective duty outweighs personal belief. Once the uniform is worn, the central question becomes not “What is my religion?” but “What is my duty as a leader?”

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