Legal

Delhi High Court Upholds Dismissal Of Army Officer For Refusing Religious Parades

The Delhi High Court has upheld the dismissal of an Indian Army officer who refused to participate in regimental religious parades, citing his Christian faith.

The court emphasised the importance of unity, discipline, and secularism in the armed forces, ruling that the officer’s conduct disrupted unit cohesion and justified his termination.

Officer Dismissed For Defying Military Protocol

Commissioned in 2017, the officer served in a regiment comprising soldiers from various religious backgrounds.

Despite repeated counselling, he consistently refused to participate in mandatory religious parades, citing the absence of a ‘Sarv Dharm Sthal’ (interfaith place of worship) and objecting to entering temples during rituals.

His continued non-compliance led the Chief of Army Staff to conclude that retaining him was undesirable due to misconduct. The Army dismissed him without pension or gratuity.

Delhi High Court Stresses Unity Over Individual Beliefs

The bench, comprising Justice Navin Chawla and Justice Shalinder Kaur, reinforced that military unity is built on service and uniform, not on religious, caste, or regional distinctions.

The judges ruled that Commanding Officers, in particular, bear a heightened responsibility to lead by example, upholding discipline and collective cohesion over personal religious preferences.

The court reiterated that the Indian Armed Forces maintain a secular structure.

While some regiments may carry names or war cries linked to specific religions, the court clarified that these serve motivational, not religious, purposes.

It emphasised that such elements do not compromise the neutrality or inclusiveness of the armed forces.

Highlighting the duties of Commanding Officers, the court pointed to paragraph 332 of military regulations, which directs that the religious beliefs of personnel be respected.

However, it also noted that officers must ensure access to religious observance without undermining discipline or unity.

The court asserted that those in leadership roles must place the needs of the unit above individual preferences, particularly in combat scenarios.

Court Declines Reinstatement; Cites Discipline And Cohesion

Rejecting the officer’s plea for reinstatement, the High Court ruled that courts must avoid interfering with decisions essential for maintaining military morale and operational effectiveness.

The bench concluded that the officer’s refusal to participate in regimental parades disrupted camaraderie and discipline, validating the Army’s decision to terminate his service.

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Purnima Mishra

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