New Delhi: The Delhi High Court has upheld the dismissal of a Christian army officer for repeatedly refusing to fully participate in weekly regimental religious parades, stating that the armed forces are united by their uniform, not divided by religion.
A bench of Justices Navin Chawla and Shalinder Kaur rejected the Indian Army lieutenant's petition challenging his termination order dated March 3, 2021, which dismissed him from service without pension or gratuity.
The court held that the officer placed his religious beliefs above a lawful command from his superior, an act deemed an offence under the Army Act.
"In the present case, the question is not of religious freedom at all; it is a question of following a lawful command of a superior. It is not disputed by the petitioner that his superiors have been calling upon him to attend the religious parades by even entering the sanctum sanctorum and performing the rituals if this would help in boosting the morale of the troops. In the present case, the petitioner has kept his religion above a lawful command from his superior. This clearly is an act of indiscipline," said the bench.
"Our Armed Forces comprise personnel of all religions, castes, creeds, regions, and faiths, whose sole motto is to safeguard the country from external aggressions, and, therefore, they are united by their uniform rather than divided by their religion, caste, or region," it stated.
The petitioner argued that his regiment accommodated only a temple and a gurudwara for religious practices and parades. As a follower of monotheistic Christian faith, he sought exemption from entering the innermost section of the temple while accompanying his troops for weekly religious parades and other events.
Defending the termination, authorities stated that efforts were made to address his concerns through other Christian officers in the army and discussions with a local church pastor. The pastor assured him that entering the 'sarv dharm sthal' as part of his duties would not compromise his Christian beliefs, but he remained resolute in his refusal.
"While there can be no denial of the fact that the petitioner has the right to practice his religious beliefs, however, at the same time, being the Commanding Officer of his troops, he carries additional responsibilities as he has to not only lead them in war but also has to foster bonds, motivate personnel, and cultivate a sense of belonging in the troops," the court observed.
It therefore held that the petitioner's refusal to fully participate in the weekly regimental religious parades, despite counselling at multiple levels of command and multiple opportunities being given to him for compliance, demonstrated an unwillingness to adapt to the requirements of military service and the armed forces.
"While to a civilian, this may appear a bit harsh and may even sound far-fetched, however, the standard of discipline required for the Armed Forces is different. The motivation that is to be instilled in the troops may necessitate actions beyond ordinary civilian standards," the court observed.
(inputs from PTI)